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Need Help regarding Eligibility for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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edin972
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Need Help regarding Eligibility for ILR

Post by edin972 » Fri Nov 18, 2016 12:05 pm

Hi

I am on Tier 2 General visa and my Extension is due on September 2017.
I have 2 kids one of them born in UK 4 Years ago (Will be 5 years in May 2017)
Elder kid born in India but She will be 7 years in August 2017(6 years and 1 month in Continuous in UK)

Please advice if i can apply ILR on any of the above basis.They both are going to school and well being in UK.

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CR001
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Re: Need Help regarding Eligibility for ILR

Post by CR001 » Fri Nov 18, 2016 12:37 pm

edin972 wrote:Hi

I am on Tier 2 General visa and my Extension is due on September 2017.
I have 2 kids one of them born in UK 4 Years ago (Will be 5 years in May 2017)
Elder kid born in India but She will be 7 years in August 2017(6 years and 1 month in Continuous in UK)

Please advice if i can apply ILR on any of the above basis.They both are going to school and well being in UK.
No, not based on your kids if that is what you are asking.
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ohara
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Re: Need Help regarding Eligibility for ILR

Post by ohara » Fri Nov 18, 2016 1:20 pm

CR001 wrote:
edin972 wrote:Hi

I am on Tier 2 General visa and my Extension is due on September 2017.
I have 2 kids one of them born in UK 4 Years ago (Will be 5 years in May 2017)
Elder kid born in India but She will be 7 years in August 2017(6 years and 1 month in Continuous in UK)

Please advice if i can apply ILR on any of the above basis.They both are going to school and well being in UK.
No, not based on your kids if that is what you are asking.
I think OP is asking about ILR eligibility FOR his kids, not his own based on the kids :?

secret.simon
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Re: Need Help regarding Eligibility for ILR

Post by secret.simon » Fri Nov 18, 2016 1:35 pm

You can not apply for ILR based on the status of your children, if that is your question. You will need to complete five years of T2G (or 10 years of ILR LR) and meet their requirements to get ILR.

Once you have ILR, your UK born child can be registered directly as a British citizen.

The status of your elder child born in India will be in line with that of the less-privileged parent and s/he will be eligible for ILR with the ILR applicationof the less-privileged parent. So, what is the immigration status (with dates) of the other parent?
ohara wrote:I think OP is asking about ILR eligibility FOR his kids, not his own based on the kids :?
I think the OP could also be thinking of the old 7 year rule that allowed ILR after seven years of residence for children, but that was abolished a few years ago (2012, perhaps?).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: Need Help regarding Eligibility for ILR

Post by vinny » Fri Nov 18, 2016 1:58 pm

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edin972
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Re: Need Help regarding Eligibility for ILR

Post by edin972 » Fri Nov 18, 2016 6:12 pm

Thank you all for your kind replies,

My company is going to close in April 2017 due to internal problems among directors.They asked us to look for any alternative and its difficult for me to find another sponsor. Please advice if there are any ways to extent or settle my stay.I like this country and it will be difficult for my family to go back.

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CR001
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Re: Need Help regarding Eligibility for ILR

Post by CR001 » Fri Nov 18, 2016 8:59 pm

You either have to find another Tier 2 sponsor or your spouse will have to find a sponsor or look into Tier 4 student visa if either of you qualify.

There isn't a route to ILR based on your children.
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edin972
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Re: Need Help regarding Eligibility for ILR

Post by edin972 » Fri Nov 18, 2016 9:04 pm

Thanks CR001 for your advice,

Is it possible for my wife to go on Tier 4 from my dependent,
I thought Dependent to Tier 4 switching is not possible from In country.
I will try for another sponsor if not i shall think of the above advice.

Many thanks

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Re: Need Help regarding Eligibility for ILR

Post by CR001 » Fri Nov 18, 2016 10:45 pm

I understand that she would have to apply from home country.

https://www.gov.uk/tier-4-general-visa/ ... -this-visa
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edin972
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Re: Need Help regarding Eligibility for ILR

Post by edin972 » Sat Nov 19, 2016 2:05 pm

Thanks for your advices ,

I really don't know wht to do now nd I confused .
It was all going well to company.

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