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Online appl clarification for PBS Dep son

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

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murali.lalitha
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Joined: Fri Mar 08, 2013 11:23 am
Location: Bangalore
India

ILR to BC - need clarity for dependants

Post by murali.lalitha » Mon Aug 20, 2018 11:00 am

Dear experts

My husband acquired British citizenship in Oct 2015 (Prior to that ILR 2014 > Tier 1 Gen 2009-14)

I received my ILR in Aug 2018. (Prior to that PBS dep 2013-18)

Our son, born outside the UK in 2012, is still on PBS dep (2013-)

My questions are as follows:
1. Am I eligible to apply for naturalisation right away in 2018 or should I wait for one year and apply in 2019?
2. Is ILR a mandatory step for our son? Or is there a way he can apply for registration/ naturalisation without an ILR?

Thank you.

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CR001
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Re: ILR to BC - need clarity for dependants

Post by CR001 » Mon Aug 20, 2018 11:04 am

1. Am I eligible to apply for naturalisation right away in 2018 or should I wait for one year and apply in 2019?
You can apply now as spouse of British citizen if you meet all the requirements to apply based on 3 years residence.
2. Is ILR a mandatory step for our son? Or is there a way he can apply for registration/ naturalisation without an ILR?
Yes it is. Children born abroad are expected to hold ILR. Why did you not apply for his ILR when you applied? You were already advised to apply in 2018 for your son last year by vinny. uk-tier-1-general-dependent-visas/depen ... l#p1489060
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

murali.lalitha
Newly Registered
Posts: 12
Joined: Fri Mar 08, 2013 11:23 am
Location: Bangalore
India

Re: ILR to BC - need clarity for dependants

Post by murali.lalitha » Mon Aug 20, 2018 11:16 am

Thank you for the answers.

I was asked the same question by the immigration officer during my appointment last week. Unfortunately, our son's ILR application was rejected earlier in 2014 (we did not read the rules in place, then!) and that led us to become more cautious this time around. So we wanted my application to go through before doing his.

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CR001
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Re: ILR to BC - need clarity for dependants

Post by CR001 » Mon Aug 20, 2018 11:24 am

murali.lalitha wrote:
Mon Aug 20, 2018 11:16 am
Thank you for the answers.

I was asked the same question by the immigration officer during my appointment last week. Unfortunately, our son's ILR application was rejected earlier in 2014 (we did not read the rules in place, then!) and that led us to become more cautious this time around. So we wanted my application to go through before doing his.
The refusal in 2014 was correct as your son would follow your path to ILR and could not apply when your husband applied, as the rules clearly state. This did not prevent him at all from applying with you as vinny's "2018" link explained, which would have been much simpler.
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.

murali.lalitha
Newly Registered
Posts: 12
Joined: Fri Mar 08, 2013 11:23 am
Location: Bangalore
India

Online appl clarification for PBS Dep son

Post by murali.lalitha » Tue Aug 28, 2018 5:16 pm

Hello Experts

My husband is a Brit citizen, and I hold an ILR. My husband is now applying for a settlement visa online (Set O) on behalf of our son and has reached the Declaration page.

Which option should he choose for the below question:

I confirm that: (Required)

I am the applicant

I am a representative of the applicant and have been authorised to act on their behalf and have discussed and confirmed the contents of this application with them

Thanks.

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