ILR eligibility and Child's Status

[khan81047]

Good Morning, Could you please help me in understanding 10 year route for ILR

I came to UK in 31/01/2008 on student visa, then went on psw until 11/06/2011 which was extended inside UK. I got married in may 2011 and then i became dependent on my wife's visa which was granted on 29/06/2011, but to become dependent i had to go out of UK and apply from India and get ENTRY CLEARANCE, i was out of UK for 32 days (exited on 05/06/2011, my leave to remain was until 11/06/2011. I applied on 17/06/2011 and my visa was issued in India on 29/06/2011 and came back on 06/07/2011), and ever since i have been dependent and all our extension were from inside UK.

To my shock I was issued with Two CCJ's in sep 2016 which I did not know about, only knew recently when my credit application failed.

We were blessed with boy in june 2016, currently he does not have Indian passport or any visa, but we registered his birth with Indian embassy. could I please request you to give clarifications for following questions,

1. When will I be eligible for ILR on 10 year route (keeping in mind that I had to go out of UK to become dependent in 2011 for 32 days)
2. Has going out of UK broken my 10 year continuous stay?
3. I had valid leave to remain when I exited UK, but applied on 6th day after my leave expired, will this be a problem in my application
4. My wife has lived in UK since AUG 2008 and been the main applicant always, in case I get ILR before her, can she also get ILR straight away since we are married for more than 6 years, or she has to become dependent on me and wait for her 10 years to complete?
5. after I get ILR, will my son be eligible for British passport as he was born in UK and currently does not have either Indian passport or dependent visa?
6. will this CCJ's affect my application, how do I go about so that there are no issue's

I really appreciate your time and effort for answering my queries
Thank you

[zimba]

1. When will I be eligible for ILR on 10 year route (keeping in mind that I had to go out of UK to become dependent in 2011 for 32 days)

28 days before finishing 10 years.

2. Has going out of UK broken my 10 year continuous stay?

No. As you left the UK with a valid visa and returned within a month, your continuous period is not broken.

3. I had valid leave to remain when I exited UK, but applied on 6th day after my leave expired, will this be a problem in my application

No

4. My wife has lived in UK since AUG 2008 and been the main applicant always, in case I get ILR before her, can she also get ILR straight away since we are married for more than 6 years, or she has to become dependent on me and wait for her 10 years to complete?

Isn't she eligible for ILR already under PBS route ??!
She has to complete either 5 years on PBS route or 10 years on her own.

5. after I get ILR, will my son be eligible for British passport as he was born in UK and currently does not have either Indian passport or dependent visa?

You can register him as a British citizen

6. will this CCJ's affect my application, how do I go about so that there are no issue's

Maybe. Do you have any plans to pay them off ?

[khan81047]

Thank you zimba88 for your prompt reply.

But in regards to your answer for my second query, I had in total stayed out of UK for 32 days. (2. Has going out of UK broken my 10 year continuous stay?
No. As you left the UK with a valid visa and returned within a month, your continuous period is not broken.) will this have an effect?

In terms of you question, Do you have any plans to pay them off ?
Im planning to dispute them through a solicitor or myself. What would be your advise.

Thank you

[zimba]

But in regards to your answer for my second query, I had in total stayed out of UK for 32 days. (2. Has going out of UK broken my 10 year continuous stay?

No

In terms of you question, Do you have any plans to pay them off ?
Im planning to dispute them through a solicitor or myself. What would be your advise.

Try to clear them off with a help of a debt advisor