Immigrationboards.com

Posted: **Wed Feb 24, 2021 8:09 pm**

Hi immigration board moderators and guides,

Thank you for the support you have given over the past years in clarifying immigration queries to the visitors of this website. I am a long time lurker fist time poster on this forum. When in doubt I have always referred to guidance already given for similar situations in your forum.

I am applying for ILR via 10 year long residence route. Tier 2 ICT from March 2011 to July 2018 and switched to Tier 2 General valid until July 2021. My company is willing to extend my Tier 2 General visa if required.

My 1st son is aged 7. Born in India. Came to UK in May 2014. Has been a PBS dependant with valid leave to remain until July 2021. Can he apply for ILR via the child 7 year discretionary leave to remain or should I wait until May 2024 to apply for ILR via 10 year long residence route?

My 2nd son is aged 3. Born in UK. Has Indian passport and valid leave to remain until July 2021. Should I apply for FLR(M) along with my application or is he eligible for ILR / British citizeship after my application is successful?

My wife has been a PBS dependant since Jan 2012 but was out of the country for our first son's delivery due to some medical conditions that needed specialist care. She was out of UK from August 2013 to May 2014. Is there any route that gives her eligiblity to apply for ILR or should she apply for FLR(M) and apply for ILR in May 2024 via the 10 year long residence route?

Thanks in advance for your guidance.

Posted: **Wed Feb 24, 2021 8:19 pm**

DEEPDES wrote: ↑
Wed Feb 24, 2021 8:09 pm
My 1st son is aged 7. Born in India. Came to UK in May 2014. Has been a PBS dependant with valid leave to remain until July 2021. Can he apply for ILR via the child 7 year discretionary leave to remain or should I wait until May 2024 to apply for ILR via 10 year long residence route?

The 7 year discretionary route leads to FLR(FP), not ILR. The first child will follow the same immigration pathway as the other parent and will be eligible to apply for ILR along with the other parent.

DEEPDES wrote: ↑
Wed Feb 24, 2021 8:09 pm
My 2nd son is aged 3. Born in UK. Has Indian passport and valid leave to remain until July 2021. Should I apply for FLR(M) along with my application or is he eligible for ILR / British citizeship after my application is successful?

Eligible to register as a British citizen immediately after either one parent is granted ILR.

DEEPDES wrote: ↑
Wed Feb 24, 2021 8:09 pm
My wife has been a PBS dependant since Jan 2012 but was out of the country for our first son's delivery due to some medical conditions that needed specialist care. She was out of UK from August 2013 to May 2014. Is there any route that gives her eligiblity to apply for ILR or should she apply for FLR(M) and apply for ILR in May 2024 via the 10 year long residence route?

She'd have to apply for FLR(M) followed by ILR(LR) when she is eligible. The eldest child can apply along with her and can register to become a British citizen after they and the mother have acquired ILR (assuming that you have acquired British citizenship by then).

Posted: **Wed Feb 24, 2021 8:24 pm**

DEEPDES wrote: ↑
Wed Feb 24, 2021 8:09 pm
Hi immigration board moderators and guides,

Thank you for the support you have given over the past years in clarifying immigration queries to the visitors of this website. I am a long time lurker fist time poster on this forum. When in doubt I have always referred to guidance already given for similar situations in your forum.

I am applying for ILR via 10 year long residence route. Tier 2 ICT from March 2011 to July 2018 and switched to Tier 2 General valid until July 2021. My company is willing to extend my Tier 2 General visa if required.
As long you meet all the LR requirements, you are good to apply

My 1st son is aged 7. Born in India. Came to UK in May 2014. Has been a PBS dependant with valid leave to remain until July 2021. Can he apply for ILR via the child 7 year discretionary leave to remain or should I wait until May 2024 to apply for ILR via 10 year long residence route?
Your son will not be able to settle via the PBS route after you settle via the LR route. Also, your son born in India, can apply for ILR only when your wife does. You will have to switch your son on the family route along with your wife. And will only qualify when your wife applies for ILR

My 2nd son is aged 3. Born in UK. Has Indian passport and valid leave to remain until July 2021. Should I apply for FLR(M) along with my application or is he eligible for ILR / British citizeship after my application is successful?
Your UK born child has an entitlement to be registered as British after you have your ILR. Simple register via MN1 route then. Your son’s visa expiry is irrelevant to be registered as British. Note, he may not be covered for NHS costs after the current leave expires and till he is registered as British

My wife has been a PBS dependant since Jan 2012 but was out of the country for our first son's delivery due to some medical conditions that needed specialist care. She was out of UK from August 2013 to May 2014. Is there any route that gives her eligiblity to apply for ILR or should she apply for FLR(M) and apply for ILR in May 2024 via the 10 year long residence route?
She can settle via the family route or LR (whichever comes first, if she meets the LR residence requirements looks like she can apply via LR in 2024 and 2026 via family route). Switching on FLR(M) will reset the ILR clock for 5 year route.

Thanks in advance for your guidance.

PS: Overtaken by @Secret.Simon

Posted: **Thu Feb 25, 2021 10:43 am**

Than you for your quick response @secret.simon and @cullinan.

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