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ILR application time

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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juhi
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Joined: Thu Aug 29, 2013 3:54 pm
United Kingdom

ILR application time

Post by juhi » Fri Oct 12, 2018 12:15 pm

Hi all,
I am still not sure about our ILR approach and dates. I would be very grateful for your guidance please.
I have booked my LIUK test which is on 20th of Oct and looking on further for ILR preparation.

My 2 kids and I entered Uk on 13 Dec 2013, issued on 6th Dec 2013 (settlement visa)
We have been granted FLR (m) and BRP cards which will expire on 24 April 2019.
My question is---
---Do we apply ILR considering the date of entry OR date of issue of the settlement visa OR 28 day before the expiration of the date on BRP card.

---- How long shall we wait to apply for our children's citizenship after having received my ILR?
We aren't applying ILR for our children (10 and 7 years old) as they can apply for citizenship once I have received my ILR. As per the rule, atleast one parent has to be citizen (my husband received his citizenship in 2012) and other should have received PR( which would be me)
Please correct me if I'm getting this wrong.
Thanks in Advance

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CR001
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Re: ILR application time

Post by CR001 » Fri Oct 12, 2018 12:23 pm

--Do we apply ILR considering the date of entry OR date of issue of the settlement visa OR 28 day before the expiration of the date on BRP card.
Your residence starts from the date you entered the UK. You can apply no sooner than within 28 days before 13th December 2018.
---- How long shall we wait to apply for our children's citizenship after having received my ILR?
We aren't applying ILR for our children (10 and 7 years old) as they can apply for citizenship once I have received my ILR. As per the rule, atleast one parent has to be citizen (my husband received his citizenship in 2012) and other should have received PR( which would be me)
Please correct me if I'm getting this wrong.
If your children were born abroad, they require ILR before they can apply for citizenship. The rules does also state they must be free from immigration control, which is ILR.

It is only UK born children that do not require ILR to apply for British citizenship.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

juhi
Newbie
Posts: 49
Joined: Thu Aug 29, 2013 3:54 pm
United Kingdom

Re: ILR application time

Post by juhi » Thu Nov 15, 2018 11:23 am

Thank you for your response CR001.
I really appreciate your help as I am not able to find one accurate answer for this. I approached my local citizen bureau few weeks back, where they have asked me to call immigration Service in xxxx and they advised me to apply 4 weeks before the expiry date on the BRP cards which is 24 April 2019.
On our FLR extension Papers also it is advised to apply 28 days before the visa expires which is on 24 of April 2019. the same as on BRP card. So should we wait and apply in March or is it 28 days before my UK entry date (13 Dec 2013). We also have applied to renew one of our children's PP to be able to apply for ILR.
But Why does the dates differ so much ? I felt they counted the days from my entry and then only have issued my FLR(m) :?

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CR001
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Re: ILR application time

Post by CR001 » Thu Nov 15, 2018 11:35 am

If you applied for your extension previously by post, this is why it is valid for longer than 60 months as it iextension is valid from date of approval. You likely also had an initial visa valid for 33 months and not 30 months.

You need 60 months residence as stated in the immigration rules and you can apply within 28 days of reaching 60 months residence counted from date of entry to the UK OR before expiring of your visa, as I have already advised.

Your choice if you wait till next year but there is no need to.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

juhi
Newbie
Posts: 49
Joined: Thu Aug 29, 2013 3:54 pm
United Kingdom

Re: ILR application time

Post by juhi » Fri Nov 16, 2018 12:40 am

This is making sense now.Yes we applied for FLR through post. Thanks for clarifying CR001.
Just to make it clear, we will be applying for the PP renewal for our child soon and then apply ILR for 3 of us.(myself and 2 children) So this might take it to Dec or the next year eventually. I suppose we will be going through the new service available by UKVCAS.
Thanks once again

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