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Different Visa Requirement for Family Members(Spouse , First Child,Second Child)

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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

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Confused_001
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Joined: Wed Dec 27, 2017 3:57 pm
France

Different Visa Requirement for Family Members(Spouse , First Child,Second Child)

Post by Confused_001 » Wed Dec 27, 2017 4:01 pm

Hi All
I need assistance desperately,I am in a very peculiar situation, I am on ILR Status, My wife and my first kid are on Tier 1 General Dependant visa (which will expire on July 2018),currently there are in India, and my second child is born in India and she is 1 year old and I am planning to apply visa for her.I have few quires regarding the same

1) Under what category Shall I apply for my second child ?
2) Should I change the visa status of my wife and my First child before they coming to UK as ILR dependent?
3) my first child is born in UK, Can I apply Naturalisation directly now as I am on ILR status?

please respond

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

Re: Different Visa Requirement for Family Members(Spouse , First Child,Second Child)

Post by secret.simon » Wed Dec 27, 2017 4:18 pm

Confused_001 wrote:
Wed Dec 27, 2017 4:01 pm
1) Under what category Shall I apply for my second child ?
2) Should I change the visa status of my wife and my First child before they coming to UK as ILR dependent?
On what basis did you get your ILR? Did you get your ILR on the basis of Tier 1 General or on the basis of Long Residence?
Confused_001 wrote:
Wed Dec 27, 2017 4:01 pm
3) my first child is born in UK, Can I apply Naturalisation directly now as I am on ILR status?
Yes, you can apply for registration under Section 1(3) of the BNA 1981 using Form MN1. You may want to do it after s/he is back in the UK.
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.

Confused_001
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Posts: 6
Joined: Wed Dec 27, 2017 3:57 pm
France

Re: Different Visa Requirement for Family Members(Spouse , First Child,Second Child)

Post by Confused_001 » Wed Dec 27, 2017 4:20 pm

On what basis did you get your ILR? Did you get your ILR on the basis of Tier 1 General or on the basis of Long Residence?

Under long residency i got the ILR

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

Re: Different Visa Requirement for Family Members(Spouse , First Child,Second Child)

Post by secret.simon » Wed Dec 27, 2017 4:28 pm

As you have got your ILR under Long Residence, your wife and children will need to switch to ILR dependent, their immigration clock will reset to zero and it will be a further five years (from the date of the grant of FLR(M) as ILR dependent) till when they get ILR (unless they qualify under ILR(LR) in their own right).

I will leave it to others to advise you on whether they need to do that while they are in India or if they can do it after their return to the UK.
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.

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Casa
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United Kingdom

Re: Different Visa Requirement for Family Members(Spouse , First Child,Second Child)

Post by Casa » Wed Dec 27, 2017 5:12 pm

A FLR(M) application can only be submitted from outside of the UK.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Obie
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Re: Different Visa Requirement for Family Members(Spouse , First Child,Second Child)

Post by Obie » Wed Dec 27, 2017 5:41 pm

Casa wrote:
Wed Dec 27, 2017 5:12 pm
A FLR(M) application can only be submitted from outside of the UK.
It appears you are seeking to say the opposite, as FLR(M) is in Country and Spouse Settlement is outside the UK.

As OP's partner and children's visa has yet to be curtailed, they are entitled to enter with it, unless and until it is curtailed.

Leave to remain never lapses on its own, an action on the part of the Secretary of State is always needed. Until that action is taken, the visa will continue to be valid.
Smooth seas do not make skilful sailors

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