ILR on long residence but spouse visa since 2021

[testingksty2010]

Dear Moderators

am having british passprt sicne 2021 and staying in UK
. My wife and children arrived in UK on sep 1 2014 and currently in UK on depenent visa(appendix fm spouse visa valid till aug 25). Both Children born in india. Currently one is 9 years old and another is 16 (2007 May born)
My family doesnt have any break of continous 180 days since then and
overal 360 days gap from aug 2014 till today ( they go for vacation in summer every year for a month).

My wife and children eligbile for ILR -> aug 2 2024 on continous long residence .
my children have plans to go back to home country for their educcation feb'24 to July'24.

couple of questions
1. if my wife gets ILR in aug 2024 on long residence , then childen will get automatically the ILR as mother and father both settled irrespecive of 6 months break for children from feb 24 to july 24
2. is ILR rules applicable for children aswell ( 540 days overall break and 180 days continuous stay) even though mother and father are settled ILR.

3.as iam british passport as soon as my wife get ILR (in aug 2), immeidatley can she apply for passport after her ILR(sep 24). ?

4. if my wife got british passport and i also britis passport, can children apply for british passport after their ILR in aug 24 immeidately ?
or Do they need to stay 1 more year(from aug 24 to aug 25) for naturalisaiton via MN1 route?

Thanks in advance
Warm regards,

[CR001]

1. if my wife gets ILR in aug 2024 on long residence , then childen will get automatically the ILR as mother and father both settled irrespecive of 6 months break for children from feb 24 to july 24

Nothing is 'automatic' for the children. They have to apply and pay for ILR.

2. is ILR rules applicable for children aswell ( 540 days overall break and 180 days continuous stay) even though mother and father are settled ILR.

For ILR based on 10 years long residence yes, the same rules apply.

3.as iam british passport as soon as my wife get ILR (in aug 2), immeidatley can she apply for passport after her ILR(sep 24). ?

She can't apply for a passport directly. She has to apply for naturalisation first and once approved and ceremony attended, then she can apply for a passport. She can apply as soon as she has ILR provided she meets all the requirements.

4. if my wife got british passport and i also britis passport, can children apply for british passport after their ILR in aug 24 immeidately ?
or Do they need to stay 1 more year(from aug 24 to aug 25) for naturalisaiton via MN1 route?

Children can apply when your wife does as long as they also have ILR. There is no 12 month period to wait for children to Register as British.

[testingksty2010]

1. if my wife gets ILR in aug 2024 on long residence , then childen will get automatically the ILR as mother and father both settled irrespecive of 6 months break for children from feb 24 to july 24

Nothing is 'automatic' for the children. They have to apply and pay for ILR.

2. is ILR rules applicable for children aswell ( 540 days overall break and 180 days continuous stay) even though mother and father are settled ILR.

For ILR based on 10 years long residence yes, the same rules apply.

3.as iam british passport as soon as my wife get ILR (in aug 2), immeidatley can she apply for passport after her ILR(sep 24). ?

She can't apply for a passport directly. She has to apply for naturalisation first and once approved and ceremony attended, then she can apply for a passport. She can apply as soon as she has ILR provided she meets all the requirements.

4. if my wife got british passport and i also britis passport, can children apply for british passport after their ILR in aug 24 immeidately ?
or Do they need to stay 1 more year(from aug 24 to aug 25) for naturalisaiton via MN1 route?

Children can apply when your wife does as long as they also have ILR. There is no 12 month period to wait for children to Register as British.

For point 1 : my question is whether children eligible for ILR or Mn1 once mother got British passport.
for example : if mother got ILR in aug 24, then children is elgilble to apply ILR though the break is outside uk for last 6 months? (from feb'24 to aug'24) . is gap doenst matter for them to apply ILR or MN1 on the basis of father British passoort and mother british passport.

actually my children has been staying since 2014 septmerb 1 , gap in between is 36o days so far and there is no 6 months break in between. but ih ave plan to send to home country from feb 24 to aug 24 to india

[CR001]

For point 1 : my question is whether children eligible for ILR or Mn1 once mother got British passport.
for example : if mother got ILR in aug 24, then children is elgilble to apply ILR though the break is outside uk for last 6 months? (from feb'24 to aug'24) . is gap doenst matter for them to apply ILR or MN1 on the basis of father British passoort and mother british passport.

They apply for ILR on from Set F. Children born abroad require ILR before they can apply for citizenship. They must apply for ILR in the UK before their current visas expire.

