10 yrs ILR

[ikki]

Please somebody kindly give me assistance for my situation, thanks!

I've been in the UK for over 9 continual years. I came here sep 1997 as a student but i was in the Irelane dublin during sep 1996 to sep 1997 then came to th uk. am i entitled to apply for ILR under 10 year rule now or wait some more months? In addition, i have come to UK as a visitor in May 1996 but only for a month then went back to the Dublin, any concession?

Any suggestions would be greatly appreciated.

[John]

Do appreciate that Dublin is in the Irish Republic, and that is certainly not part of the UK.

Based upon what you post I think you can apply no earlier than 28 days before the 10th anniversary of your arrival in September 1997.

[ikki]

thank you.

[ikki]

I have a another query regarding my daughter visa and fee who born in the UK in last June as I am on the work permit now and would apply for ILR on 10 yrs basis in Sep 2007. My wife and Duaghter might go to home country in january for a month. plesae advice me? thank!

[John]

There are actually a couple of issues here. Firstly if your daughter is going to leave the UK, well she will need a visa in her passport in order to get back into the UK. Use form FLR(O) in order to apply for that visa. How to fill in that form? As if the child was personally holding the pen! Taking that on board helps with answering questions such as "Are you married?"! The only exception is that a parent needs to sign the form using their usual signature. Given the intended journey in January you might want to apply for the child's visa in person at a PEO ... same-day service ..... cost £500 ... rather than using the postal route ... cost £335 .... and wondering whether her passport will came back in time. It probably would, but can you take the risk? Maybe better to pay the extra £165 and stop the worry.

Given that you are going to be making an ILR under the 10-year provision, your family will not get ILR at the same time. Your wife ... how long has she been in the UK? If she came to the UK at the same time as you then she should make her own 10-year application. If she will have been in the UK for less than 10 years then after you have got your ILR, and are then deemed to be "settled" in the UK, an application should be made by her for a 2-year spouse visa, using form FLR(M). Your child can be included on the same form FLR(M). That is, your wife and child(ren) will all end up with 2-year visas, and near the end of that 2-year period applications can be made by them for their own ILR.

Also take on board that once you have your ILR you child(ren) born in the UK can be Registered as British. It seems strange but such child(ren) will end up as British before either of their parents.

[ikki]

Thank you for your advised. well my wife came 2 years ago as a dependent.

for 10 yrs consession, what documents I need to support my application. I would appreciate your advise.

[John]

In order for you to apply for your ILR you will need to submit a form SET(O). Download that and have a good read.

Basically you need to prove that at all times when in the UK during the 10 year period you have been "legal" in the UK. Do you have all your passports covering the whole 10 year period? (As explained on the form you can actually apply up to 28 days before the completion of the 10 year period.)

Given your wife has been in the UK only a couple of years, after you have your ILR she should apply for a 2-year spouse visa using form FLR(M). She can include your child(ren) on that form FLR(M) at no extra cost, so might as well do so even though you might apply for the born-in-the-UK child(ren)'s Registration as British soon after you get your ILR.

[ikki]

Thank you! I have learned so much from your advised so far. Well, I do have all previous and current passport along with all visa and stamps. I was student almost 7 yrs and now on WP, no visa gap! Can u guide me that I was in the Europe over 10 yrs now including my 1 yr in Ireland (Dublin) and 9 yrs in the UK, is there any consession for ILR?

2- IS there any extra fee for my wife visa SET(M) as u said?

[John]

1. No concession .... you will be making an application under UK immigration rules ... time in the rest of the EU is irrelevant
2. Fee of £335 (by post) or £500 (in person at a PEO) payable by you .... and exactly the same payable on making your wife's application.

Do appreciate that those £335 and £500 amounts are the currently known figures. No guarantee they will be the same when the applications are made next year.

[ikki]

Thank you. I really apprecite your advised.