When can I eligible for ILR?

[vc5282]

Hi,

I lived in Uk for 4 years as my husband's dependent. Currently I am living in India since 1 and half year. My husband got his ILR last year and now I am planning to come back to UK so when can I get my ILR? Or when should we apply for my ILR?

[Lucapooka]

Do you have a current entry clearance (visa) as a dependent of a migrant worker or student?

[vc5282]

No, my dependent visa got expire last year. My baby girl born in UK in 2009. My husband got his ILR last year. So is my child eligible for British Citizen? And if yes so what will be my status?

[Lucapooka]

You need to apply for a spouse settlement visa. It will be granted for 30 months and then you may extend for a further 30 months. After five years you will be eligible for ILR. Your previous time spent in the UK will not be considered or aggregated into this mandatory five year residence requirement.

[vc5282]

Then what about my child? Is she eligible for British Citizen as she born there?

[Lucapooka]

Yes. You will have to apply to register her first. Recent changes have meant that registration can only be submitted in the UK rather than at the British mission. You will have to send the application to Liverpool.

http://www.bia.homeoffice.gov.uk/britis ... ndtheform/

[vc5282]

But what will happen if by chance my husband decided not to live with me. What will happen with my child as she is citizen but I am on dependent visa? This so confusing. Even though my child is BC I have to take her back because my of my visa status?

[Lucapooka]

If you are saying that you are no longer in a relationship with your partner you can't apply for settlement as a partner. I do wish posters would not waste our time by not being straight from the outset?

If the child were living in the UK you could apply for family life as a parent.

http://www.ukba.homeoffice.gov.uk/polic ... -a-parent/

[vc5282]

I am sorry if I have wasted your time but my situation is very confusing. I lived with my husband in UK for 4 years and gave birth to a girl in UK. My husband sent me to India forcefully and I am living with my child in India since 1and half year. My depedent visa got expired last year and my husband got his ILR same year. Now he wants to call us back in UK but I want to make sure what happend in past will not happen again with me as in all this matters my child is suffering. She is not setlling in India and remains very unhealthy all the time. My doctors advised me to take her back as she is experiencing extreme ellergies and weather shoke. I am ready to come back just for my child. So I am just asking what can be done if anything happens to our relations. Sorry again if I have wasted your time....