[testingksty2010]

For point 1 : my question is whether children eligible for ILR or Mn1 once mother got British passport.
for example : if mother got ILR in aug 24, then children is elgilble to apply ILR though the break is outside uk for last 6 months? (from feb'24 to aug'24) . is gap doenst matter for them to apply ILR or MN1 on the basis of father British passoort and mother british passport.

They apply for ILR on from Set F. Children born abroad require ILR before they can apply for citizenship. They must apply for ILR in the UK before their current visas expire.

Many thanks

My questions are below in terms of kid staying abroad

Notes :
children and wife arrived in Uk - sep 1 2014 and continously staying in UK till today
childen born in Inda - one in 2007 may and another in 2014 march
father got passport in 2021 and ILR in 2020
children and wife - currently in dependendent visa till 2025 dec
gaps for children and wife - 360 days
is any continous gap of 36o or more - NO

1. Scenario 1 : assume mother gets same day ILR on log residence (sep 2014 to aug 24) naturalisation and british passport gets dec'24 (approximate date)
currently children in UK. assume if i send children to inida from feb 24.
Once her mother receive passport say in dec 24, can children come in dec 24 and apply MN1 and passport as both mother and father are british passport holders
in this scenario kids exceed 540 days and they are not applying ILR, they appy mn1, is this
scenario correct?

2. is any immigraiton rule , no matter children have gaps or stay in any country, once mother and
father gets british passport, children can apply Mn1 and naturalisation without ILR?
here children not ILR and still on depenent visa when they are in india. but not they are exceeding
their stay in india more than 6 months let say feb 24 to dec 24.

3. is any immigration rule as such when children applying ILR they have to be in UK for past 3 months
though they fall within 540 days gap?
ex: children go from UK on feb'24 to inida and comeback in june'24 and apply irl in aug.24 in uk along with
her mother . but is any rule like last 3 months should be in UK before applying ILR.

3. kindly suggst me the correct appraoch
plans of sending kids from feb to june 2024
but to avoid risk, better they can stay continously here and apply irl in aug 2024. is it right
approach? or am taking risk sending kids from feb to june 24 and apply ILR along with mother in aug 24?

[CR001]

1. Scenario 1 : assume mother gets same day ILR on log residence (sep 2014 to aug 24) naturalisation and british passport gets dec'24 (approximate date)
currently children in UK. assume if i send children to inida from feb 24.
Once her mother receive passport say in dec 24, can children come in dec 24 and apply MN1 and passport as both mother and father are british passport holders in this scenario kids exceed 540 days and they are not applying ILR, they appy mn1, is this scenario correct?

Children need ILR first. I have already advised this. There is no absence limit for children.

2. is any immigraiton rule , no matter children have gaps or stay in any country, once mother and
father gets british passport, children can apply Mn1 and naturalisation without ILR?
here children not ILR and still on depenent visa when they are in india. but not they are exceeding
their stay in india more than 6 months let say feb 24 to dec 24.

They need ILR first before they can apply for citizenship. This was advised already.

3. is any immigration rule as such when children applying ILR they have to be in UK for past 3 months
though they fall within 540 days gap?
ex: children go from UK on feb'24 to inida and comeback in june'24 and apply irl in aug.24 in uk along with
her mother . but is any rule like last 3 months should be in UK before applying ILR.

There is no such '3 month' rule. They need to be in the UK to apply and must meet the requirements for ILR based on the form they are using.

3. kindly suggst me the correct appraoch
plans of sending kids from feb to june 2024
but to avoid risk, better they can stay continously here and apply irl in aug 2024. is it right
approach? or am taking risk sending kids from feb to june 24 and apply ILR along with mother in aug 24?

It is your choice what you choose to do. Simply look at form SET F and decide.

[testingksty2010]

1. Scenario 1 : assume mother gets same day ILR on log residence (sep 2014 to aug 24) naturalisation and british passport gets dec'24 (approximate date)
currently children in UK. assume if i send children to inida from feb 24.
Once her mother receive passport say in dec 24, can children come in dec 24 and apply MN1 and passport as both mother and father are british passport holders in this scenario kids exceed 540 days and they are not applying ILR, they appy mn1, is this scenario correct?

Children need ILR first. I have already advised this. There is no absence limit for children.

Thanks .1. It means when applying ILR on set F appliaton, abscence doenst matter is it?. Like Feb' to dec'24 if they stay in india and come in dec'24 once mother get British passport, they can apply ILR on set F route?
2. also children can apply ILR once mother gets ILR in sep 24 though the gap exceeds beyond 180 days in india like feb'24 to sep'24 on set F appliiton route? is 180 days break doenst imact their ilr on setf?

