Children ILR application

[Mohamed Ahmed]

My husband will apply for ILR 9-2023
(5 years Tier 2 Visa).
Children from 1-9-2019 to 1-9-2023 are on
Tier 2 Dependent Visa On their father's visa
The children are currently residing with me in Egypt not in the UK to take care of my sick mother (we will be visiting UK 3-4 months per year)
we intend to move to reside with the father permenantly from the month of 7-2023
Are children entitled to apply for ILR with their father? despite me not having ILR??

Thanks a lot

[Mohamed Ahmed]

Hi
Further to the above post
Children are less than 18 on time of application
Older will be 12ys and 6 months on time of application
Younger will be 11 years on time of application

[CULLINAN]

What is your own visa? When did you get your initial visa? Where are your kids born?

[Mohamed Ahmed]

What is your own visa? Tier 2 Dependent started on 14 August 2019.
My Husband on Tier 2 Visa started on 21 August 2018.
The children are on Tier 2 dependent Visa entry on 14 August 2019.

Where are your kids born?
Kids are born outside UK

[CULLINAN]

Your kids are born outside UK so they will follow the same path as you will for ILR i.e. follow the path of the less privileged parent (in immigration terms).

You have to complete 5 years continuous residence in UK and can not be outside UK for more than 180 days on rolling basis at any time of the year. Whenever you will break the continuous residence, your ILR clock will reset to zero.

Although, your kids do not have any residence requirements, but they can only apply for ILR when you do. And for yourself to be eligible for ILR, you will have to fulfil the requirements like residence including other visa specific requirements.

[Mohamed Ahmed]

Thanks a lot
It is clear now
Although I thought the can apply as dependent children for a visa holder who has settled in UK which as per guides below quoted from UKBA Website does not mention any thing about the other partner

You can apply as the partner or child of a tier 1, 2 or 5 visa-holder who has settled in the UK.

Eligibility for partners:
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.
You must also have been living with your partner in the UK for at least 5 years.

Eligibility for children under 18
Your child must be under 18 and they:

have permission to be in the UK as the child dependent of other parent and is settled with a work visa)
are going to live with you and your partner and be supported by you without using public funds
are not married, in a civil partnership or living an independent life
are not working full-time

[zimba]

UKBA does not exist. It was disbanded in 2013. The Gov website only provides minimal information. You need to follow the immigration rules. Children born outside the UK to immigrant parents, cannot settle in the UK unless both parents settle or are already settled. The exceptions are when one parent is dead or one parent has the sole responsibility of the child.

Paragraph 319J Paragraph SW 39.4 https://www.gov.uk/guidance/immigration ... led-worker

[Mohamed Ahmed]

Thanks a lot
May I ask another question
My husband 1st Tier 2 Visa dated 24/08/2018, 1st day in UK was 31/08/2018.

He will apply for ILR starting from 27-07-2023
Is that Correct (4 weeks earlier than date entry visa)??

May I ask will the ILR dates from 27-07-2023 or 24-08-2023 (if applied priority service)??

What happens if he finishes his employment contract beginning August 2023??

Thanks a lot

[zimba]

ILR qualifying period counts from visa issue date. 28 days from completing the 5 years is when you can apply for ILR or book your appointment

[vinny]

UKBA does not exist. It was disbanded in 2013. The Gov website only provides minimal information. You need to follow the immigration rules. Children born outside the UK to immigrant parents, cannot settle in the UK unless both parents settle or are already settled. The exceptions are when one parent is dead or one parent has the sole responsibility of the child.

Paragraph 319J https://www.gov.uk/guidance/immigration ... ly-members

See also changes.

For Skilled workers’ dependant children, I think SW 39.4., etc., currently apply.

I think 319J currently apply to Children of relevant points-based system migrants or Appendix W Worker, where

319AA.

(a) Relevant Points Based System migrant means a T1 (Entrepreneur) or T1 (Investor)

[zimba]

If you hold a PBS dependant visa, why would you be considered a Skilled Worker dependant ??

[Mohamed Ahmed]

Sorry
About confused
I am currently on Tier 2 Dependent visa (My husband works for NHS on General Tier 2 Visa)
Is that different from Skilled dependent visa??

[vinny]

If you hold a PBS dependant visa, why would you be considered a Skilled Worker dependant ??

I think because 319AA.

(a) Relevant Points Based System migrant means a T1 (Entrepreneur) or T1 (Investor)

changed the interpretation of a Relevant Points Based System migrant.

