ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Dependents ILR confusion

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

Locked
awt2018
Newly Registered
Posts: 20
Joined: Thu Feb 22, 2018 4:09 pm
Uganda

ILR through 10 years or 5 years?

Post by awt2018 » Fri Aug 10, 2018 4:05 pm

Dear Members,
I will be eligible for ILR on 10 years (LR) route on Aug-2019 and 5 years Tier2 (G) on Sep-2019. I have 3 dependents (Wife and 2 kids). Please suggest by which route I should apply for ILR.

Thanks for your time.

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: ILR through 10 years or 5 years?

Post by secret.simon » Fri Aug 10, 2018 4:20 pm

If your spouse and children are in the UK on a PBS dependent visa, it may be better for you to apply via the Tier 2 route. If you get ILR via the Tier 2 route, they continue as PBS dependents until they complete five years as PBS dependents and get their ILR.

If you apply on the 10 years LR route, your wife and children will have to move to the FLR(M) route, their immigration clock will be reset to zero and they will need to spend a further five years in the UK before being able to apply or ILR.
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.

awt2018
Newly Registered
Posts: 20
Joined: Thu Feb 22, 2018 4:09 pm
Uganda

Re: ILR through 10 years or 5 years?

Post by awt2018 » Fri Aug 10, 2018 4:41 pm

Thank you for the important information about my ILR application. Few more questions

My wife's Timeline:
1. Oct-2009 to Oct-2013: Student Visa
2. Dec-2012 to Mar-2020: My dependent (on Dec-2012 she went to back home to change her student visa to my dependent visa, though she had 1 year student visa spare on that time; Total she spent 40 days in back home to change the visa)

1. If i get ILR on 10 years route on Aug-2019, can my wife apply ILR through 10 years route on Oct-2019 on her own merit? (since she is in UK for 10 years combining her student and dependent visa)
2. I have 2 Kids (Age 7 and 1 years), Can i apply for their British passport after I get my ILR? (Elder kid is my on my dependent visa, and younger one has no visa yet since we did not fly after his birth)

awt2018
Newly Registered
Posts: 20
Joined: Thu Feb 22, 2018 4:09 pm
Uganda

Re: ILR through 10 years or 5 years?

Post by awt2018 » Tue Aug 14, 2018 11:20 am

Anyone please

awt2018
Newly Registered
Posts: 20
Joined: Thu Feb 22, 2018 4:09 pm
Uganda

Dependents ILR confusion

Post by awt2018 » Fri Aug 17, 2018 12:58 pm

Dear Members, I want your expert opinion regarding my query below. I got reply partially on another thread but still i have some confusion.

I came to UK in Aug-2009 as student and later moved to Tier2 (G) which is valid up to Mar-2020. My wife came in UK in sep-2009 as student and later moved to my dependent visa on Sep-2012 and her current dependent visa is valid same as me up to Mar-2020.
I will complete 10 years LR on Aug-2019 and my wife will complete 10 years LR on Sep-2019.
My question is, after I get my ILR through 10 years LR on Aug-2019, can my wife apply for ILR based on 10 years LR afterwards?

I heard that If I apply on the 10 years LR route, my wife will have to move to the FLR(M) route, her immigration clock will be reset to zero and she will need to spend a further five years in the UK before being able to apply or ILR.
My question is, cant she apply on her own merit of living in UK for 10 years (3 years as student and 7 years as dependent) ?

Thanks for your time

User avatar
CR001
Moderator
Posts: 88135
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Dependents ILR confusion

Post by CR001 » Fri Aug 17, 2018 1:07 pm

awt2018 wrote:
Fri Aug 17, 2018 12:58 pm
Dear Members, I want your expert opinion regarding my query below. I got reply partially on another thread but still i have some confusion.

I came to UK in Aug-2009 as student and later moved to Tier2 (G) which is valid up to Mar-2020. My wife came in UK in sep-2009 as student and later moved to my dependent visa on Sep-2012 and her current dependent visa is valid same as me up to Mar-2020.
I will complete 10 years LR on Aug-2019 and my wife will complete 10 years LR on Sep-2019.
My question is, after I get my ILR through 10 years LR on Aug-2019, can my wife apply for ILR based on 10 years LR afterwards?

I heard that If I apply on the 10 years LR route, my wife will have to move to the FLR(M) route, her immigration clock will be reset to zero and she will need to spend a further five years in the UK before being able to apply or ILR.
My question is, cant she apply on her own merit of living in UK for 10 years (3 years as student and 7 years as dependent) ?

Thanks for your time
Yes she can apply on 10 years long residence basis. It is ONLY the 5 years ILR clock that gets reset by switching to FLR(M).

Are your children UK born?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

awt2018
Newly Registered
Posts: 20
Joined: Thu Feb 22, 2018 4:09 pm
Uganda

Re: Dependents ILR confusion

Post by awt2018 » Fri Aug 17, 2018 2:06 pm

yes 2 kids are UK born.

thanks

User avatar
CR001
Moderator
Posts: 88135
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Dependents ILR confusion

Post by CR001 » Fri Aug 17, 2018 2:30 pm

awt2018 wrote:
Fri Aug 17, 2018 2:06 pm
yes 2 kids are UK born.

thanks
2. I have 2 Kids (Age 7 and 1 years), Can i apply for their British passport after I get my ILR? (Elder kid is my on my dependent visa, and younger one has no visa yet since we did not fly after his birth)
Your kids are not British yet so cannot apply for a passport directly. You need to register them as British citizens on form MN1, current cost is £1033 each.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Locked