2. is any immigraiton rule , no matter children have gaps or stay in any country, once mother and
father gets british passport, children can apply Mn1 and naturalisation without ILR?
here children not ILR and still on depenent visa when they are in india. but not they are exceeding
their stay in india more than 6 months let say feb 24 to dec 24.

They need ILR first before they can apply for citizenship. This was advised already.

3. is any immigration rule as such when children applying ILR they have to be in UK for past 3 months
though they fall within 540 days gap?
ex: children go from UK on feb'24 to inida and comeback in june'24 and apply irl in aug.24 in uk along with
her mother . but is any rule like last 3 months should be in UK before applying ILR.

There is no such '3 month' rule. They need to be in the UK to apply and must meet the requirements for ILR based on the form they are using.

3. kindly suggst me the correct appraoch
plans of sending kids from feb to june 2024
but to avoid risk, better they can stay continously here and apply irl in aug 2024. is it right
approach? or am taking risk sending kids from feb to june 24 and apply ILR along with mother in aug 24?

It is your choice what you choose to do. Simply look at form SET F and decide.

[zimba]

Children do NOT have any residence requirement and therfore there is also no absence limit. They settle when both parents are settled

[testingksty2010]

As you know my children staying in UK since 9.6 years now.(since 2014 sep to till date they have been staying in uk. no gap of 180 days and total tap is 340 days). currently my 2 children and my wife in UK along with me.
i have a requiremnt to send them india in FEB for their studies for 5.5 to 6 months.
mother will be applying ilr in 2024 august as per 10 years long residence and am already british passport

(after 5 months or 5.5 months break in india, My children wil be back to UK in august'24 once my wife gets ilr
i would like to apply them on set F application or Long residence ILR ( i will ensure they come back to uk after 5/5.5months)
Is school letters mandatory for them in UK for ILR or set F?
becuase next 5/5.5 months they would be studying in india(one is A level and another one is year 5)

if uptodate chool letter mandatory i wouldnt be having in july immediaately when i apply ILR for them as school starts in september.
therefore cannot send them now to India for their studies. i need to retain them until august for ILR either in SET F or Long residence ILR. please suggest

[zimba]

As you know my children staying in UK since 9.6 years now.(since 2014 sep to till date they have been staying in uk. no gap of 180 days and total tap is 340 days). currently my 2 children and my wife in UK along with me.
i have a requiremnt to send them india in FEB for their studies for 5.5 to 6 months.
mother will be applying ilr in 2024 august as per 10 years long residence and am already british passport

(after 5 months or 5.5 months break in india, My children wil be back to UK in august'24 once my wife gets ilr
i would like to apply them on set F application or Long residence ILR ( i will ensure they come back to uk after 5/5.5months)
Is school letters mandatory for them in UK for ILR or set F?
becuase next 5/5.5 months they would be studying in india(one is A level and another one is year 5)

if uptodate chool letter mandatory i wouldnt be having in july immediaately when i apply ILR for them as school starts in september.
therefore cannot send them now to India for their studies. i need to retain them until august for ILR either in SET F or Long residence ILR. please suggest

What school letter have to do with anything ??? Children will settle when both parents settle. They do NOT need anything to show or prove. They do NOT have any residence or absence requirement as I pointed out above. If your spouse gets ILR, you can apply for their Indefinite Leave to Enter (ILE) directly from India and they can return with ILR status.

[testingksty2010]

My wife first arrived UK from India on Tier 2 ICT long term staff partner. Visa stamped on 31st July 2014. She arrived Uk on 3rd September. I was in ICT visa in UK.
I got ILR in dec 2020 and later 2021 British passport

My wife moved to spouse visa in 2021 from her ICT dependent visa
she had another extention after 30 months which is 8th nov 2023 till 2026, her current visa valid till 2026.
Complete history of her visa stamps are below is below

1. 31072014 to 08032015 - TIER2 ICT Long Term Staff partner (arrived Uk on 3rd sep 2014)
2. 09032015 to 08032016 - PBS dependent leave to remain
3. 09032016 to 20022018 - PBS dependent leave to remain
4. 21022018 to 08032019 - PBS dependent leave to remain
5. 19052021 to 19112023 - Spouse partner Leave to Remain
6. 08/11/2023 - 6th June 2026 - Spouse/partner leave to remain. currently she is in UK

Question 1 : Can she apply Long residence on Aug 7th 2024 (28 days before) on 10 years route from sep 3 2014 to Aug 7th 2024. Note : she doesn't have any absences of 540 or 180 days continuous break..yearly one month break each year.
Question 2 : is any rule on april 11 2024 stopping her to apply ILR on long residence on aug 7 2024?

