ILR for daughter

[N2016]

Hi All,

Requesting advice on below case,

Need information on ILR for daughter. Currently I am on ILR and applying for citizenship on 30/04/2017.

My wife and daughter are my dependent ( Earlier Tier 2 general Dependent) and as now I am applying for citizenship I am thinking to apply for ILR for my daughter as well.

1) She came in this country in March 2012 so hopefully she is applicable for ILR?

2) Can I apply ILR for daughter if my wife don't want ILR?

Your advice much appreciated.

Nik

[vinny]

If your wife and daughter were your dependants prior to 9 July 2012 and have continuous PBS dependant leave since then and you were granted ILR as a PBS migrant, then they should both be eligible for ILR independently, provided your wife also satisfies KoLL.

Daughter's ILR is subject to 319J.

Why doesn't your wife want to apply for ILR?

[N2016]

Hi Vinny,

Thanks for the response.

My wife and daughter came in this country (UK) during March 2012 and since staying with me.

I got ILR on 29th April 2016 and now eligible for CITIZENSHIP on 30th April 2017.

Now in case of my daughter I was planning to take ILR as she is eligible. My wife is also eligible but is not interested to take ILR as she want's to continue Indian passport.

Now in this case my daughter will get ILR as one person told me both the parents should have ILR? I am confuse.

your advice much appreciated.

Thanks

[CR001]

My wife is also eligible but is not interested to take ILR as she want's to continue Indian passport.

She doesn't lose her Indian citizenship or Indian passport if she gets ILR.

She only loses it if she becomes a British Citizen.

[N2016]

Thanks for the quick response.

But in case if she don't want still I can apply for my daughter ILR as only one parent having ILR.

My main worry is on the above point.

N

[vinny]

Yes, if she satisfies 319J.