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Dependents

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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vicky8319
Junior Member
Posts: 66
Joined: Mon Apr 30, 2012 10:32 pm
United Kingdom

Dependents

Post by vicky8319 » Tue Jun 27, 2017 10:16 am

Hello all,

I am a British Citizen by Naturalization.
My 2 dependents are all on tier 1 general dependent visa's. I have 2 questions -

Question 1 :
My son was born outside UK. - He is yet to complete 5 years. As I am a citizen, Can he get the ILR now ? or Can i apply for his British Citizenship now ?

Question 2 :
My wife has been outside UK for over 450 days in 5 years. Reason being pregnancy and child birth outside UK. And she has been outside uk for close to an year once (continuous days). She will complete 5 years this year.

Here is the Stupid question : Can she apply for ILR ?

the only reason i ask these questions are the cost involved with another extension. It scares me out like anything.

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Dependents

Post by secret.simon » Tue Jun 27, 2017 10:58 am

As your son was born outside the UK, he will be eligible for ILR with the less-privileged parent (in your case, the mother). He will be eligible to register as a British citizen when both he and his mother have ILR (as you already have British citizenship).

As regards your wife, to the best of my knowledge, there is no limitation on absence from the UK for PBS dependents. So, I believe she should be eligible for ILR in spite of her absences. But await a response from others as I am not absolutely sure.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

vicky8319
Junior Member
Posts: 66
Joined: Mon Apr 30, 2012 10:32 pm
United Kingdom

Re: Dependents

Post by vicky8319 » Thu Jun 29, 2017 4:36 pm

secret.simon wrote: As regards your wife, to the best of my knowledge, there is no limitation on absence from the UK for PBS dependents. So, I believe she should be eligible for ILR in spite of her absences. But await a response from others as I am not absolutely sure.
Thanks for responding. But this is completely contradicting to my understanding which is = To Qualify for ILR, residential requirements are a must and one of the residential requirement is to limit the absences in the 5 year period.

CAN SOMEONE ELSE EXPLAIN and / or provide some feedback on THIS please ?

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CR001
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Posts: 88129
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Dependents

Post by CR001 » Thu Jun 29, 2017 9:37 pm

For adults yes. Not so strict for children.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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