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Long residency - ILR dependant

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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arp
Newly Registered
Posts: 24
Joined: Wed Nov 19, 2008 3:55 am

Long residency - ILR dependant

Post by arp » Mon Aug 13, 2012 12:49 pm

Hope someone will be help me with following queries.

Currently I’m under the Tier 1 General visa as a dependant and My wife is the main Tier 1 General applicant. T1 will valid till October 2013.

I came to UK in September 2002 and There for I can apply for ILR under Long residence visa by end of August.

My questions are,
Can my wife and our two months old baby who was born here apply as dependant of me when I apply for ILR ?
Or
Can they switch as my dependant without leaving UK ?

Many Thanks,
ARP

khanjaan
Junior Member
Posts: 98
Joined: Fri Jan 07, 2011 4:05 pm

Re: Long residency - ILR dependant

Post by khanjaan » Mon Aug 13, 2012 2:34 pm

arp wrote:Hope someone will be help me with following queries.

Currently I’m under the Tier 1 General visa as a dependant and My wife is the main Tier 1 General applicant. T1 will valid till October 2013.

I came to UK in September 2002 and There for I can apply for ILR under Long residence visa by end of August.

My questions are,
Can my wife and our two months old baby who was born here apply as dependant of me when I apply for ILR ?
Or
Can they switch as my dependant without leaving UK ?

Many Thanks,
ARP
the thing is its very complicated nowadays because they have done that 18600 salary thing for spouse visa and extra for ilr dependants the thing with you is.
you can apply ilr under 10 year rule and for you wife and a kid it will be good if they apply for spouse visa and dependant thing .but you have to show a salary of about 21000 per annum and the other way apply for your Ilr and later apply for there visa and i think when you get ILR your kid become british and only thing will be your wife which you wont have any problem.
Best way apply ur ILR and do the rest later

arp
Newly Registered
Posts: 24
Joined: Wed Nov 19, 2008 3:55 am

Re: Long residency - ILR dependant

Post by arp » Mon Aug 13, 2012 3:32 pm

khanjaan wrote:
arp wrote:Hope someone will be help me with following queries.

Currently I’m under the Tier 1 General visa as a dependant and My wife is the main Tier 1 General applicant. T1 will valid till October 2013.

I came to UK in September 2002 and There for I can apply for ILR under Long residence visa by end of August.

My questions are,
Can my wife and our two months old baby who was born here apply as dependant of me when I apply for ILR ?
Or
Can they switch as my dependant without leaving UK ?

Many Thanks,
ARP
the thing is its very complicated nowadays because they have done that 18600 salary thing for spouse visa and extra for ilr dependants the thing with you is.
you can apply ilr under 10 year rule and for you wife and a kid it will be good if they apply for spouse visa and dependant thing .but you have to show a salary of about 21000 per annum and the other way apply for your Ilr and later apply for there visa and i think when you get ILR your kid become british and only thing will be your wife which you wont have any problem.
Best way apply ur ILR and do the rest later
Salay wont be an issue as I get more than 21K

khanjaan
Junior Member
Posts: 98
Joined: Fri Jan 07, 2011 4:05 pm

Re: Long residency - ILR dependant

Post by khanjaan » Mon Aug 13, 2012 3:57 pm

arp wrote:
khanjaan wrote:
arp wrote:Hope someone will be help me with following queries.

Currently I’m under the Tier 1 General visa as a dependant and My wife is the main Tier 1 General applicant. T1 will valid till October 2013.

I came to UK in September 2002 and There for I can apply for ILR under Long residence visa by end of August.

My questions are,
Can my wife and our two months old baby who was born here apply as dependant of me when I apply for ILR ?
Or
Can they switch as my dependant without leaving UK ?

Many Thanks,
ARP
the thing is its very complicated nowadays because they have done that 18600 salary thing for spouse visa and extra for ilr dependants the thing with you is.
you can apply ilr under 10 year rule and for you wife and a kid it will be good if they apply for spouse visa and dependant thing .but you have to show a salary of about 21000 per annum and the other way apply for your Ilr and later apply for there visa and i think when you get ILR your kid become british and only thing will be your wife which you wont have any problem.
Best way apply ur ILR and do the rest later
Salay wont be an issue as I get more than 21K
Yes than you can apply for ILR with your wife and dependant no problem it is good to go through a solicitor aswell you need to pass Life in the uk test and your wife English test ielts 4.5 minimum

Ged
Member
Posts: 188
Joined: Wed Jun 13, 2012 3:49 pm
Location: Limbo

Post by Ged » Mon Aug 13, 2012 4:36 pm

Your wife and children cannot apply with you as a dependent as there is no dependent allowance for long stay category. Detailed information on this is here;

http://www.immigrationboards.com/viewtopic.php?t=105162

However once you get your ILR, she can become your dependant using FLR application. I am afraid she needs to stay 5 years in this category before she can apply for ILR. This may very well delay the total time she needs before she can reach to ILR herself. If she is becoming eligible faster on her own capacity as a tier 1 migrant herself, she may do it on her own without becoming your dependant first. Because since she is becoming your dependant for the first time after you get your ILR, my understanding is that she will be subject to the new immigration regulations. If she had been the dependant and you had been the main tier 1 migrant, this would have been much easier, as she would be subject to the old immigration rules.

I am unsure about the child but I think as soon as you get your ILR an application for the kid can be made for citizenship directly. You may want to confirm this bit by doing your own reading.

Nobody will need to leave UK for switching their migration category as they seem to have a plenty of leave to remain left until September 2013.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Correct form for spouse

Post by vinny » Wed May 01, 2013 10:34 am

arp wrote:Can anyone assist me on this Please.

I've received my ILR on long residency and and my spouse needs to apply for ILR as my dependent.
She is currently on Tier 1 (General) category and it is valid till end of this year. I used to be as as dependent on her T1 and I completed my 10 years during that.
What is the correct form she can apply for her ILR ?

Many thanks
ARP
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed May 01, 2013 10:43 am

If she qualifies for ILR under Long residence, then she may apply for SET(LR); or

if she qualifies for ILR under Tier 1 (General), then she may apply for SET(O); or

she may apply for an extension under Tier 1 (General); or

she may switch to FLR(M). However, her qualifying period for ILR will be reset.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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