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Parents got ILR-a child still with PBS dependent visa

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

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camanus2
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Parents got ILR-a child still with PBS dependent visa

Post by camanus2 » Thu Feb 02, 2017 1:39 pm

Dear Sir/Madam
My wife and I recently got ILR based on Long residence. We do have a child who is still on PBS dependent visa Exp. on July 2017. My child born outside the UK, and he got a 10 years period of continuous residence in the UK as well. We all lives in the UK.
My questions:
(A) Could I apply him (1) directly for British citizen using Form (MN1); OR (2) it is better to go for ILR (LR) like us?
(B) The validity of his PBS dependent visa. Is it valid or not. i.e. Is there any issue if I apply for him within 2-3 months from our ILR issue date?

Your urgent help will be highly appreciated.
Looking forward to hear from you
Regards
C

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CR001
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Re: Parents got ILR-a child still with PBS dependent visa

Post by CR001 » Thu Feb 02, 2017 1:49 pm

(A) Could I apply him (1) directly for British citizen using Form (MN1); OR (2) it is better to go for ILR (LR) like us?
A child born abroad is expected to hold ILR and will usually only qualify for citizenship when either or both parent(s) apply for citizenship.
(B) The validity of his PBS dependent visa. Is it valid or not. i.e. Is there any issue if I apply for him within 2-3 months from our ILR issue date?
Technically no it is not. But if he is not traveling out of the UK, it should be fine.
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camanus2
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Re: Parents got ILR-a child still with PBS dependent visa

Post by camanus2 » Thu Feb 02, 2017 2:46 pm

Thanks for your kind reply.
Want to make sure of what I understood:
It is better to apply for ILR (LR) based on his own travel history.
Obviously will try to make it as soon as possible but
Is there any issue if I apply for him within 2-3 months from parents’’ ILR issue date? Is there any document or previous experience related to that?

your reply really appreciated

C

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Re: Parents got ILR-a child still with PBS dependent visa

Post by CR001 » Thu Feb 02, 2017 3:04 pm

camanus2 wrote:Thanks for your kind reply.
Want to make sure of what I understood:
It is better to apply for ILR (LR) based on his own travel history. Correct. You can use Set(LR) or Set(F) I believe.
Obviously will try to make it as soon as possible but
Is there any issue if I apply for him within 2-3 months from parents’’ ILR issue date? Should be fine but it must be before his visa expires.

Is there any document or previous experience related to that? Read the guidance notes, the same will apply to the child.

your reply really appreciated

C
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camanus2
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Re: Parents got ILR-a child still with PBS dependent visa

Post by camanus2 » Thu Feb 02, 2017 3:28 pm

Many thanks that was really helpful.
Which guidance notes did you mean? Would you be able to provide a link?

I was looking for any document or previous experience related to an issue of the validity of my Kid PBS dependent visa. “Is there any issue if I apply for them within 2-3 months from parents’’ ILR issue date? Would it be OK to travel with him in and out of the UK with the current visa situation?”

Regards
C

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Re: Parents got ILR-a child still with PBS dependent visa

Post by CR001 » Thu Feb 02, 2017 3:38 pm

camanus2 wrote:Many thanks that was really helpful.
Which guidance notes did you mean? Would you be able to provide a link? https://www.gov.uk/government/uploads/s ... _11-16.pdf and https://www.gov.uk/government/uploads/s ... _11-16.pdf

I was looking for any document or previous experience related to an issue of the validity of my Kid PBS dependent visa. “Is there any issue if I apply for them within 2-3 months from parents’’ ILR issue date? Yes, it is fine provided he does not travel.

Would it be OK to travel with him in and out of the UK with the current visa situation?” Risky, suggest do ILR first.

Regards
C
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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camanus2
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Re: Parents got ILR-a child still with PBS dependent visa

Post by camanus2 » Thu Feb 02, 2017 3:59 pm

Nice one! That was really supportive.

camanus2
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Re: Parents got ILR-a child still with PBS dependent visa

Post by camanus2 » Mon Feb 06, 2017 12:30 pm

Dear Sir/Madam
My wife and I recently (Jan 2017) applied and got ILR based on Long residence. My Child who is 10 and a half years old ( born out of the UK) had exactly the same continuous 10 years history of living in the UK ( Like us).
I’m confusing regarding which form I need ((Better to)) Use for him. Set (LR) like us or set (F)????

I read both guidance notes and it seems much easier to go with set (LR).

Any advice will be much appreciated

Regards
C

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Re: Parents got ILR-a child still with PBS dependent visa

Post by vinny » Mon Feb 06, 2017 12:41 pm

Your choice.

SET(F) may be easier as it only depends on parents' ILRs and not period of child's residence in the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

camanus2
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Re: Parents got ILR-a child still with PBS dependent visa

Post by camanus2 » Mon Feb 06, 2017 1:06 pm

Many thanks

Regards
C

camanus2
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Re: Parents got ILR-a child still with PBS dependent visa

Post by camanus2 » Sat Feb 25, 2017 3:05 pm

I'd like to let you know that my big boy just got his ILR (LR). THANKS FOR YOUR HELP.

I do have a question regarding my second child who born in the UK IN 2008. I'd like to apply for UK citizenship for her using MN1 form based on section 1(3). One of the supporting document is Marriage certificate which i don't have!
is it one of the mandatory document?
My wife was my dependent throughout our immigration history (around 9 different types of visas before we get ILR) and we have never been asked for such document

Would it be OK if I apply without it (Marriage certificate)??

regards
C

vinny
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Re: Parents got ILR-a child still with PBS dependent visa

Post by vinny » Sat Feb 25, 2017 3:12 pm

Not mandatory, if mother has ILR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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