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ILR for Spouse & Child
Posted: Wed Oct 26, 2016 11:02 pm
by AA321
Hi,
I have received my ILR in Jan'2016 (ICT 5 years route) and my spouse & child are holding Tier-2 dependent visa now and its still valid until 2017. I am planning to apply ILR for them now.
My spouse entered UK in Nov'2010, so eligible on 2 year route now. My child is 3 years old (entered UK in Oct'2013).
1) I am thinking of doing through Postal Application and just reading through this thread I wonder the 6 months timelines is getting applied for almost all application or depends on the complexity.
2) I have been following the immigration updates and so far the changes from Apr'2017 are only on Tier-2. Is there any change on ILR & Naturalisation.
Thanks in anticipation.
Re: ILR for Spouse & Child
Posted: Thu Oct 27, 2016 8:57 am
by iworker
No changes announced so far.
I think you will have to do the applications separately for the two dependents.
Your daughter has not completed 5 years, so not eligible yet. You should apply for your wife ilr first, once she gets it, then your daughter will be eligible too since both parents on ir.
Re: ILR for Spouse & Child
Posted: Thu Oct 27, 2016 9:45 am
by CR001
iworker wrote:No changes announced so far.
I think you will have to do the applications separately for the two dependents.
Your daughter has not completed 5 years, so not eligible yet. You should apply for your wife ilr first, once she gets it, then your daughter will be eligible too since both parents on ir.
Child can apply with mother.
Re: ILR for Spouse & Child
Posted: Fri Oct 28, 2016 2:03 pm
by KHUSHA
Hi AA321
There are different rules for UK born child and foreign born child. If your child is born in the UK, she is eligible for immediate citizenship by 'citizenship by registration', if that helps. For children born outside UK, both parents need to have citizenship.
Re: ILR for Spouse & Child
Posted: Fri Oct 28, 2016 2:06 pm
by Casa
KHUSHA wrote:Hi AA321
There are different rules for UK born child and foreign born child. If your child is born in the UK, she is eligible for immediate citizenship by 'citizenship by registration', if that helps. For children born outside UK, both parents need to have citizenship.
The OP's post is about settlement (ILR) not British citizenship.
Re: ILR for Spouse & Child
Posted: Fri Oct 28, 2016 2:15 pm
by CR001
KHUSHA wrote:Hi AA321
There are different rules for UK born child and foreign born child. If your child is born in the UK, she is eligible for immediate citizenship by 'citizenship by registration', if that helps. For children born outside UK, both parents need to have citizenship.
And the child appears to have been born abroad as 'entered the UK in 2013'. Child will be expected to hold ILR to qualify for citizenship.
Re: ILR for Spouse & Child
Posted: Tue Nov 01, 2016 12:05 pm
by AA321
All,
Thanks for the reply.
1) My Spouse Application would be
First Entry to UK 21-Nov-2010
Out - UK In - UK Total Days
12-Nov-12 12-Oct-13 334
04-Nov-15 04-Mar-16 121
Continuous Period Split (20-Nov-2016 Application Date)
Days Absence
20-Nov-15 20-Nov-16 73
20-Nov-14 20-Nov-15 47
20-Nov-13 20-Nov-14 0
20-Nov-12 20-Nov-13 294
20-Nov-11 20-Nov-12 39
2) My Kid Application would be
First Entry to UK 12-Oct-2013
Out - UK In - UK Total Days
04-Nov-15 04-Mar-16 121
Continuous Period Split (20-Nov-2016 Application Date)
Days Absence
20-Nov-15 20-Nov-16 73
20-Nov-14 20-Nov-15 47
20-Nov-13 20-Nov-14 0
I hope the above calculation should be fine, Please correct me if am wrong. My spouse entered in 2010 and I hope only 2 years would be counted for her not 5 years.
As per CR001 comment, I can do my child's application also with my wife. I understand from other thread that both of them has to get their ILR to apply for citizenship and can't apply directly once I get my citizenship.
3) I am thinking of doing through Postal Application and just reading through this thread I wonder the 6 months timelines is getting applied for almost all application or depends on the complexity.
Many thanks in anticipation.
