ILR for my son, born outside UK

[ilr1]

Hi

I have two children, one of them born in india when i was on Tier 1 (General) visa and another in UK.

My situation is following.

- I got ILR in March 2013 from Tier 1 (General) Points Based System.
- My wife still in Tier 1 (General) dependent visa and currently preparing for Life in UK Test.
- My son who born outside UK and got Tier 1 (General) dependent visa, valid until Dec 2013.
- My younger one born in UK and got Tier 1 (General) dependent visa,valid until Dec 2013.

Questions:

1) Can i apply ILR now for my son who born outside UK without his mother as she hasn't got her ILR yet ?

2) if so, should I need to complete form Set (o) ?

3) Can i apply naturalization now for my younger who born in UK and then British passport ?

Appreciate if someone could response above as soon as possible as i need to submit their applications soon. thanks in advance

[ilr1]

Hi,

Can someone please help me on this ?

[Amber]

Hi,

Can someone please help me on this ?

The child born in the UK would be entitled to register (now) as a British citizen under section 1(3) of the British Nationality Act as you are now settled. The other child would be subject to section 3(1) which is by discretion. If you naturalise yourself and your UK born child when you can and then once your spouse satisfies the spouse naturalisation requirements, including your spouse having ILR, she and the born aboard child could apply for citizenship together.

[ilr1]

thanks Guru, much appreciated. As per below(c), can't i apply ILR for my child who born abroad since he completed 2 years in UK ?

Quote From UKBA:

Requirements for indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom.
297. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:
(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) both parents are being admitted on the same occasion for settlement; or
(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or
(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child's upbringing; or
(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried, and has not formed an independent family unit; and
(iv) can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join without recourse to public funds in accommodation which the parent, parents or relative the child is seeking to join, own or occupy exclusively; and
(v) can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds; and
(vi) holds a valid United Kingdom entry clearance for entry in this capacity.

[Navi123]

Hi, sorry im not hijacking this post, but just a quick one..you mentioned u got ur ILR in march 13 and ur Mrs is still on Tier 1 dependent.is she still legal?..Have you confirmed this with HO?


im abt to apply for my IlR (10yrs long residenscy and currently on Tier1) and i have been told by number of solicitors that my mrs visa will expire within 28 days once i got my ILR.

[Amber]

Hi, sorry im not hijacking this post, but just a quick one..you mentioned u got ur ILR in march 13 and ur Mrs is still on Tier 1 dependent.is she still legal?..Have you confirmed this with HO?


im abt to apply for my IlR (10yrs long residenscy and currently on Tier1) and i have been told by number of solicitors that my mrs visa will expire within 28 days once i got my ILR.

Your wife who is on a PBS dep visa I assume will need to extend her stay on flr(m) and can apply for settlement (set(m)) when she qualifies (2 years under the old rules - pre July 2012 applications. This is because you are applying for ilr based on long residence and not PBS.

[Navi123]

Guru.

I can apply for my Mrs ILR as soon as i have mine...cos she is been here for more than 2 yrs and fall under rules before july 12.

My main concern was "ilr 1 got ILR in march 13 but his Mrs is still Tier 1 PBS dependent".

as i have been told any dependent's visa will not be valid (after 28 days) if the main applicant switch his/her visa to a new category.

If you have come across the guidance re the above please share them.

Regards

[Lekore]

Hi, sorry im not hijacking this post, but just a quick one..you mentioned u got ur ILR in march 13 and ur Mrs is still on Tier 1 dependent.is she still legal?..Have you confirmed this with HO?


im abt to apply for my IlR (10yrs long residenscy and currently on Tier1) and i have been told by number of solicitors that my mrs visa will expire within 28 days once i got my ILR.

She can stay as a dep. fine - as long as main applicant didn't apply under 10yr Long Residence. She can apply for ILR when she completes 2/5years (whatever rule was at time visa issued) on SET(O)

[Amber]

Hi, sorry im not hijacking this post, but just a quick one..you mentioned u got ur ILR in march 13 and ur Mrs is still on Tier 1 dependent.is she still legal?..Have you confirmed this with HO?


im abt to apply for my IlR (10yrs long residenscy and currently on Tier1) and i have been told by number of solicitors that my mrs visa will expire within 28 days once i got my ILR.

She can stay as a dep. fine - as long as main applicant didn't apply under 10yr Long Residence. She can apply for ILR when she completes 2/5years (whatever rule was at time visa issued) on SET(O)

[ilr1]

thanks everyone for all your information. I really appreciate all your valuable suggestions/info. I applied ILR for my and received the BRP card as well.