319A. Purpose

This route is for the spouse, civil partner, unmarried or same-sex partner of a Relevant Points Based System Migrant or Appendix W Worker (Partner of a Relevant Points Based System Migrant or Appendix W Worker). Paragraphs 277 to 280 of these Rules apply to spouses or civil partners of Relevant Points Based System Migrant or Appendix W Worker; paragraph 277 of these Rules applies to civil partners of Relevant Points Based System Migrant or Appendix W Worker; and paragraph 295AA of these Rules applies to unmarried and same-sex partners of Relevant Points Based System Migrant or Appendix W Worker.

and

319F. Purpose

This route is for the children of a Relevant Points Based System Migrant or Appendix W Worker who are under the age of 18 when they apply to enter under this route. Paragraph 296 of these Rules applies to children of a Relevant Points Based System Migrants or Appendix W Workers.

Crazy?

[Mohamed Ahmed]

Hi
Further to the above rules
What sort of entry visa my children below 18 years will get as dependent on Settled parent (their parent settled after 5 years tier 2 General visa) if my self (the children mother) is not settled in UK and not eligible to apply being outside Uk more than 180 days in consecutive 12 months.

(The children spent 5 years dependent on my husband tier 2 visa).

[vinny]

If they don’t satisfy the requirements for entry clearance as a Skilled worker’s dependants, then they may apply under Appendix FM. This will reset their qualifying period for ILR.
If wife’s continuous residence is broken, then her qualifying period for ILR may also reset.
Children may be unlikely to be eligible for ILR before both parents are eligible.

[Mohamed Ahmed]

Hi

If Me and my children (less than 18 years) got ILR Sept 2024, and my husband got it on Sept 2023 and will be applying for Citizenship Sept 2024.

On sept 2024 can he include the 2 children for citzenship application on the same time??

When Can I apply for Citzenship as spouse of British Citzen??

My husband have Tier 2 visa
We are on Tier 2 Dependent Visa

Thanks a lot

[vinny]

Hi

If Me and my children (less than 18 years) got ILR Sept 2024, and my husband got it on Sept 2023 and will be applying for Citizenship Sept 2024.

On sept 2024 can he include the 2 children for citzenship application on the same time??

Yes.

When Can I apply for Citzenship as spouse of British Citzen??

After he’s British.

[Mohamed Ahmed]

Thanks a lot
In that case I do not have to wait for 12 months after getting ILR and can apply for Citizenship Immediately after my husband gets it.

Thanks so much

[Mohamed Ahmed]

Hi,

A bit confused how they calculate the absence requirements for ILR

Me and 2 children are on Tier 2 dependent Visa
Entered UK first time 24/08/2019 (entry visa 14/08).

My understanding will be eligible for ILR application 23/08/2024 (5 years continuous residence)

I spent the following outside UK:

1-16/12/2019 to 07/01/2020 (16 Dec was departure date and 07 Jan was return date) (21 days without departure and return dates).

2-25/07/2020 to 06/09/2020 (25 July was departure date and 06 September was return date) (42 days without departure and return dates).

3-25/07/2020 (Still out side the UK) up till 28/02/2021 will be 138 days outside Uk in Egypt

When is the latest date I can come back without breaking the 5 years continuous absence requirements, will that be based on my calculation 28/02/2021 as arrival date??

[zimba]

indefinite-leave-to-remain/180-days-abs ... l#p1990863

[Mohamed Ahmed]

Thanks for reply

Does arrival dates and departure dates counted towards 180 days absence from UK (if part of these days were inside UK??).

[zimba]

Thanks for reply

Does arrival dates and departure dates counted towards 180 days absence from UK (if part of these days were inside UK??).

No. ONLY full days count

[Mohamed Ahmed]

Hi

Could you please help me answering this question, that will help us as a family to make our plans.

Suppose my husband is a British citizen, and he will not be working inside Uk after getting Citizenship.

In case me the wife and the children can not get ILR or citizenship as difficulty of maintaining absence from UK within 180 days limits

Am I allowed me as his wife and the 2 children to apply for a family visa to be in the UK (we do have our own house in the UK but My husband at that time will be working but outside UK.

Is the family visa requires the partner or father of children to be working in the country and receiving salary in order to allow for us to get family visa??

If children can get the family visa, would they be allowed to go to school and receive health care if needed

Sorry if it looks confusing
But about worries that we won’t be able to be in the country later unless husband stays and work in UK forever

[zimba]

Family visa has cohabitation and income requirements. Children will be able to go to school and use NHS as normal (IHS fees are collected for this)

[Mohamed Ahmed]

Hi

Is there any excuse for my family (Wife and 2 Children) who spent 183 days out side UK in the first consecutive 12 months?? To grant ILR after completing 5 years

Thanks