ILR for Spouse & Child

[AA321]

Hi,

I have received my ILR in Jan'2016 (ICT 5 years route) and my spouse & child are holding Tier-2 dependent visa now and its still valid until 2017. I am planning to apply ILR for them now.

My spouse entered UK in Nov'2010, so eligible on 2 year route now. My child is 3 years old (entered UK in Oct'2013).

1) I am thinking of doing through Postal Application and just reading through this thread I wonder the 6 months timelines is getting applied for almost all application or depends on the complexity.

2) I have been following the immigration updates and so far the changes from Apr'2017 are only on Tier-2. Is there any change on ILR & Naturalisation.

Thanks in anticipation.

[iworker]

No changes announced so far.
I think you will have to do the applications separately for the two dependents.
Your daughter has not completed 5 years, so not eligible yet. You should apply for your wife ilr first, once she gets it, then your daughter will be eligible too since both parents on ir.

[CR001]

No changes announced so far.
I think you will have to do the applications separately for the two dependents.
Your daughter has not completed 5 years, so not eligible yet. You should apply for your wife ilr first, once she gets it, then your daughter will be eligible too since both parents on ir.

Child can apply with mother.

[KHUSHA]

Hi AA321
There are different rules for UK born child and foreign born child. If your child is born in the UK, she is eligible for immediate citizenship by 'citizenship by registration', if that helps. For children born outside UK, both parents need to have citizenship.

[Casa]

Hi AA321
There are different rules for UK born child and foreign born child. If your child is born in the UK, she is eligible for immediate citizenship by 'citizenship by registration', if that helps. For children born outside UK, both parents need to have citizenship.

The OP's post is about settlement (ILR) not British citizenship.

[CR001]

Hi AA321
There are different rules for UK born child and foreign born child. If your child is born in the UK, she is eligible for immediate citizenship by 'citizenship by registration', if that helps. For children born outside UK, both parents need to have citizenship.

And the child appears to have been born abroad as 'entered the UK in 2013'. Child will be expected to hold ILR to qualify for citizenship.

[AA321]

All,

Thanks for the reply.

1) My Spouse Application would be
First Entry to UK 21-Nov-2010
Out - UK In - UK Total Days
12-Nov-12 12-Oct-13 334
04-Nov-15 04-Mar-16 121

Continuous Period Split (20-Nov-2016 Application Date)
Days Absence
20-Nov-15 20-Nov-16 73
20-Nov-14 20-Nov-15 47
20-Nov-13 20-Nov-14 0
20-Nov-12 20-Nov-13 294
20-Nov-11 20-Nov-12 39

2) My Kid Application would be
First Entry to UK 12-Oct-2013
Out - UK In - UK Total Days
04-Nov-15 04-Mar-16 121

Continuous Period Split (20-Nov-2016 Application Date)
Days Absence
20-Nov-15 20-Nov-16 73
20-Nov-14 20-Nov-15 47
20-Nov-13 20-Nov-14 0

I hope the above calculation should be fine, Please correct me if am wrong. My spouse entered in 2010 and I hope only 2 years would be counted for her not 5 years.

As per CR001 comment, I can do my child's application also with my wife. I understand from other thread that both of them has to get their ILR to apply for citizenship and can't apply directly once I get my citizenship.

3) I am thinking of doing through Postal Application and just reading through this thread I wonder the 6 months timelines is getting applied for almost all application or depends on the complexity.

Many thanks in anticipation.

[AA321]

Experts,

Any support on my queries would be very helpful to me

Thanks

[AA321]

Experts,

Any support on my queries would be very helpful to me

Thanks

[CR001]

What is your question?

There is no absence limit for PBS Dependents.

[AA321]

Thanks CR001,

If there is no absence limit for PBS Dependants, I can go-ahead with my Spouse & child ILR applications ASAP.

3) I am thinking of doing through Postal Application and just reading through this thread I wonder whether the 6 months timelines is getting applied for almost all applications or depends on the complexity.

How this works?

[CR001]

Postal can take a couple of months or many months, it varies.

[AA321]

Hi,

Thanks experts for all your inputs.
I am preparing my Spouse & Child's postal application for ILR and bit confused which application form I should choose.

I was on Tier-2 ICT and converted to ILR. My Spouse & Child are in Tier-2 PBS dependent now and I hope I should use SET (O) for both of the same. can anyone clarify on this.

Also, the document list will be.

1) My Spouse Passport
2) My Spouse BRP
3) My Child Passport
4) My Child BRP
5) My Spouse Application form. ? is it SET (O)
6) My Child Application form. ? is it SET (O)
7) My Spouse Life In UK Certificate
My Spouse UK Naric - English Assessment Letter
9) My Spouse UK Naric - Comparability Letter
10) Council tax Letter - For Cohabitation
11) Tenancy agreement - For Cohabitation
12) My Spouse Bank Statement - ONLY for Cohabitation (not for financial aspect)
13) Marriage certificate
14) I can also include my recent payslips & Bank statement (for financial aspect)

Any other document to consider.?

