PBS dependant to ILR

[raja1382]

Hi Gurus,

can you pls clarify below.
I have submitted my spouse and child ILR application online on July 11th, 2018
I got appointment for premium service on Aug 22nd, 2018.

They got Tier 2 ICT dependant visa issued in Aug 7th , 2013
They entered UK on sep 16th, 2013 on that visa.

I am reading through ilr guidance Page 8 and got confused about time of application submission.
It looks like I should not submit application 28 days before qualifying period.

Question -
can you clarify if this refers to submission date of application?
As I have only considered appointment date before 28 days of 5th year anniversary

Can you let me know if I need to cancel appointment on Aug 22nd and wait until she reaches 28 dates before sep 16th and submit application around tht time? or is it safe to proceed with Aug 22nd same date as booked?

Pls advise.

Thanks
Raj

[CR001]

PBS Dependents qualify within 28 days before initial visa stamp date.

[raja1382]

Thanks CR001.

So If I understand correctly, July 11th, 2018 online application submission date is exactly 28 days from 5th anniversary visa stamp issue date i.e., aug 7th 2018 - 28 days - july 11th 2018.

Which means I should be able to proceed with aug 22nd for appointment.
pls let me know if my understanding is correct.

Thanks
Raj

[CR001]

Should be fine yes.

[raja1382]

Hi,
Currently my wife is on PBS dependant visa which she got when I was on Tier 2 ICT long term visa. she got initially Tier2 ICT dependant visa and later moved to PBS dependant during extension.

I am applying ILR Application for my wife as main applicant and I am already on British citizenship.
While submitting online set O application, I can see thee is no PBS dependant option for selction, it just gives Tier1 dependant and Tier 2 dependant for partners who are applying where as in paper form there is PBS dependant option to select.

I have already submitted online application selecting Tier2 dependant as option and booked appointment for premium service.

I want to clarify if that is the correct option to select in online set 0 application who are on PBS dependant visa currently based on above scenario. Pls advise.

Thanks
Raj

[CR001]

She is a tier 2 dependent!!

[raja1382]

She is a tier 2 dependent!!

Thanks CR001. Today my wife and kid completed their ILR appointment successfully.

I would like to check few more details on below query -
I received my ILR in aug 2015 and got british citizenship in dec 2016.
Now as my wife and kid are on ILR visa 5 year route (aug 2018), can I apply for naturalisation following month or will need to wait for some more time for them to get eligible to apply for naturalisation.

I have waited for an year in my case before applying naturalisation. But was suggested by someone that child can apply immediately after ILR and wife need to wait for an year.

Kindly advise on how to proceed.

Many Thanks
Raj

[vinny]

After they grant you British citizenship, neither your wife nor child need to wait, subject to satisfying the other requirements.

Where was your child born?

[raja1382]

After they grant you British citizenship, neither your wife nor child need to wait, subject to satisfying the other requirements.

Where was your child born?

Vinny - child is born in India.

Also I have another query in below scenario

I am planning to send my wife for second delivery to India and my kid will join her to India.
In that case I will have shortage of time to do British citizenship and hence they might leave India on ILR.
when they return to UK with ROA for new born in next 6 months, wife and first kid are still are on ILR.
In this scenario do they need to wait to apply british citizenship as they will be away from UK for 6 months or more.

Kindly advise based on which i can make a conclusion whether to send India or not for baby delivery.

Thanks
Raj

[CR001]

The absence limits for citizenship are very clearly stated.

For citizenship as spouse of BC based on 3 years residence, no more than 270 days absence in the 3 years immediately preceding the date of citizenship application and no more than 90 days absence in the 12 months immediately preceding the date of citizenship application (discretion on the 90 days up to about 100/110 days).

[raja1382]

The absence limits for citizenship are very clearly stated.

For citizenship as spouse of BC based on 3 years residence, no more than 270 days absence in the 3 years immediately preceding the date of citizenship application and no more than 90 days absence in the 12 months immediately preceding the date of citizenship application (discretion on the 90 days up to about 100/110 days).

Thanks CR001.

just to confirm, i got my British citizen in Dec 2016. Hence spouse will be eligible to apply naturalisation on or after Dec 2019 subject to satisfying other conditions stated above.

Can I confirm if the same rule applies to child as well?

Best Reagrds
Raj

[CR001]

Why do you believe she will only qualify for citizenship in December 2019???

She and the child can apply immediately after getting ILR, provided SHE meets the 3 year Spouse of BC residence conditions/requirements.

[raja1382]

Thanks for clarification CR001.

I am under assumption that they need to wait for 3 years to complete from period I became British citizen.
Hence was calculating from dec 2016 till dec 2019.

But from what I can see they are already in UK for 5 years on tier2 dependant and got ILR now.
so 3 years period can be counted from their stay period which is total of 5 years irrespective of when i got British citizen status.

hence spouse and kid should be able to apply naturalisation immediately.

Thanks
Raj

[CR001]

Thanks for clarification CR001.

I am under assumption that they need to wait for 3 years to complete from period I became British citizen.
Hence was calculating from dec 2016 till dec 2019. Your assumption is wrong. The rules do not state the partner must have been married to a British citizen for 3 years to qualify. You need to be British at the time she applies, even if you only became British the day before she applies, she will still qualify.

But from what I can see they are already in UK for 5 years on tier2 dependant and got ILR now.
so 3 years period can be counted from their stay period which is total of 5 years irrespective of when i got British citizen status. Yes.

hence spouse and kid should be able to apply naturalisation immediately. Spouse Naturalises. Child is Registered not naturalised.

Thanks
Raj