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ILR requirement for dependants / British new born

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

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smkengr
Junior Member
Posts: 56
Joined: Wed Mar 21, 2012 3:24 pm

ILR requirement for dependants / British new born

Post by smkengr » Wed Mar 21, 2012 3:46 pm

Hi All,

I need to discuss few points for my ILR application and my dependants.

I got HSMP on 11/09/2007 but I entered in UK first time on 28/10/2007 (after one and half months). I got extension in Tier-1(General) on 11 Sep 2009 for 3 years which is valid till 11 Sep 2012. I have been out of UK during this tenure for couple of time but on paid leave either I was working fulltime or working remotely for a client when I was in contacts.

My wife joined me in UK on 17 April 2011 though her visa was granted on 20 Jan 2011. I am blessed with a baby on 24/02/2012 now. I need to ask couple of questions which I couldn't find on other forums

1. My five years duration criteria ~ As I mentioned I entered in UK after one and half months (aprox 45 days) later from the dateI got HSMP visa. I have been out of UK during this tenure for couple of time but on paid leave either I was working fulltime or working remotely for a client when I was in contacts. Do I qualify 5 years duration criteria?

2. As I checked on ukba there is a min 2 years of stay in UK required for dependant to qualify for ILR. In our case my wife would have secure one and half year or bit less on 11 Sep 2012 so will she be eligible for ILR or not? if not will I have to apply for ILR dependant visa?

3. My little one born in UK, she hasn't got any passport and visa till now and I am thinking to apply for Pakistani passport for her. Some people say don't apply her ILR with you, first you get ILR and then she will be eligible for British citizenship straight away. I heard about this but bit confused as its written British born baby can be granted British citizenship once her parents have settlement / ILR status in the UK. Can someone clear this as well?


Hope to see response soon.


Thanks

Sam

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed Mar 21, 2012 10:48 pm

1. Perhaps.
2. Wife requires FLR(M).
3. Non-travelling UK-born child may skip ILR.
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