Your response would be very much appreciated.

[CR001]

5) My Spouse Application form. ? is it SET (O)
6) My Child Application form. ? is it SET (O)

Yes, you can use one form for both of them together.

[AA321]

Thanks CR001, I will use the same SET(O) application for my Spouse & Child. One clarification, Should I enter my spouse details in 'Section 1 -As Main Applicant' OR in 'Section 2- As Dependant'.

Also can you please provide your view on the other documents I have listed

[CR001]

Thanks CR001, I will use the same SET(O) application for my Spouse & Child. One clarification, Should I enter my spouse details in 'Section 1 -As Main Applicant' OR in 'Section 2- As Dependant'. Yes, the bold underlined one.

Also can you please provide your view on the other documents I have listed Suggest wait for others to comment.

Also, please note the big red text in my signature, thank you.

[AA321]

HI Experts,

Can you please provide your view on my document list.

Regards,
Ganapathy.S

[vinny]

All,

Thanks for the reply.

1) My Spouse Application would be
First Entry to UK 21-Nov-2010
Out - UK In - UK Total Days
12-Nov-12 12-Oct-13 334
04-Nov-15 04-Mar-16 121

Continuous Period Split (20-Nov-2016 Application Date)
Days Absence
20-Nov-15 20-Nov-16 73
20-Nov-14 20-Nov-15 47
20-Nov-13 20-Nov-14 0
20-Nov-12 20-Nov-13 294
20-Nov-11 20-Nov-12 39

Unfortunately, the recent changes may break her continuous leave.

[CR001]

All,

Thanks for the reply.

1) My Spouse Application would be
First Entry to UK 21-Nov-2010
Out - UK In - UK Total Days
12-Nov-12 12-Oct-13 334
04-Nov-15 04-Mar-16 121

Continuous Period Split (20-Nov-2016 Application Date)
Days Absence
20-Nov-15 20-Nov-16 73
20-Nov-14 20-Nov-15 47
20-Nov-13 20-Nov-14 0
20-Nov-12 20-Nov-13 294
20-Nov-11 20-Nov-12 39

Unfortunately, the recent changes may break her continuous leave.

Even if the spouse is a pre 9 July 2012 applicant and only requires 2 years residence?

[vinny]

Seems so, if they use the current definition of continuous leave:

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):
(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules
under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years

[CR001]

Seems so, if they use the current definition of continuous leave:

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):
(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules
under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years

Thanks, harsh for those who didn't plan accordingly and think 'residence' was not that important.

[AA321]

Thanks Vinny & CR001.

But my spouse case would be as mentioned below as on today,

First Entry to UK 21-Nov-2010
Out - UK In - UK Total Days
12-Nov-12 12-Oct-13 334
04-Nov-15 04-Mar-16 121

Continuous Period Split (10-Mar-2017 Application Date)
Days Absence
10-Mar-16 10-Mar-17 0
10-Mar-16 10-Mar-16 120
10-Mar-14 10-Mar-15 0
10-Mar-13 10-Mar-14 214
10-Mar-12 10-Mar-13 119

The per the updated rule you have specified also ('the specified period is 2 years') the continuous period is only 2 years. Is my understanding correct.?

I am bit nervous now.

[CR001]

10-Mar-13 10-Mar-14 214

This is the period that broke her continuity of residence (therefore not continuous leave), which would then put her on the new 5 year route as it is after July 2012, if my understanding is correct of what vinny posted. It would be 2 years as a pre July 2012 dependetn, if she did not break her residence with such a big absence

Below from another topic where vinny posted.

Her continuous leave may be broken after she spent more than six months per 12 months cycle outside the UK.

In paragraph 319E(d)(ii) insert after (c):
“In this sub-paragraph “continuous” means an unbroken period and for this purpose a period shall not be considered to have been broken in any of the circumstances set out in paragraph 245AAA(a)(i) to (iii).”.

[AA321]

Oops. Not sure how I missed this update.

Not to complicate further, can you provide your view if I go for Premium Service on 25-Apr-2017 and my spouse split will be as mentioned below.

1) My Spouse Application would be
First Entry to UK 21-Nov-2010
Out - UK In - UK Total Days
27-Apr-12 30-Apr-12 2
20-Jun-16 26-Jun-16 5
12-Nov-12 12-Oct-13 334
04-Nov-15 04-Mar-16 121

Continuous Period Split (25-Apr-2017 Application Date)
Days Absence
25-Apr-16 25-Apr-17 0
25-Apr-16 25-Apr-16 120
25-Apr-14 25-Apr-15 0
25-Apr-13 25-Apr-14 168
25-Apr-12 25-Apr-13 172

Will this be alright. Anything to consider for my 4 year Child Application.

[CR001]

Yes, that would likely work.