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ILR for Wife and Newborn

Posted: Fri Sep 16, 2011 8:28 pm
by outofthebox
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

Posted: Sat Sep 17, 2011 12:38 am
by vinny
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.

Thanks

Posted: Sat Sep 17, 2011 12:50 pm
by outofthebox
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.

Posted: Sat Sep 17, 2011 2:13 pm
by geriatrix
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.

Posted: Sat Sep 17, 2011 6:47 pm
by outofthebox
Thanks very much!! That is very helpful!!