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ILR for Wife and Newborn

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

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outofthebox
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ILR for Wife and Newborn

Post by outofthebox » Fri Sep 16, 2011 8:28 pm

Hi
I will be eligible for ILR in January 2012. I married on 4th Jan 2009 and my wife joined me in UK in August 2010. We had a daughter born in June 2011.
Now I want to find out whether I can apply for my wife and daughter together with my application for ILR or not?
My wife had a visa as work permit dependent and now has a PBS dependent visa for 3 years as I switched my job this month. Can I apply for her ILR in January 2012 with mine?
I haven't applied for my daughter visa as it takes long time to get her Pakistani passport. And by the time I get her passport I will have two months to my ILR at which time I can include her in my application or can I? And plus is it going to be a problem if I apply for my daughter's visa 6 months after she was born?
Need help. Really appreciate your kind responses.
Thanks
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vinny
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Post by vinny » Sat Sep 17, 2011 12:38 am

If daughter was born in the UK, then you may include her in your ILR application. However, there is no need to do so unless she's travelling.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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outofthebox
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Thanks

Post by outofthebox » Sat Sep 17, 2011 12:50 pm

Vinny
Many thanks for the courteous response. I am not travelling and therefore I am not going to include her in my application and rather register her after I hopefully get my ILR.
However, the question of my wife's application still remains. I am not sure if the two years period mentioned for spouse in settlement means two years from the date of marriage or two years from her entering the UK. We got married in Jan 2009 but she joined me in UK in August 2010. Can I apply for her ILR with mine? will really appreciate if someone could provide the answer.
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geriatrix
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Post by geriatrix » Sat Sep 17, 2011 2:13 pm

The earliest your spouse may apply for settlement is August 2012. So you cannot include her as a dependant in your settlement application if you wish to apply for settlement in Jan 2012.

She should apply for FLR(M) after you are granted settlement and before her current leave expires / she travels abroad.

Alternatively, defer your settlement application until you spouse becomes eligible and then apply together.
Life isn't fair, but you can be!
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outofthebox
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Post by outofthebox » Sat Sep 17, 2011 6:47 pm

Thanks very much!! That is very helpful!!
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