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As your child was born outside of the UK they will follow the route of the less advantaged parent...in this case your wife. They will qualify for ILR at the same time as their mother.by bdeva81 » Thu Sep 22, 2016 4:54 pm
Hi,
I am Dev, and I recently got my ILR.
My Kid born in India and she entered UK first in Oct'2014.
My wife is on Dependant visa and she's eligible for ILR in 2018.
Can I apply for ILR for my KID now?
Appreciate your expert advice.
Thanks
Dev
by bdeva81 » Thu Sep 22, 2016 5:10 pm
Hi,
I am Dev, i recently got my ILR and Like to apply ILR for my wife,
My wife first visa was valid from 30/05/2012 to 25/04/2014, In May 2013 she went back to india for Maternity and our child born in India.
As she was away from UK for 17 months and her visa expired, so she applied in india again for tier1 dependant and got visa with validity 15/08/2014 to 25/04/2017
she was away from UK for 17months between May'13 - Apr'15 on Maternity.
In this case, can she apply for ILR, as she got her initial visa in 2012. Under 2years condition?
bdeva81 wrote:Hi All,
Appreciate all your advice, so my main question is can I apply for ILR for my KID or need to wait for her to apply with my wife?
My Wife case is tricky as well, as she initially got her visa in 2012, but went to india for maternity, where her visa got expired and reapplied in india to come to UK.
So I got 2 questions,
1. As my wife away for Maternity, can go through 2 years settlement route for my wife? No as her visa expired. There is no concession for maternity
2. Either way, can I apply for ILR for my KID, though she isn't born in UK. But I as a father got ILR.? No. Your child will qualify for ILR at the same time as their mother.
Regards
Dev