New rules april 11 2024:

Appendix Long Residence includes a policy change whereby applicants must have had their current permission for one year (or have been exempt from immigration control within the 12 months immediately before their application) to qualify for settlement on this route
the Home Office has decided to reduce flexibility and potentially delay some 10 Year Long Residence ILR applications. The effect of rule LR 11.3 will be that some applicants granted permission after 11 April 2024 will find that they need to wait some months longer than the tenth anniversary of their entry to qualify for indefinite leave to remain on grounds of long residence, so that they meet the requirement of LR 11.3 to have had permission in their current visa for at least 12 months.

[zimba]

There are no changes that will effect her ILR

[testingksty2010]

There are no changes that will effect her ILR

Many thanks, Can she apply her british passport in Aug 2024 as soon as she get ILR on LONG RESIDENCE or she need to wait 1 year?
Note husband is british passport since 2021 and 3rd child also british passport since 2021

Her immigration history is below:
31/07/2014 08/03/2015 from India- PBS dependent leave to remain
09/03/2015 08/03/2016 in UK - PBS dependent leave to remain
9032016 20022018 In UK - PBS dependent leave to remain
21022018 8032019 In UK - PBS dependent leave to remain
19052021 19112023 In UK - Spouse partner Leave to Remain
8/11/2023 05/06/2026 In UK - Spouse partner Leave to Remain

[Ticktack]

There are no changes that will effect her ILR

Many thanks, Can she apply her british passport in Aug 2024 as soon as she get ILR on LONG RESIDENCE or she need to wait 1 year?
Note husband is british passport since 2021 and 3rd child also british passport since 2021

Her immigration history is below:
31/07/2014 08/03/2015 from India- PBS dependent leave to remain
09/03/2015 08/03/2016 in UK - PBS dependent leave to remain
9032016 20022018 In UK - PBS dependent leave to remain
21022018 8032019 In UK - PBS dependent leave to remain
19052021 19112023 In UK - Spouse partner Leave to Remain
8/11/2023 05/06/2026 In UK - Spouse partner Leave to Remain

Only British citizens can apply for British passport! She needs to cross the bridges of ILR, then citizenship before passport.

[zimba]

There are no changes that will effect her ILR

Many thanks, Can she apply her british passport in Aug 2024 as soon as she get ILR on LONG RESIDENCE or she need to wait 1 year?
Note husband is british passport since 2021 and 3rd child also british passport since 2021

Her immigration history is below:
31/07/2014 08/03/2015 from India- PBS dependent leave to remain
09/03/2015 08/03/2016 in UK - PBS dependent leave to remain
9032016 20022018 In UK - PBS dependent leave to remain
21022018 8032019 In UK - PBS dependent leave to remain
19052021 19112023 In UK - Spouse partner Leave to Remain
8/11/2023 05/06/2026 In UK - Spouse partner Leave to Remain

The spouse of a British citizen may apply immediately to naturalise as British after getting ILR

[vinny]

Just wondering what had prevented your wife from applying for ILR with you in 2020?

What happened between 8032019 and 19052021?

[testingksty2010]

There are no changes that will effect her ILR

Many thanks, Can she apply her british passport in Aug 2024 as soon as she get ILR on LONG RESIDENCE or she need to wait 1 year?
Note husband is british passport since 2021 and 3rd child also british passport since 2021

Her immigration history is below:
31/07/2014 08/03/2015 from India- PBS dependent leave to remain
09/03/2015 08/03/2016 in UK - PBS dependent leave to remain
9032016 20022018 In UK - PBS dependent leave to remain
21022018 8032019 In UK - PBS dependent leave to remain
19052021 19112023 In UK - Spouse partner Leave to Remain
8/11/2023 05/06/2026 In UK - Spouse partner Leave to Remain

Only British citizens can apply for British passport! She needs to cross the bridges of ILR, then citizenship before passport.

sorry. I mean naturalization as a british citizen application after her ILR immediately. Normally this application takes 3 to 4 months. after that ceremony and British passport. i know the process

here my questions is> Her ILR is due on Aug 6th 2024(on 10 year long residence - original arrival date Sep 3 2014 on PBS dependent visa to Aug 6 2024. so 28 days before is aug 6 2024) on LONG residence.
After her ILR in Aug 2024, can she apply naturalization as a British citizen application immediately OR does she need to wait for 1 year after her ILR?
why am asking is, am British passport since 2022 April and younger child also British passport.
on that basis as soon as she complete ILR on Aug. 6 2024, can she apply for naturalization as a British citizen application?

[contorted_svy]

If you are a British citizen your wife will be eligible to apply for citizenship the day she gets ILR.

