ILR for dependents

[jafersadeq]

Dear Gurus,

If I completed continuous 5 years and my wife completed 4 years + 7 months at the same time, and my son completed 4 years + 3 months at the same time, their visa issue date was after my visa issue date, there was 75 days between us ..Can they apply with me for ILR?

Does HO count their continuous period from their visa issue date or from my visa issue date for ILR ?
If from their visa issue date.. Shall they complete 5 years from that date?

Thanks

[zimba]

No, they must complete the 5 years on their own from the date their visa was issued. You can get your ILR first and they will be able to continue/extend on PBS dependant visa until eligible for ILR.

[CR001]

Does HO count their continuous period from their visa issue date or from my visa issue date for ILR ?
If from their visa issue date.. Shall they complete 5 years from that date?
Thanks

For PBS Dependents, it is counted from the date of dependents ENTRY to the UK.

On what date did they APPLY for the initial entry clearance visa?

What was the visa issued date?

What date did they ENTER the UK?

[jafersadeq]

For PBS Dependents, it is counted from the date of dependents ENTRY to the UK.

On what date did they APPLY for the initial entry clearance visa? 14/5/2015

What was the visa issued date? 27/5/2015

What date did they ENTER the UK?

27/6/2016

[jafersadeq]

Sorry, the last date is 27/6/2015 NOT 2016

[CR001]

They will qualify for ILR no sooner than within 28 days before 7th June 2020.

[ishfaqsangra]

I think they can apply on 30.04.2020?
Considering the visa issue date and entrance date gap as continuous period (as per new updated guidance that period will count) and 28 says earlier than full 5 years.

[vfinancials]

No, they must complete the 5 years on their own from the date their visa was issued. You can get your ILR first and they will be able to continue/extend on PBS dependant visa until eligible for ILR.

I have few question if you can please explain it to me.. Thanks

1. What if child was born in UK and first visa was applied when child was 2 years old. Do they still have to complete 5 Years?

2. Spouse has 4 month gap to 5 years than me, what duration of Visa they should apply as dependent? Is it on HO officier or they get standard 3 or 2 year extension?

3. Would they have to apply at same time for extension as my ILR as their visas are expiring on same dates.

4. If another child born in UK and never applied for visa. Do they must apply for visa while I am applying for my ILR and other dependents extensions (P.S. They have no plans to travel outside UK).

5. If spouse also secure ILR after completing their 5 years period, would not be children applicable for citizenship directly?

Let me know if you can explain these questions, so we can be better prepare before that..

@CR001 your comments would be much appreciated as well. Thanks

Thanks

[vinny]

vfinancials, (12): To avoid confusion & jumbled responses, please continue in existing topic.

[vfinancials]

vfinancials, (12): To avoid confusion & jumbled responses, please continue in existing topic.

Hi, The topic you are referring to is related to initial entry clearance..

The questions I asked above are solely relevant to the topic of this thread, ILR for Dependent..

I hope I have not violated any policy.. t161152 is not relevant to questions I asked above. Thanks

[ishfaqsangra]

As far as I know the Children born in Uk will apply for settlement when one of the parent gets ILR so at the point of your ILR you can apply for their settlement(Your Visa will be processed first and if successful than they will look into your dependents application as per Home Office Worker Guidance)

Your Wife needs to apply as your dependent again and I guess that will be for a period of 3 year(I guess not sure)

[CR001]

As far as I know the Children born in Uk will apply for settlement when one of the parent gets ILR so at the point of your ILR you can apply for their settlement(Your Visa will be processed first and if successful than they will look into your dependents application as per Home Office Worker Guidance)

Your Wife needs to apply as your dependent again and I guess that will be for a period of 3 year(I guess not sure)

The child will usually follow the same route as the wife and require an extension.

If child is UK born, child can apply for citizenship once either parent is granted ILR. The child does not require ILR to register as BC if UK born and does not require valid leave either.

[vfinancials]

The child will usually follow the same route as the wife and require an extension.

If child is UK born, child can apply for citizenship once either parent is granted ILR. The child does not require ILR to register as BC if UK born and does not require valid leave either.

Thanks..

One more question..

If child is UK born.. And at time of my extension, I get their BPR as well. While I am applying my ILR, their extension is expired as well.

So should I apply for Settlement or IRL for them along with my application? Or should wait for my ILR to come through and directly apply for BC? Thanks

[CR001]

The child will usually follow the same route as the wife and require an extension.

If child is UK born, child can apply for citizenship once either parent is granted ILR. The child does not require ILR to register as BC if UK born and does not require valid leave either.

Thanks..

One more question..

If child is UK born.. And at time of my extension, I get their BPR as well. While I am applying my ILR, their extension is expired as well.

So should I apply for Settlement or IRL for them along with my application? Or should wait for my ILR to come through and directly apply for BC? Thanks

A UK born child DOES NOT need ILR if you are planning to register them as British nor do they require valid leave to remain.

[ishfaqsangra]

So lets assume the Main Applicant is applying ILR and wife has completed 5 years as dependant as well and all children are UK born then what will be the scenario.

1-The wife can also apply for ILR at the same time
2-The children can also apply for ILR as dependents ILR applicaiton will be dealt after the main applicants decision.
Or the children will apply as ?

[CR001]

So lets assume the Main Applicant is applying ILR and wife has completed 5 years as dependant as well and all children are UK born then what will be the scenario.

1-The wife can also apply for ILR at the same time Yes
2-The children can also apply for ILR as dependents ILR applicaiton will be dealt after the main applicants decision. They can if they wish the children to have ILR
Or the children will apply as ? Skip ILR and save the fees and apply to register the UK born children as British.

What in my posts so far on this, stating a UK born child DOES NOT require ILR to register as BC, is not clear

[vfinancials]

They can if they wish the children to have ILR[/color]
Or the children will apply as ? Skip ILR and save the fees and apply to register the UK born children as British.

So I have a little confusion here..

Child is UK Born. But they were granted Leave to remain as it was required to travel outside UK.
As they have now BPR, they still can skip ILR/Extension and directly to register as BC?

Thanks

[vinny]

Yes.

[ishfaqsangra]

Thanks all for valuable inputs.I m clear sir