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Dependant wait for ILR

Posted: Mon Apr 08, 2019 11:28 am
by akash68696
Hi,

I am on Tier2 ICT (pre-Apr 2011 rules) which makes me wait for 10 years for my ILR. It is due in Apr 2021.

Dates:
My first visa date : 20 December 2010
My arrival date into UK date: 02 May 2011

Since then I am in the UK other than few weeks of holiday (NOT crossing the 1.5 yrs in total and 6 months at a stretch which are the limits for 10 year ILR route)

Wife arrival date : 25 April 2012

Other than few weeks of holiday she has breaks from UK (7 months and 1 year) due to deliveries of our children in 2 occasion. Because of this she will not get the ILR in Apr 2022.

1. When will she be eligible for ILR
2. When will my children (born in June 2014 and born in Nov 2016) be eligible for ILR.

Recently I have seen a video in which a person was saying, the dependants of British Citizen will get the ILR just after 3 years and can apply for citizenship immedaitely next day after getting the ILR. Is that correct which then makes a bit easier for my wife and children

So by going with that In our case: I get the ILR in Apr 2021 and citizenship in Apr 2022.
From then 3 years on my wife and children gets their ILR and Citizenship in Apr 2025

Correct me if I am thinking right.

Or are there any other ways which I am missing in getting mine and my dependants the ILR.

Re: Dependant wait for ILR

Posted: Mon Apr 08, 2019 11:47 am
by CR001
1. When will she be eligible for ILR
She have have to switch to FLR(M) and meet the English and Financial requirements once you get ILR based on 10 years long residence. She then has to wait 5 years before she can apply for ILR (2 x 2.5 year visas). If she meets the long residence requirements at some point (you don't state the date of her absences and returning to the UK :idea: :idea: ), then she can apply for ILR long residence. Children then apply for ILR on form SET(F).
2. When will my children (born in June 2014 and born in Nov 2016) be eligible for ILR.
As they appear to have been born abroad, they will follow the same path as your wife and will need to switch to FLR(M) too and wait 5 years for ILR.
Recently I have seen a video in which a person was saying, the dependants of British Citizen will get the ILR just after 3 years and can apply for citizenship immedaitely next day after getting the ILR. Is that correct which then makes a bit easier for my wife and children

No, ILR requires 5 years residence in a qualifying visa for all your dependents. The 2 year spouse visa was changed to 5 years a long time ago, July 2012. If you are British at that time, then yes your spouse can apply for citizenship with the children if your wife meets the 3 years residence requirement to apply for citizenship under section 6(2) of the nationality act as spouse of BC. There is no shortcut.
So by going with that In our case: I get the ILR in Apr 2021 and citizenship in Apr 2022.
From then 3 years on my wife and children gets their ILR and Citizenship in Apr 2025
No, your understanding is NOT correct.
Or are there any other ways which I am missing in getting mine and my dependants the ILR.
Unfortunately there is no shortcut. They require ILR on FLR(M) spouse/child visas.