ILR Help!

[tn059304]

I entered the UK as a dependent on my mother's passport who was then give leave to remain in the UK indefinitely in 1983. Since then I have lived in the UK all my life.

Recently I have obtained my own Indian Passport and would like to know I can simply apply for a No Time Limit (NTL) stamp transfer from my mother's passport or if I have to apply for a new ILR.

Thanks,
Manpreet

[Mr Rusty]

As you must now be at least 25 years old you can't apply de novo as your mother's dependant. But you probably should have been granted ILR at the same time as your mother.
Does your mother have her old passports? Did you travel out of and back into the UK with her at any time after she was granted ILR? If so, are there embarkation (triangular) and entry date stamps where the IO has written "+ 1 U16" or something similar? This would indicate that she was travelling with a child named on her passport under the same conditions, so is proof positive that you have ILR. Perhaps your mother still has the letter granting ILR which included you?
If you don't have that evidence, your mother could lodge a freedom of information request to see exactly what is on her HO file.
The alternative is for you to apply on the grounds of long residence, but that is more complicated and would take longer.

[tn059304]

Thanks for the reply. I have traveled once on my mother passport in 1992 for a 3 month family holiday. The Delhi IO entry date stamp does include a +1 child note attached to it.

[Mr Rusty]

Well, that's a start, but all it shows is that you travelled to India with her. Is there any similar UK IO endorsement to show that you came back with her? (Otherwise she could have left you in India).

[tn059304]

Having carefully looked at the passport I can see the following:

1) The Delhi IO entry date stamp (Jan 92) includes a +1 child note attached.
2) The Delhi IO embarkation date stamp (Apr 92) includes a +1 note attached.
3) The Heathrow IO entry date stamp (Apr 92) includes a (2) note attached.

[Mr Rusty]

Good.
I assume your mother already had ILR at the time of that journey, and that you are the child named in the passport?

If so, unless you have had any prolonged absences in the meantime, you must also have had ILR, and you can apply for a NTL stamp in your new passport.

Obviously you'll have to submit your mother's passport with those endorsements, and any others that show you entered this country with her as a returning resident. Probably a covering letter with a CV showing where you went to school and what you have been doing since would be helpful, NI number as well, and ask them if there is anything else they need to decide the application. Quote your mother's HO reference if you have it.

If you put 'ntl' in the UKBA website search box it will bring up the form and guidance notes - have a careful look in case anything else is required.

By the way, you haven't acquired British citizenship in the meantime, have you? If so, you're a Brit cit., and if you already have a UK passport you won't be given any form of endorsement in your Indian one.

[tn059304]

Ok, thanks for taking the time to answer my questions and your advice, and no I have not acquired british citizenship.