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ILR long residency

Posted: Mon Feb 01, 2021 4:32 pm
by nairshali
Hi Team,

My husband is in the UK since 6 Jan 2014 to date and he was outside of UK for below duration.

15/06/2014 - 21/06/2014 ( away on vacation and having active visa ICT 2 short term )
03/10/2014 - 03/11/2014 ( away for visa renewal ICT long Term, Old visa expired on 5/10/2014 but applied for the visa within 28th days )
11/04/2015 - 14/04/2014 ( away on vacation and having active visa)
05/02/2016 - 29/02/2016 ( away on vacation and having active visa)
05/12/2016 - 26/12/2016 ( away on vacation and having active visa)
13/07/2017 - 30/07/2017 ( away on vacation and having active visa)
26/05/2018 - 09/10/2018 ( Project finished in the UK but working for the same employer in INDIA. Visa was curtailed till 15/08/2018 but got Student dependent visa active from 14/08/2018. He came back to the UK on 09/10/2018 Since then he is in the UK )

I would like to know will the above duration outside the UK broke the continuous stay in the UK?.
Is he still eligible for a 10-year continuous residency?

Also, He was on multiple Visa during the last 7 years ( ICT short term, ICT long term, Student Dependant, and Tier 2 general visa ). Will these different visas broke the continuity?

if my Husband is eligible for long residency, will my UK born daughter in 2015, can apply for a British passport once my husband gets ILR or she will need to first apply for ILR, and then she needs to apply for a British passport?

As a dependent of my husband will I get the ILR or do I need to complete 10 Years of continuous residency then only I will eligible for ILR?

Thanks,

Re: ILR long residency

Posted: Mon Feb 01, 2021 9:29 pm
by poper
nairshali wrote:
Mon Feb 01, 2021 4:32 pm
Hi Team,

My husband is in the UK since 6 Jan 2014 to date and he was outside of UK for below duration.

15/06/2014 - 21/06/2014 ( away on vacation and having active visa ICT 2 short term )
03/10/2014 - 03/11/2014 ( away for visa renewal ICT long Term, Old visa expired on 5/10/2014 but applied for the visa within 28th days )
11/04/2015 - 14/04/2014 ( away on vacation and having active visa)
05/02/2016 - 29/02/2016 ( away on vacation and having active visa)
05/12/2016 - 26/12/2016 ( away on vacation and having active visa)
13/07/2017 - 30/07/2017 ( away on vacation and having active visa)
26/05/2018 - 09/10/2018 ( Project finished in the UK but working for the same employer in INDIA. Visa was curtailed till 15/08/2018 but got Student dependent visa active from 14/08/2018. He came back to the UK on 09/10/2018 Since then he is in the UK )

I would like to know will the above duration outside the UK broke the continuous stay in the UK?.
Is he still eligible for a 10-year continuous residency?
Appears OK for now.. He must not be out of the UK continuously for 180 days or 540 days in total

Also, He was on multiple Visa during the last 7 years ( ICT short term, ICT long term, Student Dependant, and Tier 2 general visa ). Will these different visas broke the continuity? No

if my Husband is eligible for long residency, will my UK born daughter in 2015, can apply for a British passport once my husband gets ILR Yes or she will need to first apply for ILR, and then she needs to apply for a British passport?

As a dependent of my husband will I get the ILR or do I need to complete 10 Years of continuous residency then only I will eligible for ILR?

Thanks,

Re: ILR long residency

Posted: Mon Feb 01, 2021 11:02 pm
by CULLINAN
if my Husband is eligible for long residency, will my UK born daughter in 2015, can apply for a British passport once my husband gets ILR
You will need to register your UK born daughter as a British Citizen via the MN1 route first after any parent gets ILR. Once that is approved, you can apply for a British Passport for your daughter.
£1012 application fees + £19.20 biometrics fees.

British Passport child fee £49.

Re: ILR long residency

Posted: Mon Feb 15, 2021 12:17 pm
by nairshali
Thanks, Poper and CULLINAN for all your valuable advice and comments.

1. Can I able to work on ILR dependent once my husband gets an ILR ( dependent of my Husband ILR )
Please add details if any.

2. If my daughter moves to India for now, and once my husband gets an ILR. Will, she still able to file for a British passport, or it's mandatory for her to be in the UK to file for a British passport.
How long she can outside of UK?

Thanks,

Re: ILR long residency

Posted: Tue Feb 16, 2021 2:04 am
by zimba
1. Yes
2. She must be registered online as British using form MN1 first. I advise against applying for the first passport from abroad as it could take a long time. A COE sticker in her passport will be better after she is registered. https://www.gov.uk/right-of-abode/apply ... ntitlement