Eligibility for Ilr

saziamohamad · Post by **saziamohamad** » Sun Feb 05, 2012 4:59 pm

Hi My husband got ILR in Oct 2011. I was living with my husband in UK for 3 years as workpermit dependent and worked full time. I hve got daughter born in UK. I had to came back with my daughter to my home country India for personal reason. My visa expired in Oct 2011. Now If my husband apply for me and my daughter's visa will I be able to get ILR? as we already married and lived together for 6 years. and in UK 3 years. Me and my husband totally confused pls help me!

Post by **Obie** » Sun Feb 05, 2012 6:18 pm

You seem to meet the requirement under 319E (d). Therefore you should have applied for ILR at the same time as your spouse.

Due to the fact you don't meet the requirement in 319E (b) at this present time, you will need to apply for FLR(M) for 2 years and then apply for ILR after.

Children born overseas could be put as dependent on your application as they will not qualify for ILR now under Par 297, as they don't meet requirements of 297 i (a) or (b).

Daughter born in UK could be registered for British Citizenship.

It seems a bit unfair for you.

Post by **vinny** » Mon Feb 06, 2012 2:56 am

You may apply for a spouse visa.
Child may apply for a child settlement visa or register as a British citizen, etc.

saziamohamad · Post by **saziamohamad** » Mon Feb 06, 2012 3:12 am

I don't understant why I have to apply for FLR as me and my husband lived together in UK for 3 years and we have been married since 6 years. i have to leave UK for personal reasons and currently I am in India since 14 months. My daughter born there in UK so can I put her application to register as British citizen by myself or her dad needs to do that? I have to come to UK and do it or I can do that while I am here?

I have worked legally there for 3 years. This is unfair.

Post by **vinny** » Mon Feb 06, 2012 6:01 am

Note that if you're outside the UK, then you cannot apply for FLR(M) nor settlement.

saziamohamad · Post by **saziamohamad** » Mon Feb 06, 2012 7:38 am

Then on which visa I should come to UK? And what visa my daughter will come there?

Post by **vinny** » Mon Feb 06, 2012 8:02 am

saziamohamad wrote:Then on which visa I should come to UK? And what visa my daughter will come there?

vinny wrote:You may apply for a spouse visa.
Child may apply for a child settlement visa or register as a British citizen, etc.

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