ILR Extension query, kindly help

[Bheeshma]

Hi All,

I have been granted ILR on Nov 2016 , earlier I was on Tier-1 General Visa and dependants are currently are on Tier1 PBS Dependant - Leave to Remain Visa.

Their Visa's are currently valid upto Dec 2017.

My wife first visited in UK on May 2012 however due to health and other dependent issues, she couldn't stay in UK continuously for 2 Years and out of 5 years duration, she hardly lived 2 and Half Years in UK but not continuously.

Could you please help me whether

- Are my dependents eligible for ILR?
- Is it mandatory thing to stay for 2 Years ( because she landed in UK before Jul 2012 Rule) of continuity in UK in order to be elligible for ILR?
- If she is not eligible for ILR, can she go for Tier Dependant Visa Extension? not sure whether she can go for it as I am on ILR now.

Kindly help me on this. Your advises are greatly welcome.

Here are my wife's Entry and Period of Stayed details in UK. so far she has stayed for 31 Months in UK

First Entry: May 21st 2012 - Oct 6th 2012 - Total Months Lived is 4 and Half Months.
Second Entry: Jan 3rd 2014 - Jan 4th 2015 - Total Months Lived is 12 Months.
Third Entry: Jun 4th 2015 - Sep 9th 2015 - Total Months Lived is 3 Months 5 Days.
Fourth Entry: Jun 30th 2016 - Jan 10th 2017 - Total Months Lived is 6 Months 10 Days.
Fifth Entry: Mar 4th 2017 - Till Date - Total Months Lived is 6 Months.


Thanks
Bheeshma.

[Bheeshma]

Hi ,

Can anyone provide the valuable input please.
I am really stuck and confused so your advise's are needed in order to apply visas for my dependants.

Thanks
Bheshma.

[zimba]

Continuous residence requirement does not apply to PBS dependants. If she has been on PBS dependant route before 2012 rule change until now, she is eligible for ILR.

[Bheeshma]

Thank you so much for the reply.

Just to be sure on the rule you have mentioned :
My wife arrived in UK on Tier1 PBS dependant in the month of May 2012. Is that rule you have mentioned is applicable to my wife's visa? Kindly advise.


Regarding ILR application submission, I am thinking to apply for ILR for my wife first and once she is granted ILR Visa, I will apply visa for my kids ( Age 4 and 2 years old) . Since the cost of the visas is too expensive and I am really not confident, I really don't want to go for 3 of them at the same time .

Can I apply visa just for my wife and then kids later?
Can Home office accept this ? Kindly advise.


Thanks
Bheeshma.

[Bheeshma]

Hi,

Kindly respond to my query.

Thanks
Bheeshma.

[CR001]

Provided your spouse did not apply for new entry clearance at any point outside the UK, she falls under the pre 9 July 2012 rules of two years residence to qualify for ILR.

You can apply separately. There is no rule that status you have to all apply at the same time.

[Bheeshma]

Thank you very much. .

With your permission, I would like to ask one final query please.

I came alone to UK on Tier1 General visa in the year Jun 2011 , my wife was in India. Then in the year Apr 2012, from India, She applied for Tier1 PBS dependant visa and came to UK in May 2012.
For all other renewas, she along with me applied for extensions being in UK only.

Can I kindly request that she is still eligible for ILR, please. Apologies if this question sounds repetitive.


Kind Regards
Bheesma.

[CR001]

Yes!!

[Bheeshma]

Dear CR001,

I was going through the list of documents required for ILR and interestingly found the below content which was suggested by you to other request.

Since me wife lived out of UK for more than a Year, I request you, kindly, to clarify whether this is applicable in my wife's Visa application process, mean not eligible for ILR?


I have also provided her the list of days she lived here and I hope you gone through it.


Kind Regards
Bheeshma.


CR001 » Wed Jan 25, 2017 1:52 pm

She can apply now if she has been your dependent pre July 2012, has no absence of more than 180 days not let her dep visa expire while out of the UK etc and meets all the other standard requirements.

Suggest read the form and guidance notes and then ask further if anything is unclear.

https://www.gov.uk/government/uploads/s ... -11-16.pdf

https://www.gov.uk/government/uploads/s ... -11-16.pdf

[CR001]

HO withdrew the absence limit for PBS dependents in April. It is not applible and there is no absence limit.

[Bheeshma]

Thanks a ton Dear CR001. This is definitely a huge sigh of relief for me. And with the information you have provided , I think I can confidently go ahead and apply ILR for my dependants. ( Wife and 2 kids ).

Could you please share the link or the evidence of document where it is mentioned that " HO withdrew the absence limit for PBS dependents in April. It is not applicable and there is no absence limit."


My apologies again for not closing this thread.


Kind Regards,
Bheeshma.

[CR001]

Link below, vinny's post with links.

uk-tier-1-general-visas/ilr-through-tie ... l#p1464957

[Bheeshma]

Hi,

Since UK NARIC Certificate is required for my dependent to apply for ILR, could you please help which options should I chose:

Immigration Tier : Family, Settlement, and Nationality ( I have chosen this option)
Immigration Route: 2 Options under this:

Family
Settlement


Could you please help and advise me to chose which option for Immigration Route. Is it Family or Settlement?

