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ILR visa 10 years -Dependent visa questions.

Posted: Mon Apr 08, 2019 8:23 pm
by Aarav_ja
Dear Members,

Currently, I am on Tier-2 General visa & planning to apply ILR end of this month on the basis of 10 years (I came in UK-May 2009). I have a few questions regarding my wife's & Son's dependent visa.
I have seen one solicitor but I am not sure if his opinion is correct.

Please, could you provide your suggestions?

1) My son born in the UK & he has got Indian passport and currently he is on dependent visa also we have traveled 3 times to India after he was born – My solicitor is saying once I get an ILR. My son can direct register for British citizen without going to a dependent visa. Please suggest is this possible?

2) My Wife has joined me in August -2012 & she is also on dependent visa. She will complete her 10 years in August-2022. My solicitor is saying during my ILR visa processing I can apply for FLR (M) visa. Once, I get an ILR then I can apply my wife's ILR dependent visa & in August-2022 she can apply ILR on the basis of 10 years. Please suggest is this possible?

3) If we apply my wife's FLR (M) visa will it break her continuous 10 years residency period?

Thank you very much in advance.

Re: ILR visa 10 years -Dependent visa questions.

Posted: Mon Apr 08, 2019 9:56 pm
by CR001
1) My son born in the UK & he has got Indian passport and currently he is on dependent visa also we have traveled 3 times to India after he was born – My solicitor is saying once I get an ILR. My son can direct register for British citizen without going to a dependent visa. Please suggest is this possible?
Correct. A UK born child has an entitlement to register as British under section 1(3) of the Nationality act once EITHER parent is granted ILR. His travel is irrelevant.
2) My Wife has joined me in August -2012 & she is also on dependent visa. She will complete her 10 years in August-2022. My solicitor is saying during my ILR visa processing I can apply for FLR (M) visa. Once, I get an ILR then I can apply my wife's ILR dependent visa & in August-2022 she can apply ILR on the basis of 10 years. Please suggest is this possible?
Correct yes.
3) If we apply my wife's FLR (M) visa will it break her continuous 10 years residency period?

No. It resets the 5 year ILR clock. For long residence ILR, ALL visas count.

Re: ILR visa 10 years -Dependent visa questions.

Posted: Tue Apr 09, 2019 12:11 am
by Aarav_ja
Dear CR001.
Thank you very much for your reply. really appreciate.