ILR eligiblity doubts for dependants

[call2bala]

Dear Experts

First of all please apologise me for asking the repeated question in this forum. I have found similar topics for my query in this forum but there were 2 different answers and i could not draw conclusions from previous topics. My situation is completely different from others.

I will be qualified for ILR based on (WP + Tier 1 = 5 yrs) March 5 and visa valid till 28th march 2013.

I got married in March 2011 , my wife came to UK on 25th March 2011 with me.
we got a new born baby recently from April 2012. My wife & my baby visa will run out on 28th March 2013.

I understand that to qualify for ILR dependants(adults) should have lived for minimum of 2 years inside UK with their partners. She will be completing her 2 years residence period on 25 March 2013.

My questions are
1.Does my wife qualify for ILR in March 2013? Can I apply for ILR for me and also for my wife & baby at the same time in March 2013?

2. If they qualify for ILR ,fDo I need to fill SET (O) application form for me and dependent's(wife and baby)?

3. For maternity leave my wife stayed outside UK for 70 days . I hope this is like a holiday time. Are they going to deduct this from 2 years residence period?



Thanks
Regards
Bala

[wpilr_nov12]

Dear Experts

First of all please apologise me for asking the repeated question in this forum. I have found similar topics for my query in this forum but there were 2 different answers and i could not draw conclusions from previous topics. My situation is completely different from others.

I will be qualified for ILR based on (WP + Tier 1 = 5 yrs) March 5 and visa valid till 28th march 2013.

I got married in March 2011 , my wife came to UK on 25th March 2011 with me.
we got a new born baby recently from April 2012. My wife & my baby visa will run out on 28th March 2013.

I understand that to qualify for ILR dependants(adults) should have lived for minimum of 2 years inside UK with their partners. She will be completing her 2 years residence period on 25 March 2013.

My questions are
1.Does my wife qualify for ILR in March 2013? Can I apply for ILR for me and also for my wife & baby at the same time in March 2013?

For both of you, the safest bet would be to apply during the 28 days leading to Mar 25, although you qualify earlier than that. The reason for this is that on Mar 25 your wife will have completed the 2 year requirement, and she can be included in your application as your dependent, at reduced overall fee.

2. If they qualify for ILR ,fDo I need to fill SET (O) application form for me and dependent's(wife and baby)?
Normally, it is not necessary to include UK born child in ILR application because the child has ENTITLEMENT to register as a British Citizen once you get your ILR. And you can make that application for your child immediately after you get your ILR and BRP. Visit the British Citizenship section of this forum for more on that. Yes, one Set O form, wife details in dependent section.

3. For maternity leave my wife stayed outside UK for 70 days . I hope this is like a holiday time. Are they going to deduct this from 2 years residence period?

Normally, no. Also, the form asks for your absences, not your wife's. And you don't have to declare her absences.



Thanks
Regards
Bala

[call2bala]

Thanks a lot for a detailed reply.

I only a few points to ask you again for small clarifications. I hope you won't mind.

We got married on March 4th 2011 and she landed in UK on 25th march 2011.
I hope we all can apply for ILR together (between Feb 25 -march 25)during 28 days period for 25th march 2013.

My son already got Indian passport with Tier1 Dependant visa. Can we apply for for my British citizenship directly without applying for ILR?


Thanks once again for your quick reply.

Dear Experts

First of all please apologise me for asking the repeated question in this forum. I have found similar topics for my query in this forum but there were 2 different answers and i could not draw conclusions from previous topics. My situation is completely different from others.

I will be qualified for ILR based on (WP + Tier 1 = 5 yrs) March 5 and visa valid till 28th march 2013.

I got married in March 2011 , my wife came to UK on 25th March 2011 with me.
we got a new born baby recently from April 2012. My wife & my baby visa will run out on 28th March 2013.

I understand that to qualify for ILR dependants(adults) should have lived for minimum of 2 years inside UK with their partners. She will be completing her 2 years residence period on 25 March 2013.

My questions are
1.Does my wife qualify for ILR in March 2013? Can I apply for ILR for me and also for my wife & baby at the same time in March 2013?

For both of you, the safest bet would be to apply during the 28 days leading to Mar 25, although you qualify earlier than that. The reason for this is that on Mar 25 your wife will have completed the 2 year requirement, and she can be included in your application as your dependent, at reduced overall fee.

2. If they qualify for ILR ,fDo I need to fill SET (O) application form for me and dependent's(wife and baby)?
Normally, it is not necessary to include UK born child in ILR application because the child has ENTITLEMENT to register as a British Citizen once you get your ILR. And you can make that application for your child immediately after you get your ILR and BRP. Visit the British Citizenship section of this forum for more on that. Yes, one Set O form, wife details in dependent section.

3. For maternity leave my wife stayed outside UK for 70 days . I hope this is like a holiday time. Are they going to deduct this from 2 years residence period?

Normally, no. Also, the form asks for your absences, not your wife's. And you don't have to declare her absences.



Thanks
Regards
Bala