Spouse & Dependant child eligibility for ILR

[roobaru]

Hi,

I entered UK in May 2006. My wife also accompanied me at the same time. As per current rules I would become eligible for ILR next year. The question I have is as follows:

My wife when she accompanied me came is as a Dependant WP holder, Her org got her WP stamped in Mar 2008 and she moved to Tier 1 in Jan 2010. Our Child is a dependant on my wife's visa. My Wife would complete 5 years in UK at the same time as me, but I am not sure if we can apply for her and our child to be granted ILR as dependants on my application. If not is she eligible to apply for ILR as she would herself have completed 5 years though in a combination of visa categories.

Regards

[vinny]

Her org got her WP stamped in Mar 2008 and she moved to Tier 1 in Jan 2010. Our Child is a dependant on my wife's visa. My Wife would complete 5 years in UK at the same time as me, but I am not sure if we can apply for her and our child to be granted ILR as dependants on my application.

No.

If not is she eligible to apply for ILR as she would herself have completed 5 years though in a combination of visa categories.

Regards

Her qualifying period for (work based) ILR started when she initially entered the UK as a work permit holder.

[geriatrix]

roobaru, what's your current immigration status?


regards

[devang99]

Hi Roobaru,

As per as my understanding you can not apply with your ILR visa on her current visa status however she and your child can apply for dependent visa first and all of you can apply ILR visa.

Please note that you can not change your wife and child visa from UK .. she has to get entry clearance again which means your wife and child needs to go to your home country.

Hi,

I entered UK in May 2006. My wife also accompanied me at the same time. As per current rules I would become eligible for ILR next year. The question I have is as follows:

My wife when she accompanied me came is as a Dependant WP holder, Her org got her WP stamped in Mar 2008 and she moved to Tier 1 in Jan 2010. Our Child is a dependant on my wife's visa. My Wife would complete 5 years in UK at the same time as me, but I am not sure if we can apply for her and our child to be granted ILR as dependants on my application. If not is she eligible to apply for ILR as she would herself have completed 5 years though in a combination of visa categories.

Regards

[roobaru]

Thanks for all the response.

I am currently on Tier 1.

Got another question, Can they apply for ILR as my dependants once I have taken ILR myself? would they still need to go back to home country?

[vinny]

Got another question, Can they apply for ILR as my dependants once I have taken ILR myself? would they still need to go back to home country?

They may switch to FLR(M).

See also ILR residential requirement for Tier 1 dependent.

[devang99]

as she may switch to FLR(M) and subsequently SET(M). however you have to pay 2 visa cost ..

or she can go to home country - which means travel cost and visa cost in your home country ..

but then she can apply with your ILR visa application which means very minor cost for her ILR visa ..

thanks

Got another question, Can they apply for ILR as my dependants once I have taken ILR myself? would they still need to go back to home country?

They may switch to FLR(M).

See also ILR residential requirement for Tier 1 dependent.

[geriatrix]

If the objective is British citizenship, then the dependent(s) should travel to home country and return as dependent(s) of Tier 1 migrant .. to be able to apply for settlement at the same time as you. With no decision on whether (with changes or without) and when probationary citizenship laws will come into effect, best to apply for settlement at the earliest possibility.

IMHO ...



regards

[roobaru]

Thanks for the clarification.

so if my spouse and child were to go to home country and get EC as my dependant on Tier 1, then can they apply for ILR at the same time as myself or are there any additional criteria's to be met?

Also what would the scenario be if they did not apply for ILR or FLR now but were to apply as my dependant once I have taken British Citizenship?

Kind Regards,