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GTV to ILR 18+ Dependents

Posted: Mon Jun 13, 2022 10:48 am
by shan1403
Hello Everyone,

First of all, I wanted to thank this forum and everyone here, especially the moderators, who have helped me during the visa and ILR process from the beginning.

Secondly, here is my case right now.

I have received my ILR while on GTV Visa and had an endorsement from the Royal Society (3 years route). My wife (on a separate GTV visa) will be applying for ILR (3 years route) in 12/2022. Our children are on GTV-dependent visas (on my GTV-dependent visa valid until 12/2024, but now I have ILR) and one of them will be 18 on 01/2023.

I have the following questions and will highly appreciate it if any moderator or member can answer these questions:
  • My children have to spend 5 years for ILR or they can apply early as one (or both) of their parents will have ILR?
  • What will happen to the children over 18 years of age?
  • Can I or my spouse apply for citizenship one year after the ILR? Or do we have to wait until we complete 5 years in the kingdom?
  • If I and my spouse will be on ILR, is this going to shift our children to 10 years route for ILR/Citizenship? They are on GTV-dependent visas now.
Appreciate a prompt reply as I always receive from this forum.

Thanks again.
:D :D

Re: GTV to ILR 18+ Dependents

Posted: Mon Jun 13, 2022 11:26 am
by vinny
shan1403 wrote:
Mon Jun 13, 2022 10:48 am
My children have to spend 5 years for ILR or they can apply early as one (or both) of their parents will have ILR?
Can apply when both parents have ILR, under GT 27.3.
shan1403 wrote:
Mon Jun 13, 2022 10:48 am
What will happen to the children over 18 years of age?
They have to satisfy English and KoL, under GT 32.1.-GT 33.1., etc.
shan1403 wrote:
Mon Jun 13, 2022 10:48 am
Can I or my spouse apply for citizenship one year after the ILR? Or do we have to wait until we complete 5 years in the kingdom?
Wait until complete 5 years in the kingdom.
shan1403 wrote:
Mon Jun 13, 2022 10:48 am
If I and my spouse will be on ILR, is this going to shift our children to 10 years route for ILR/Citizenship? They are on GTV-dependent visas now.
No.

Re: GTV to ILR 18+ Dependents

Posted: Mon Jun 13, 2022 1:28 pm
by shan1403
Hi Vinny,

Thank you for the prompt reply. Could you please give me any reference to the citizenship rule that I cannot apply for citizenship before 5 years?

This is rather absurd to know that one cannot apply for citizenship before 5 years when the Home Office is encouraging early ILR based on the endorsement.

Thanks again and appreciate it if you could provide further advice?

Best regards.

Re: GTV to ILR 18+ Dependents

Posted: Mon Jun 13, 2022 2:18 pm
by vinny
Naturalisation is subject to Section 6. Section 6(1) requires at least 5 years’ UK residence. You are ineligible under Section 6(2).