Kind Regards
Bheeshma.

[CR001]

Settlement

[Bheeshma]

Thank you very much Dear CR001.

Kind Regards
Bheeshma.

[humanityrultz]

Hi,

Since UK NARIC Certificate is required for my dependent to apply for ILR, could you please help which options should I chose:

Immigration Tier : Family, Settlement, and Nationality ( I have chosen this option)
Immigration Route: 2 Options under this:

Family
Settlement


Could you please help and advise me to chose which option for Immigration Route. Is it Family or Settlement?

Kind Regards
Bheeshma.

Hi Bheeshma,
Your dependant can write B1 SELT (GRADE 5) http://www.trinitycollege.com/site/?id=3220 .... it's easy compare to UK NARIC certificate(required supporting documents like Degree certificate and letter from university degree taught in English).

[Bheeshma]

Thanks for your suggestion, applied for UK NARIC certificates and received them recently.

I have an appointment for applying ILR for my dependent on 26th of October, currently working on the collecting the documents in support of the application.

Gone through all threads which were posted recently and looks like most of ILR Dependant Visa's getting rejected for not meeting the criteria "Period of Stay in UK ". I am really feeling nervous about my wife's ILR application.. She came to Uk Tier1 Dependant Visa on May 2012 however she has so far stayed for 32 Months only in UK ( with lots of absences, kindly check the thread)

My apologies for posting this query again; looking at the rejections citing at the absences out of UK , really nervous so kindly advise whether I should go for ILR or should go for Tier-1 Dependent Extension again.

Kind Regards
Bheeshma.

[CR001]

Gone through all threads which were posted recently and looks like most of ILR Dependant Visa's getting rejected for not meeting the criteria "Period of Stay in UK ". I am really feeling nervous about my wife's ILR application.. She came to Uk Tier1 Dependant Visa on May 2012 however she has so far stayed for 32 Months only in UK ( with lots of absences, kindly check the thread)

Which threads are you referring to exactly??

[Bheeshma]

Hi, Thanks again for your reply.

Not to any specific thread but on the whole, not meeting to Period of Stay living in UK, their's ILR applications were rejected.

May be I am over thinking on this. Could I request you , kindly, advise me whether I am in a good situation to apply for ILR for my wife.

Kind Regards
Bheeshma.

[CR001]

Not to any specific thread but on the whole, not meeting to Period of Stay living in UK, their's ILR applications were rejected.

There is NO absence limit for PBS dependent spouses, as already advised to you on 9th September. She needs to meet the residence requirement and valid visa for the qualifying period, which in your case appears to be 2 years as she is pre July 2012, provided she DID NOT at any point apply for a new entry clearance PBS dependent visa from abroad.

May be I am over thinking on this.

Yes you are and likely also misreading whichever topics you have referred to regarding refusals.

[Bheeshma]

Dear CR001,

Kindly accept my sincere and big thanks to you. With the confidence you have given in me, I went ahead and applied ILR for my Wife and her application for Leave to Remain has been successful.

I was actually thinking of going for another extension , luckily, you have saved me and shown path for applying ILR.

I am now getting ready to apply ILR for my kids; Could you also kindly suggest what are all the documents required for Kid's ILR Application please.


Many Many thanks to you and to the Immigration board Team !!

Thanks
Bheeshma.

[KKLTP]

Hello Bheeshma,
Thanks for updating the forum with your result, I couldn't find any thread updated with result for more than 180 days absence.

It would be really helpful if you can share what exact documents have you submitted for your wife ILR? ( specifically did you provide any documents to prove the relationship is subsisting when she was away from you)

Recently I came across one solicitor suggesting that if both parents are on ILR and if they are applying for BP
then their kids can also apply for naturalisation.. as there is no rule of 5 years for kids, I suggest to think about this on cost basis, I hope it helps..

Thanks
KP

[CR001]

Recently I came across one solicitor suggesting that if both parents are on ILR and if they are applying for BP
then their kids can also apply for naturalisation.. as there is no rule of 5 years for kids, I suggest to think about this on cost basis, I hope it helps..

Children born abroad, as is the case for the OP in this thread, require ILR before they can register as British (adults are naturalised not children). Also, there are residence requirements for children depending on how old they are.

[KKLTP]

Hello CR001,
in reference to your update, I am little bit confused, can not the kids ( born abroad + below 18) will be eligible to apply for citizen ship along with one of their parent who is eligible to apply while other parent is on ILR?

sorry not sure about acronym op ?

my only point is instead of applying ILR ( spending on Fees roughly 6k- 2kids) they can apply for citizenship along with one parent for less fee, if the parent is eligible for citizenship.

Thanks
KP

[CR001]

Hello CR001,
in reference to your update, I am little bit confused, can not the kids ( born abroad + below 18) will be eligible to apply for citizen ship along with one of their parent who is eligible to apply while other parent is on ILR?

sorry not sure about acronym op ?

my only point is instead of applying ILR ( spending on Fees roughly 6k- 2kids) they can apply for citizenship along with one parent for less fee, if the parent is eligible for citizenship.

Thanks
KP

Children born abroad are expected to be 'free from immigration control', i.e. hold ILR. There have been many refusals for children where the parents through they can save money on skipping ILR. Children born abroad have no entitlement to register as British.