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ILR for Dependents

Posted: Mon Aug 05, 2019 8:49 am
by aby00156
Hi All,

I recently got my ILR. Now I need to get some information for the next steps for my family.

My wife was granted T1 Dependent visa on 01/10/14 but she entered UK on 01/08/2015.
- Can she apply for ILR on 10/09/19 or will have to wait till 10/07/2020

My son was born in India and came to UK on 01/08/15
- Should I apply for ILR for him on 10/07/2020 or do I have any other options available.

Re: ILR for Dependents

Posted: Mon Aug 05, 2019 9:07 am
by CR001
My view is that as she entered the UK almost a year after visa issue date, she can apply next year.

Same for your son.

Not sure what 'other' options you think you have for your son. He needs ILR and can apply when your spouse does.

Re: ILR for Dependents

Posted: Mon Aug 05, 2019 10:03 am
by aby00156
CR001 wrote:
Mon Aug 05, 2019 9:07 am
My view is that as she entered the UK almost a year after visa issue date, she can apply next year.
So is the date of entry in UK is considered to count the 5 year continous period and not the date of issue.

Re: ILR for Dependents

Posted: Mon Aug 05, 2019 10:06 am
by CR001
It is the date of issue of the initial visa start date for PBS Dependents but almost a year delay in entering the UK could result in a refusal for failing to meet the 5 residence requirement.

Others may advise and say it is fine to apply. Your choice if you want to risk it and lose the ILR fee.

Re: ILR for Dependents

Posted: Wed Aug 07, 2019 9:36 am
by aby00156
Hi CR001,

I was going through some old post and found this one.
indefinite-leave-to-remain/pbs-dependan ... 68191.html

In this post elfwolf got his patners ILR approved with a gap of more than 180days between Visa clearence and entry.

Re: ILR for Dependents

Posted: Wed Aug 07, 2019 9:42 am
by CR001
As I said, it is your risk to take.

Re: ILR for Dependents

Posted: Wed Aug 07, 2019 9:31 pm
by aby00156
One last thing I want to ask,

My wife was granted T1 Dependent visa on 01/10/14 but she entered UK on 01/08/2015.
In Jan 2017 she shifted to T2 General Dependent visa.

Does the 5yr continuous period clock reset when she switched from T1 Dependant to T2 Dependant ?

Re: ILR for Dependents

Posted: Thu Aug 08, 2019 1:13 am
by zimba
No. PBS dependant visa is the same category for Tier 1 and Tier 2

Re: ILR for Dependents

Posted: Thu Aug 08, 2019 8:31 am
by aby00156
Hi Zimba,

Can you please advise what date shall I mention on the form for the question "What date you entered UK"

Isit the visa issue date or the actual entry date.

Re: ILR for Dependents

Posted: Thu Aug 08, 2019 8:33 am
by CR001
The question clearly asks for date you entered the UK and not the date of visa issued

Re: ILR for Dependents

Posted: Thu Aug 08, 2019 8:49 am
by aby00156
CR001,

Can you please advise why have you deleted my questions on the post of people whose visa was granted.

Re: ILR for Dependents

Posted: Thu Aug 08, 2019 9:51 am
by CR001
aby00156 wrote:
Thu Aug 08, 2019 8:49 am
CR001,

Can you please advise why have you deleted my questions on the post of people whose visa was granted.
See point 12 in the Forum Rules FAQs link below.

announcements/read-me-getting-started-t ... 24804.html

Whichever date you put, it will not affect your application.

Re: ILR for Dependents

Posted: Wed Aug 14, 2019 11:35 am
by aby00156
Hi CR001.

Apologies for breaking the rule of this board.

So in my case, I can apply ILR for my son when I am applying ILR for my wife.
Can you please guide me to guidance for this.

Re: ILR for Dependents

Posted: Wed Aug 14, 2019 11:37 am
by CR001
Yes, the child can apply when your dependent spouse applies.

Re: ILR for Dependents

Posted: Wed Aug 14, 2019 11:39 am
by aby00156
CR001 wrote:
Wed Aug 14, 2019 11:37 am
Yes, the child can apply when your dependent spouse applies.
Can you please guide me to guidance for this.

Is it possible that I apply for my wife first and get her decision and then apply for my son (even if he doesnt completes his 5 years)

Re: ILR for Dependents

Posted: Wed Aug 14, 2019 11:45 am
by CR001
Yes fine, provided both parents have ILR there is no issue.

Re: ILR for Dependents

Posted: Tue Aug 20, 2019 10:22 am
by aby00156
I am in the process of applying ILR for my wife.
For this purpose, I need to send 2 years of Cohabitation Documents.

Can someone please advise what Cohabitation Documents should I send.

Re: ILR for Dependents

Posted: Tue Aug 20, 2019 10:37 am
by CR001
Page 63 and 64 in the link below explains and gives examples what documents HO expects to see for cohabitation evidence.

https://webarchive.nationalarchives.gov ... -form-flrm

Re: ILR for Dependents

Posted: Sat Sep 07, 2019 6:23 pm
by aby00156
Hi Moderators,

I have a question regarding my daughter.

My daughter was born in UK in 2016. I was on T2 Visa at that time. We had to go to India hence I had applied for T2 Dependant visa for her and had to register her as Indian Citizen.

Now I have ILR. So can I apply:
* British passport for my daughter
* OR apply for Naturalization and then British passport.

Re: ILR for Dependents

Posted: Sat Sep 07, 2019 6:40 pm
by CR001
You have to apply to register her a British on form MN1, current fee is £1012. Only adults are naturalised. Children are registered.

Once she is registered as British and you have the registration certificate, only then is she a British citizen and eligible to apply for a passport.

Re: ILR for Dependents

Posted: Thu Sep 26, 2019 12:10 pm
by aby00156
Hi Moderators,

I am currently filling the form for my Wifes SET O ILR .

My wifes immigration dates are as follows:
* Granted T1 Dependent visa on 01/10/14
* Entered UK on 01/08/2015
* Switched to T2 Dependant on 10/05/2017

Can you please advise what shall I answer to the following question in the form:
Does the period of stay on which this application was based include any leave granted since 11 January 2018?

Re: ILR for Dependents

Posted: Thu Sep 26, 2019 12:15 pm
by CR001
It would be NO as the question clearly asks if any visa or leave was applied for on or AFTER 11 January 2018!

Re: ILR for Dependents

Posted: Thu Sep 26, 2019 1:32 pm
by aby00156
Many thanks CR001

Also can you advise what shall I answer for this question
Have you previously lived in a country outside the UK including your country of birth?
I presume the answer will be NO as my wife has not lived in any other country except India and UK.

Re: ILR for Dependents

Posted: Thu Sep 26, 2019 1:37 pm
by CR001
She needs to state India as it clearly asks if she has lived anywhere else, including country of birth.

Re: ILR for Dependents

Posted: Fri Sep 27, 2019 10:41 pm
by aby00156
Hi Moderators,

While filling the SET O form for my wife's ILR, initially it asked me my details and then my wife's details. My wife is the main applicant.

After completing the form, it is asking me to sign the declaration instead of my wife. is this normal or am I doing some mistake here.

Its kind of strange that in the checklist there is only one signed declaration which is need to be signed by me but not my wife. Rest all documents in the checklist refer to my wife.