Long Residence ILR and ICT dependents

[shreyasmg]

Hi

Our family's current visa situation is as follows:

Myself: Main applicant on Tier 2 ICT since 30 August 2010. Current leave to remain is until 16 Sept 2021. Planning to apply for ILR via Long Residence Route around August 2020.

My Spouse: Arrived in the UK on 28 Jan 2012 as a dependent and has been in this category ever since. Current leave to remain is until 16 Sept 2021.

My Son: Was born in India in Mar 2017 and came to UK as a dependent on Sept 2017 and has been in this category ever since. Current leave to remain is until 16 Sept 2021.

The questions I have are:

1. I am assuming that my dependents (spouse and child) cannot apply for ILR with me in August 2020. Please confirm?

2. If my dependents are not eligible to apply with me in August 2020,

a). Will I have to apply for FLR(M) for both dependents? If so, can I apply at the same time as I apply for ILR?

b). When is the earliest my dependents can apply for ILR and under which route? FLR(M) route or 10 Year Long Term Residence route (for my spouse)?

Many thanks in advance.

Best Regards
Shreyas

[CR001]

1. I am assuming that my dependents (spouse and child) cannot apply for ILR with me in August 2020. Please confirm?

No they cannot.

2. If my dependents are not eligible to apply with me in August 2020,

a). Will I have to apply for FLR(M) for both dependents? If so, can I apply at the same time as I apply for ILR?

b). When is the earliest my dependents can apply for ILR and under which route? FLR(M) route or 10 Year Long Term Residence route (for my spouse)?

2a. Yes and yes. However, if your ILR fails, their FLR(M) will also fail and you lose the visa fees paid.
2b. 5 years on FLR(M) or 10 years ILR if your spouse reaches that first AND meets the requirements. Child can apply for ILR once your spouse has ILR and you will use form SET(F) for the child.

[shreyasmg]

Thanks for the prompt response Char!

I have a further couple of questions please:
1. My spouse has an absence of around 270 days between 18-Dec-16 and 13-Sep-17 to give birth in India. Can this absence be split between two qualifying years depending on when the 10 Year ILR is applied?

2. Does the fact that she arrived in UK before July 2012, when the 5 year rules came in to play, make any difference while calculating the above absence?

Many thanks.

[CR001]

1. My spouse has an absence of around 270 days between 18-Dec-16 and 13-Sep-17 to give birth in India. Can this absence be split between two qualifying years depending on when the 10 Year ILR is applied?

No, not for ILR based on long residence. Her continuity of residence is broken if there is ANY absence of 180 days or more. Pregnancy is not considered exceptionally compassionate reasons for not meeting the requirements.

2. Does the fact that she arrived in UK before July 2012, when the 5 year rules came in to play, make any difference while calculating the above absence?

No. ILR based on long residence rules have not changed and has never had the option of splitting absence into two years. You are confusing this allowance for ILR based on Tier 2. 180 days absence breaks continuity of residence and makes her ineligible for long residence ILR.

So in her case, she will need 5 years on FLR(M), 2 x 2.5 year visas before she can apply for ILR. Same for your child. Current visa fee is £1033 plus £1000 IHS for each applicant.

You also have to prove you meet the financial requirement of £22,400pa and your spouse needs English A1.

[shreyasmg]

Thanks again for the prompt response and details on the fees.

Further few questions please:

1. Are the fees stated above for an application via post? Is there an additional fee for in-person application? If so, how much?

2. On a different topic, once I get my ILR, can my son access the 30 hour/week childcare? Does it reflect 'Access to public funds'?

Thank you.