[testingksty2010]

If you are a British citizen your wife will be eligible to apply for citizenship the day she gets ILR.

question 1 ; Thankyou. i was just wondering i got british pasport only on 2022 . here initial visas from 2014 o 2021 is PBS dependent visa dn 2021 to 2026 she is on spouse visa.

31072014 - 08032015 from India- PBS dependent leave to remain
09032015 - 08032016 in UK - PBS dependent leave to remain
9032016 - 20022018 In UK - PBS dependent leave to remain
21022018 - 8032019 In UK - PBS dependent leave to remain
21022018 - 8032019 In UK - PBS dependent leave to remain
09032019 - 8032021 In UK - PBS dependent leave to remain
19052021 - 19112023 In UK - Spouse partner Leave to Remain
08112023 - 05062026 In UK - Spouse partner Leave to Remain

Question 2 : My 2 children also came in the same time period above
elder daughter Dob is May 2007 and younger daughter dob is 2014 March.
currently there are in Uk and having dependent visa like mother above
On sep 4th 2024, without applying ILR, CAN i apply directly MN1(naturalisation for british citizen) for children without ILR???

a. Children completed 10 years by Sep 2nd 2024 continuously from sep 3 2014 continous residence
b Mother got ILR by Aug 10th 2014 as per long residency (2014 to 2024), father already British passport
c. One child May 2014, another child March 2014 date of birth (16 years and 10 years)
d. currently children are in UK

The links support them are below

If 6.6 Children who have lived in the UK for more than 10 years
is satisfiable, then registering under Section 3(1) is possible. i guess can be done as they not crossed 18

https://www.gov.uk/government/publicati ... bookmark55
https://www.gov.uk/government/publicati ... n-form-mn1

[contorted_svy]

It doesn't matter what route your spouse was on - once she gets ILR, as you are a British citizen and you are married, she will become eligible for citizenship the day she gets ILR.

[zimba]

The whole process is discretionary under Section 3(1) but I think they would not object to register them without ILR

[testingksty2010]

The whole process is discretionary under Section 3(1) but I think they would not object to register them without ILR

Many thanks.

Actually, we have been(along kids. kids born in uk) in the country since 2010
but 2013 to 2014, kids and my wife away due to health issues.
so 2010 to 2020 under long residence they are not eligible under long residence rule, though discretion of health issues may possible. i got ilr on long residence as i didn't away from 2013 to 2014

i didn't take risk at that time for my wife family in discretion root.
so i would like to go for 2014 onwards continuous stay without absence till 2024. Its a big money to have this many extensions in the past and now again ilr mean 6k for kids

if rule supports i can apply for them directly naturalization on completion of their 10 years like sep 4 2024. HO may consider them as am British passport and 3rd child is also British citizen who is in the country. but the problem is if they reject its waste of time of 4 months and money of 2 application fee for naturalization.


1. Is it a risk to apply without ILR if its PURE DISCRETIONARY if they reject because 2400gbp (roughly) lost and time aswell as it may take 4 months
paralley, i wouldn't want to lose 6000 pounds for 2 children by making ILR in aug 2024 and again naturalization later fee.

2. or can i wait for children citizen applicaiton until mother get citizen applicaiton + passport (may be aug to nov 2024 for citizien applicaiton and again passport) .?

Many thanks in advance

[zimba]

So are the kids born in the UK or not ???

[zimba]

@testingksty2010

I removed both of your posts as they were totally contradictory and made no sense.
Please try again and only answer the question asked without dumping the whole text from above.

I repeat that the whole process is discretionary under Section 3(1), whether the children hold ILR or not or whether the parents hold citizenship or not

[testingksty2010]

So are the kids born in the UK or not ???

@testingksty2010

I removed both of your posts as they were totally contradictory and made no sense.
Please try again and only answer the question asked without dumping the whole text from above.

I repeat that the whole process is discretionary under Section 3(1), whether the children hold ILR or not or whether the parents hold citizenship or not

sorry for any confusion. Kids born in India

which options better, kindly advise

Option 1 : WIFE - Apply ILR for wife on Aug 9th.
Apply Citizenship for british on aug 10th
Children - Along with mother application (without ILR for children), apply citizen ship on aug 10

Option 2 : WIFE - Apply ILR for wife on Aug 9th.
Apply Citizenship for british on aug 10th
Children - Apply separately citizenship (without ILR for children) on Sep 10 (reason they complete 10 years and rule section 3(1) supports

Option 3 : same as above , but children and wife apply on sep 10 for citizenship fo british
Note : in all 3 options, children not applying ILR

Thanks in advance