Re: ILR for Spouse & Child
Posted: Wed Nov 02, 2016 3:42 pm
by AA321
Experts,
Any support on my queries would be very helpful to me
Thanks
Re: ILR for Spouse & Child
Posted: Fri Nov 04, 2016 12:30 pm
by AA321
Experts,
Any support on my queries would be very helpful to me
Thanks
Re: ILR for Spouse & Child
Posted: Fri Nov 04, 2016 1:47 pm
by CR001
What is your question?
There is no absence limit for PBS Dependents.
Re: ILR for Spouse & Child
Posted: Wed Nov 09, 2016 1:16 pm
by AA321
Thanks CR001,
If there is no absence limit for PBS Dependants, I can go-ahead with my Spouse & child ILR applications ASAP.
3) I am thinking of doing through Postal Application and just reading through this thread I wonder whether the 6 months timelines is getting applied for almost all applications or depends on the complexity.
How this works?
Re: ILR for Spouse & Child
Posted: Wed Nov 09, 2016 1:26 pm
by CR001
Postal can take a couple of months or many months, it varies.
Re: ILR for Spouse & Child
Posted: Wed Mar 08, 2017 2:35 pm
by AA321
Hi,
Thanks experts for all your inputs.
I am preparing my Spouse & Child's postal application for ILR and bit confused which application form I should choose.
I was on Tier-2 ICT and converted to ILR. My Spouse & Child are in Tier-2 PBS dependent now and I hope I should use SET (O) for both of the same. can anyone clarify on this.
Also, the document list will be.
1) My Spouse Passport
2) My Spouse BRP
3) My Child Passport
4) My Child BRP
5) My Spouse Application form. ? is it SET (O)
6) My Child Application form. ? is it SET (O)
7) My Spouse Life In UK Certificate

My Spouse UK Naric - English Assessment Letter
9) My Spouse UK Naric - Comparability Letter
10) Council tax Letter - For Cohabitation
11) Tenancy agreement - For Cohabitation
12) My Spouse Bank Statement - ONLY for Cohabitation (not for financial aspect)
13) Marriage certificate
14) I can also include my recent payslips & Bank statement (for financial aspect)
Any other document to consider.?
Your response would be very much appreciated.
Re: ILR for Spouse & Child
Posted: Wed Mar 08, 2017 2:56 pm
by CR001
5) My Spouse Application form. ? is it SET (O)
6) My Child Application form. ? is it SET (O)
Yes, you can use one form for both of them together.
Re: ILR for Spouse & Child
Posted: Wed Mar 08, 2017 3:39 pm
by AA321
Thanks CR001, I will use the same SET(O) application for my Spouse & Child. One clarification, Should I enter my spouse details in 'Section 1 -As Main Applicant' OR in 'Section 2- As Dependant'.
Also can you please provide your view on the other documents I have listed
Re: ILR for Spouse & Child
Posted: Wed Mar 08, 2017 3:42 pm
by CR001
AA321 wrote:Thanks CR001, I will use the same SET(O) application for my Spouse & Child. One clarification, Should I enter my spouse details in 'Section 1 -As Main Applicant' OR in 'Section 2- As Dependant'. Yes, the bold underlined one.
Also can you please provide your view on the other documents I have listed Suggest wait for others to comment.
Also, please note the big red text in my signature, thank you.
Re: ILR for Spouse & Child
Posted: Fri Mar 10, 2017 1:46 pm
by AA321
HI Experts,
Can you please provide your view on my document list.
Regards,
Ganapathy.S
Re: ILR for Spouse & Child
Posted: Fri Mar 10, 2017 2:25 pm
by vinny
AA321 wrote:All,
Thanks for the reply.
1) My Spouse Application would be
First Entry to UK 21-Nov-2010
Out - UK In - UK Total Days
12-Nov-12 12-Oct-13 334
04-Nov-15 04-Mar-16 121
Continuous Period Split (20-Nov-2016 Application Date)
Days Absence
20-Nov-15 20-Nov-16 73
20-Nov-14 20-Nov-15 47
20-Nov-13 20-Nov-14 0
20-Nov-12 20-Nov-13 294
20-Nov-11 20-Nov-12 39
Unfortunately, the recent
changes may break her continuous leave.
