Re: Permanent Stay Application

[dikey2809]

I need guidance for the Permanent Application in UK.
I am currently on Tier 1 General Migrant Visa. My 5 years stay finishes in April 2012. so I will be eligible for applying for ILR.
I will be abe to score points as per new rules.

I have a daughter who was born in UK in 2010, i got her dependent visa and had sent her to Idia. since than she is in India.
Now while applying for my permanent settlement I will bring her here.
Will there be any problem to her application when she applies for her permanent settlement here along with mine.
as she is small and I will bring her here at the time of application in March 2012.

Please guide as I have read the immigration rules stating that the dependent has to stay in UK for 2 yrs to apply for permanent settlement.
but for minors under age of 18 rules are different.

Please someone provide guidance.

[vinny]

No problems for child with Tier 1 dependant entry clearance to be included in parent's ILR application.

However, perhaps easier to register daughter for British citizenship directly after you have been granted ILR.

[dikey2809]

Hi Vinny,
Thanks for the information.

The main issue I am facing currently is that, my wife does not have a dependent visa currently.
My wife was on IGS visa and I was on tier 1 general migrant.
I applied for my wife's dependent visa but it was rejected, but as she still had her IGS ongoing she came back to uk.
The appeal for dependent visa was through in January 2010, and in March 2010 my daughter was born.
After the appeal was allowed in UK we have to go back to India for my wife's visa stamping, which was refused stating that she overstayed and a deception charge was placed on her.

My daughter was able to get Tier 1 dependent visa, and went to stay with her mother in India.
My wife cannot apply for my dependent currently, she has to wait till I get my ILR- permanent settlement, as under the deception if she applies as dependent of permanent settlement, the deception will no longer be applicable.

The complication are my ILR is due in March as I told before, so as my daughter's as she is my dependent.
as you informed that once I get my ILR I can register my daughter for British citizenship.
But will it be a problem with this as My wife has no current visa status for UK.
Please provide guidance.

[xyz123]

as under the deception if she applies as dependent of permanent settlement, the deception will no longer be applicable.

I find that quite baffling!

[Greenie]

as under the deception if she applies as dependent of permanent settlement, the deception will no longer be applicable.

I find that quite baffling!

See 320 7B and 320 7C

[dikey2809]

7C) Paragraph 320(7B) shall not apply in the following circumstances:

(a) where the applicant is applying as:

(i) a spouse, civil partner or unmarried or same-sex partner under
paragraphs 281 or 295A,

(ii) a fiancé(e) or proposed civil partner under paragraph 290,

(iii) a parent, grandparent or other dependent relative under paragraph 317,

(iv) a person exercising rights of access to a child under paragraph 246, or

(v) a spouse, civil partner, unmarried or same-sex partner of a refugee or person with Humanitarian Protection under paragraphs 352A, 352AA, 352FA or 352FD; or


If the above applies does it mean that still there are complications to over rule 320 7b.

The question was still can I apply for my ILR and than register for my daughter's british Citizenship.

[vinny]

Hi,
Please guide me with my situation.
I am currently on Tier 1 general visa. Visa is expiring on 12 April 2012. I am completing my 5 years. I am able get 75 points needed for ILR application.
My wife is in India currently as her dependent visa was rejected in 2010.
Before that my daughter was born in UK in March 2010.
My daughter has my dependant visa.
My daughter is 2 yrs old, as I was not able to manage her here, Since december 2010 my daughter is in India with my wife.

1. I am going to bring my daughter to UK in Feb 2012. I am applying for my ILR in same day service in March 2012 (28 Days before).

Do I need to apply for my daughter's ILR as well, or can I apply for my daughter's MN1 straight after I get my ILR. If so can it be done next day after my ILR.
Also many friends has informed me that as my daughter has stayed in India she will not be able to get ILR or MN1.
Also just one parent has visa so it will be difficult for her to get her visa as ILR dependant/MN1.

Please advice as I am short of time.

However, perhaps easier to register daughter for British citizenship directly after you have been granted ILR.

Click on above link(s) (register daughter) for more information.

[dikey2809]

Please if anyone who has recently applied for ILR and registered there child for MN1 directly without applying for child's ILR can share there experience.

[dikey2809]

Thanks for the response, but I am still having some confusion with regards to registering my daughter under MN1.

My daughter was born in UK in 2010, but my wife does not have my dependent visa she is currently in India, only my daughter has my dependent visa.

I am applying for my ILR next month March 2012.

The question 1.3 asks about the Date when the child was provided ILR in this country, so it should be left blank, as I am not applying for my child’s ILR.
As well questions 1.30 to 1.38 of the MN1 application form states the details of mother. My wife is in India as her dependent visa was rejected in 2010.
I was reading the MN1 guidance form, in which I am confused about the sec 6 which states that both the parents has to give the consents with regards to application of the child. My wife is currently in India, I can get her sign the form to give consent, but will she need to provide an additional document with regards to consent she is giving for application to proceed, as she is not in UK.

With regards to above queries please guide me.



As I want to fill in my daughter’s application form.