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ILR / ILE Application from India

Posted: Sun May 22, 2022 7:58 am
by singhsss
Hi,

My daughter is born in India. I need to apply her ILE (Indefinate Leave to Enter) OR ILR (Indefinate leave to Remain). Based on my previous post I learn that I need to apply one of these.

Does anyone know if this is an online application? If yes, what the link for ILE

Documentation list
https://www.gov.uk/uk-family-visa/provide-information

Notes
1) I have British Nationality by naturalization. Daughter was born before naturlaization. My wife is on ILR.
2) Using this link, it says to apply for free family permit- https://www.gov.uk/check-uk-visa/y/india/family/yes https://ibb.co/vVbPtqL

little lost with free family permit :(

pls guide.

Re: ILR / ILE Application from India

Posted: Sun May 22, 2022 9:04 am
by vinny
A family permit facilitates entry for eligible applicants under the EU settlement scheme.

https://www.gov.uk/check-uk-visa/y/india/family/yes https://ibb.co/vVbPtq
Your close family member must both:
  • be a citizen of an EU country, Switzerland, Norway, Iceland or Liechtenstein
  • have been living in the UK before 1 January 2021
A ‘benefit’ of Brexit is that it took the ‘UK’ out of the ‘EU’. Perhaps it will eventually take the ‘U’ out of the ‘UK’ as well?

Use this form instead.

Re: ILR / ILE Application from India

Posted: Sun May 22, 2022 11:40 am
by JB007
vinny wrote:
Sun May 22, 2022 9:04 am
Perhaps it will eventually take the ‘U’ out of the ‘UK’ as well?
Really :shock: A 6 year old article written straight after the UK voted to leave the EU and end free movement to the UK.

Re: ILR / ILE Application from India

Posted: Sun May 22, 2022 12:38 pm
by singhsss
thanks @vinny for the quick response.

Hopefully last one before I start filling out forms ( double checking :) )

In my case since - Im british citizen, wife is on ILR and child was born before i got ILR I should selected first category?
"Non-British child of a parent granted or currently applying for permission to enter and stay in the UK, as the parent of a child who is a British citizen, settled in the UK, or in the UK with pre-settled status under the EU Settlement Scheme."

You can apply on this form if you are joining or accompanying a parent who is either:

a British citizen
settled in the UK
currently applying for permission to be in the UK as a parent or partner or was given permission to be in the UK on or after 9 July 2012 as a parent or partner
As part of your application you must also download, complete and provide the 'Appendix 2 of VAF4A: financial requirements' form. You will be told to submit this after you complete your application.

Read the guidance for more information.


other images ...

Re: ILR / ILE Application from India

Posted: Sun May 22, 2022 1:11 pm
by vinny
JB007 wrote:
Sun May 22, 2022 11:40 am
vinny wrote:
Sun May 22, 2022 9:04 am
Perhaps it will eventually take the ‘U’ out of the ‘UK’ as well?
Really :shock: A 6 year old article written straight after the UK voted to leave the EU and end free movement to the UK.
That was just to highlight that some people knew of the possibility from the start.

There are also more recent opinions.
Will Brexit break up the United Kingdom?
The possible break-up of the United Kingdom

Will it happen in 2024?

Re: ILR / ILE Application from India

Posted: Sun May 22, 2022 1:14 pm
by vinny
singhsss wrote:
Sun May 22, 2022 12:38 pm
thanks @vinny for the quick response.

Hopefully last one before I start filling out forms ( double checking :) )

In my case since - Im british citizen, wife is on ILR and child was born before i got ILR I should selected first category?
"Non-British child of a parent granted or currently applying for permission to enter and stay in the UK, as the parent of a child who is a British citizen, settled in the UK, or in the UK with pre-settled status under the EU Settlement Scheme."

You can apply on this form if you are joining or accompanying a parent who is either:

a British citizen
settled in the UK
currently applying for permission to be in the UK as a parent or partner or was given permission to be in the UK on or after 9 July 2012 as a parent or partner
As part of your application you must also download, complete and provide the 'Appendix 2 of VAF4A: financial requirements' form. You will be told to submit this after you complete your application.

Read the guidance for more information.


other images ...
I think you should choose an option that excludes Appendix 2 of VAF4A because it’s not applicable under the rules for the child in your circumstances.

Re: ILR / ILE Application from India

Posted: Thu May 26, 2022 2:56 pm
by singhsss
Thanks Vinny

I called up the immigration help line
they asked me to fill option 2 - on the image https://ibb.co/HBWSPD8
and they say that fin requirement is there for a child - which sounds very odd...
'Appendix 2 of VAF4A: financial requirements'

Any help is highly appreciated from community. thanks

Re: ILR / ILE Application from India

Posted: Fri May 27, 2022 9:43 am
by vinny
If you call again, then you may get a different answer!

Perhaps a more knowledgeable ECO or caseworker may ask you for more relevant information related to the appropriate rules, if you choose a wrong form?

Or hopefully, if you satisfy the unnecessary higher financial requirements under Appendix FM, then they may infer that you satisfied the lower adequate maintenance requirements under Part 8.

Moreover, note that there are no provisions to grant a child ILE under Appendix FM.

