Need advice on ILR/ILE please

[swethabinoy27]

Hi,
My company is going to sponsor and pay for my ILR visa. And I have 2 dependants- My wife and my Daughter(born in India) who is two months old. My 6 years Tier2 general visa expires in January 2019. Which makes me qualify for ILR. And my wife has been here for 3 years on Tier2 as dependant. My wife and kid are both in India and I want to bring my kid who doesn’t have a visa at the moment.
Questions I have is what is the best option from below,
- I apply for ILR, and then get my kid here on ILE settlement visa? If so, how long will it take to get ILE on a premium service in India. Understand that this visa will only be valid for 30 days within which you have to enter the UK. Pls confirm? Need to book return flight accordingly.
- I apply for both my wife and daughter for ILE and forget the 3 years that my wife has accumulated?
- Or I get my daughter on Tier2 dependant visa and then change both my wife’s and daughters visa in 2019/20 into ILR(wife) and ILE dependant(Daughter)
Please let me know what you think and what would be the best choice to go for and why. Thanks in advance very for your inputs.
Kind regards,
Binoy

[CR001]

Or I get my daughter on Tier2 dependant visa and then change both my wife’s and daughters visa in 2019/20 into ILR(wife) and ILE dependant(Daughter)

This would be the best option. Child won't qualify for ILE if your wife does not change visa to Spouse settlement visa. Your daughter is unlikely to get ILE and your wife does not qualify for ILE anyway. If you change your wife's visa to Spouse Settlement visa, your daughter will get the same and they will both have to wait 5 years for ILR.

If you get your daughter PBS Dependent visa, she can apply for ILR when your wife does in two years time.

[swethabinoy27]

Thankyou very much for your reply, another question I have is why wouldn’t my child get an ILE on my ILR? I’ve a friend who recently got an ILR on long term residence basis. His wife is still on Tier2 dependants visa but was able to get ILE for his child. Is this something that I can try to?

[vinny]

If the child was not born in the UK and a parent has limited leave, then child’s ILE is not normally supported by the Immigration rules, unless there was serious and compelling family reasons or other considerations, etc., under 297(f).

Your friend may have been lucky.

[secret.simon]

Thankyou very much for your reply, another question I have is why wouldn’t my child get an ILE on my ILR? I’ve a friend who recently got an ILR on long term residence basis. His wife is still on Tier2 dependants visa but was able to get ILE for his child. Is this something that I can try to?

Children born abroad can acquire a UK Immigration status in line with that of the less-privileged parent.

Children born in the UK can acquire a UK Immigration status in line with that of the more privileged parent.

So, where was your friend's child born?

Vinny, if the friend's child was issued an ILE in error, can it be revoked due to incompatibility with the Rules? Or is it treated as one issued under discretion?

[vinny]

I think that it may be binding. Some members retained it, but at least one was revoked, possibly wrongly.

[swethabinoy27]

Children born abroad can acquire a UK Immigration status in line with that of the less-privileged parent.

Children born in the UK can acquire a UK Immigration status in line with that of the more privileged parent.

So, where was your friend's child born?

Yes, my friends was the same circumstances as mine. And the child was born in India.

[vinny]

See also refusal.

[swethabinoy27]

Thanks Vinny, and Secret Simon.

I did read the visa refusal link you provided and it aligns with what Simon has said before about the visa will be given inline with the less privileged parent i.e my wife. I think I’m clear on that bit and would go for the Tier 2 dependant visa for the child.
The other question I have is regarding my ILR, should I wait for my child to apply for dependant visa and then once they’re here change my visa to ILR or can I do it straight away and my wife’s dependant visa status should be sufficient for my child’s application?
By the way I really appreciate your time and advices that you guys provide for every lost soul on this platform

[swethabinoy27]

Can I get an input on the above please? Much appreciated.