Re: ILR for Spouse & Child
Posted: Fri Mar 10, 2017 2:30 pm
by CR001
vinny wrote:AA321 wrote:All,
Thanks for the reply.
1) My Spouse Application would be
First Entry to UK 21-Nov-2010
Out - UK In - UK Total Days
12-Nov-12 12-Oct-13 334
04-Nov-15 04-Mar-16 121
Continuous Period Split (20-Nov-2016 Application Date)
Days Absence
20-Nov-15 20-Nov-16 73
20-Nov-14 20-Nov-15 47
20-Nov-13 20-Nov-14 0
20-Nov-12 20-Nov-13 294
20-Nov-11 20-Nov-12 39
Unfortunately, the recent
changes may break her continuous leave.
Even if the spouse is a pre 9 July 2012 applicant and only requires 2 years residence?
Re: ILR for Spouse & Child
Posted: Fri Mar 10, 2017 2:37 pm
by vinny
Seems so, if they use the
current definition of continuous leave:
319E wrote:(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):
(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules
under the Rules in place before 9 July 2012,
and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years
Re: ILR for Spouse & Child
Posted: Fri Mar 10, 2017 2:42 pm
by CR001
vinny wrote:Seems so, if they use the
current definition of continuous leave:
319E wrote:(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):
(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules
under the Rules in place before 9 July 2012,
and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years
Thanks, harsh for those who didn't plan accordingly and think 'residence' was not that important.
Re: ILR for Spouse & Child
Posted: Fri Mar 10, 2017 3:33 pm
by AA321
Thanks Vinny & CR001.
But my spouse case would be as mentioned below as on today,
First Entry to UK 21-Nov-2010
Out - UK In - UK Total Days
12-Nov-12 12-Oct-13 334
04-Nov-15 04-Mar-16 121
Continuous Period Split (10-Mar-2017 Application Date)
Days Absence
10-Mar-16 10-Mar-17 0
10-Mar-16 10-Mar-16 120
10-Mar-14 10-Mar-15 0
10-Mar-13 10-Mar-14 214
10-Mar-12 10-Mar-13 119
The per the updated rule you have specified also ('the specified period is 2 years') the continuous period is only 2 years. Is my understanding correct.?
I am bit nervous now.

Re: ILR for Spouse & Child
Posted: Fri Mar 10, 2017 3:38 pm
by CR001
10-Mar-13 10-Mar-14 214
This is the period that broke her continuity of residence (therefore not continuous leave), which would then put her on the new 5 year route as it is after July 2012, if my understanding is correct of what vinny posted. It would be 2 years as a pre July 2012 dependetn, if she did not break her residence with such a big absence
Below from another topic where vinny posted.
vinny wrote:Her continuous leave may be broken after she spent more than six months per 12 months cycle outside the UK.
8.21. wrote:In paragraph
319E(d)(ii) insert after (c):
βIn this sub-paragraph β
continuousβ means an unbroken period and for this purpose a period shall not be considered to have been broken in any of the circumstances set out in paragraph
245AAA(a)(i) to (iii).β.
Re: ILR for Spouse & Child
Posted: Fri Mar 10, 2017 4:00 pm
by AA321
Oops. Not sure how I missed this update.
Not to complicate further, can you provide your view if I go for Premium Service on 25-Apr-2017 and my spouse split will be as mentioned below.
1) My Spouse Application would be
First Entry to UK 21-Nov-2010
Out - UK In - UK Total Days
27-Apr-12 30-Apr-12 2
20-Jun-16 26-Jun-16 5
12-Nov-12 12-Oct-13 334
04-Nov-15 04-Mar-16 121
Continuous Period Split (25-Apr-2017 Application Date)
Days Absence
25-Apr-16 25-Apr-17 0
25-Apr-16 25-Apr-16 120
25-Apr-14 25-Apr-15 0
25-Apr-13 25-Apr-14 168
25-Apr-12 25-Apr-13 172
Will this be alright. Anything to consider for my 4 year Child Application.
Re: ILR for Spouse & Child
Posted: Fri Mar 10, 2017 4:04 pm
by CR001
Yes, that would likely work.