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ILR application for myself & UK born baby

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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swordfish20000
Newbie
Posts: 30
Joined: Fri Mar 16, 2012 9:28 am
Location: london

ILR application for myself & UK born baby

Post by swordfish20000 » Wed Jan 02, 2013 11:57 pm

Hello everyone..

I am applying for ILR on basis of
WP 08Feb 2008 - till 06 June2009
Tier1 06 June 2009 - 06 June 2014

The query is - I am applying for myself and 1 dependant UK born baby. My wife is on seperate Tier 1 visa and is not eligible yet for ILR.

Is is possible for me and my baby to get ILR without the wife getting it now.?????

Thanks for your help....

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Thu Jan 03, 2013 9:27 am

why do you see the need for your UK born child to apply for ILR?
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

swordfish20000
Newbie
Posts: 30
Joined: Fri Mar 16, 2012 9:28 am
Location: london

Post by swordfish20000 » Thu Jan 03, 2013 10:48 pm

wpilr_nov12 wrote:why do you see the need for your UK born child to apply for ILR?

HI,

i understand that we can directly apply for British Citizen for our UK born baby once I have my ILR approved.

But as we need to travel next month - we have applied for indian passport and hence applying for ILR for baby.


PLEASE Seniors- suggest me whether I can apply for ILR for my baby , even if my wife is not applying for ILR with us.

Is there any rule which can say that HO cannot give ILR to baby unless both parents are applying at the same time.

Do they require a no objection letter from my wife or a letter from spouse confirming that she approves to the child being brought in line with you

Please advise as I have booked my appointment for 14 Jan

Thanks for your help

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Thu Jan 03, 2013 11:41 pm

Per para 308 of Immigration Rules, yes, as it does not state a requirement for Both parents to be of or applying for Settled status.

http://www.ukba.homeoffice.gov.uk/polic ... /children/

But I am no good at deciphering these.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

swordfish20000
Newbie
Posts: 30
Joined: Fri Mar 16, 2012 9:28 am
Location: london

Gurus - PLease help

Post by swordfish20000 » Fri Jan 04, 2013 9:31 am

wpilr_nov12 wrote:Per para 308 of Immigration Rules, yes, as it does not state a requirement for Both parents to be of or applying for Settled status.

http://www.ukba.homeoffice.gov.uk/polic ... /children/

But I am no good at deciphering these.
Thanks a lot for above link. I am still not clear on this.

SENIORS - please help. Has any one had similar experience.

Can ILR be given to UK Born baby on the basis of only one parent being settled.

Thanks for your help

[iD]
Senior Member
Posts: 857
Joined: Sat Sep 29, 2007 1:36 am

Post by [iD] » Sat Jan 05, 2013 5:48 am

You can include your baby on your SET O form.
Make sure you send a NOC from your wife as to apply visa for your child you need a letter from your wife stating that she has no objections over your child applying for Visa/ILR
Goodluck.

swordfish20000
Newbie
Posts: 30
Joined: Fri Mar 16, 2012 9:28 am
Location: london

Post by swordfish20000 » Mon Jan 07, 2013 5:40 pm

Thanks a lot Sage..... for confirming the same.

I have drafted the letter - and also I have booked a PEO appointment and My wife would be with me so hope this would help as well.

One more thing - Is this requirement of NO objection letter mentioned anywhere - just to keep a safe side - I could quote it if a Caseworker does not accept my application.

Thanks for your help.

[iD]
Senior Member
Posts: 857
Joined: Sat Sep 29, 2007 1:36 am

Post by [iD] » Wed Jan 09, 2013 5:21 pm

swordfish20000 wrote:Thanks a lot Sage..... for confirming the same.

I have drafted the letter - and also I have booked a PEO appointment and My wife would be with me so hope this would help as well.

One more thing - Is this requirement of NO objection letter mentioned anywhere - just to keep a safe side - I could quote it if a Caseworker does not accept my application.

Thanks for your help.
Because the child is a minor, s/he would need consent from both the patents.
Personally happened to me when I extended my tier 1 with my kid but didn't include my wife. Caseworker sent an email asking to get NOC from my wife before he could process the kids application.
Goodluck.

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