Re: ILR / ILE Application from India

Posted: Mon May 30, 2022 5:17 pm
by singhsss
Thanks Vinny. I am not sure to thank you for clearning doubts or add more uncertinity :)

As predicted - they changed their statement on my next call...
I'm really looking forward to start the application in next couple of days...

These are options i got as I followed the link
Step 1-
Find and apply for other visas from outside the UK
Use this tool if you are a non-UK national and you want to find and apply for other visas from outside the UK.
Find out what you need to do to apply for a visa
How we use your data
The Home Office will use the personal information you provide to consider your application. We may also share your information with other public and private sector organisations in the UK and overseas. For more detail please see the Privacy Notice for the Border, Immigration and Citizenship system. This also sets out your rights under the Data Protection Act 2018 and explains how you can access your personal information and complain if you have concerns about how we are using it.
Start
Step 2-
Select a visa category
You will be shown more information once you select a category, click 'Next' and enter the country you are applying from.
Join or accompany a family member, who either is already in or will be travelling to the UK, the Channel Islands or the Isle of Man (and you cannot apply on any other form)
Apply as the family member of someone who is part of one of the following categories:
• work (non points-based)
• armed forces
• exempt from immigration control
• study
• settled in the UK
• British citizen
• has limited leave to enter or remain in the UK
• other
If you are a dependant of someone who is applying for, or already has a points-based work visa, you should apply here.
Armed forces subject to immigration control and dependants, relevant civilian employees, former member of UK armed forces (HM forces) or a bereaved family member of certain armed forces
Other work visas for the UK (non points-based working visas)
Visit, study, work or settle in certain British Crown dependencies, Commonwealth countries or British overseas territories
Return to the UK after you were removed, deported or left the UK and have won an appeal against an immigration decision made by the Home Office
STEP 3-
Select a visa subcategory
You will be shown more information once you select a subcategory, click 'Next' and enter the country you are applying from.
Your family member may already have (or is currently applying for) permission to be in the UK. Select the category most relevant to the family member you are joining or accompanying.
Your family member is:
Exempt from UK immigration control
Working in the UK, the Channel Islands or the Isle of Man
Studying in the UK, the Channel Islands or the Isle of Man
In the UK with refugee leave or with humanitarian protection
A current or former member of UK armed forces (HM forces)
A British citizen, settled in the UK or in the UK for another reason

Visa types
1) Non-British child of a parent who has permission to be in the UK as a partner or spouse of a British citizen or person settled in the UK granted permission under the Rules in place before 9 July 2012
Find out your eligibility
You can apply on this form if you are joining or accompanying a parent who was given permission to be in the UK before 9 July 2012 and is either:
• a British citizen
• settled in the UK
• has limited leave to enter or remain as a partner or parent
As part of your application you must also download, complete and provide the 'Appendix 1 (VAF4A July 2012)'. You will be told to submit this after you complete your application.

2) Non-British child of a parent granted or currently applying for permission to enter and stay in the UK, as the parent of a child who is a British citizen, settled in the UK, or in the UK with pre-settled status under the EU Settlement Scheme.
You can apply on this form if you are joining or accompanying a parent who is either:
• a British citizen
• settled in the UK
• currently applying for permission to be in the UK as a parent or partner or was given permission to be in the UK on or after 9 July 2012 as a parent or partner
As part of your application you must also download, complete and provide the 'Appendix 2 of VAF4A: financial requirements' form. You will be told to submit this after you complete your application.

3) Parent of a child under the age of 18 who is a British citizen, settled in the UK, or in the UK with pre-settled status under the EU Settlement Scheme.
4) Adult dependant relative
Visa tpyes
I cannot choose option 1 because I came to uk in 2014

Please - i'm not sure how to processed here... its very confusing now...
do I also need to pay health surcharge for my daughter?

Re: ILR / ILE Application from India

Posted: Tue May 31, 2022 3:29 am
by vinny
Very strange. I ended up with a different visa type option:
Non-British child of a parent who has permission to be in the UK as a partner or spouse of a British citizen or person settled in the UK granted permission under the Rules in place before 9 July 2012

Non-British child of a parent, parents or relative who are British citizens or settled in the UK

Non-British child of a relative who has limited leave in the UK as a refugee or receiving humanitarian protection

Non-British adopted child or child for adoption in the UK of a parent or parents who are British citizens or settled in the UK.
Perhaps the next best thing is to also submit the Appendix 1 paper form and quote the appropriate rules?

Re: ILR / ILE Application from India

Posted: Thu Jun 02, 2022 11:33 pm
by singhsss
Thanks Vinny.
At the end of application its showing me to pay NHS Health Surcharge. While on IHS website its ays
"Who needs to pay
You usually need to pay the healthcare surcharge if you’re applying for a visa or immigration application:

for more than 6 months, if you’re applying outside the UK
for any length of time, if you’re applying inside the UK
You do not need to pay if you’re applying for a visitor visa or to remain in the UK permanently."

So in my case I shouldn't be paying ... why is it asking to pay... any idea.

In this forum is there any solictor links ( who could do all this for me: Padi service) - Its confusing as hell now.

Re: ILR / ILE Application from India

Posted: Sat Jun 04, 2022 5:43 am
by vinny
They should refund IHS paid for ILE applicants.

Find an immigration adviser.