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ILR for partner and child

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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

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saurya_s
Member
Posts: 193
Joined: Wed Apr 05, 2006 4:27 pm

ILR for partner and child

Post by saurya_s » Mon Oct 05, 2009 11:14 pm

Hi all,
I am currently on HSMP and would be applying for ILR based on 10 years. My partner and child are on dependent visa. Now, once I get ILR, my partner will apply for ILR as we as she completes 10 year but after a month.
So if my ILR is successful, does my partner need to switch to dependent on ILR or can she stay on HSMP, completes additional month to qualify for ILR based on 10 years and apply for ILR then?
What happens to my child- does he automatically gets ILR as both his parents are on ILR or do I need to apply for a dependent ILR for him.
Thanks
S

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Oct 06, 2009 6:36 am

If partner still has leave, then I believe that she may apply for ILR under Long residence, when appropriate.

Child does not automatically get ILR. He may apply for it.

However, for children born in the UK, immediately after a parent is granted settlement/PR, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status.
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.

saurya_s
Member
Posts: 193
Joined: Wed Apr 05, 2006 4:27 pm

Post by saurya_s » Tue Oct 06, 2009 9:06 am

What happens if parents get ILR based on 10 years but the child has been born in the UK (and has been on dependent visa) before parents were granted ILR?
Thanks

saurya_s
Member
Posts: 193
Joined: Wed Apr 05, 2006 4:27 pm

Post by saurya_s » Sat Oct 10, 2009 9:15 pm

Vinny and other gurus,
Can you please shed light on the child issue- considering that both parents will have individual ILR based on 10 years of legal residence. The child will be 7 year old and has been on me as dependent.
Many thanks

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Oct 11, 2009 12:19 am

vinny wrote: However, for children born in the UK, immediately after a parent is granted settlement/PR, their child is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status.
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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