WP about to expire, timelines for ILR application

[Priyakumarh]

Hello,
Date of entry to uk - 03-01-08
My husband is on a WP while I and our kids are on dependent visas.
Our visas are due to expire on 04-12-12. I understand that we can now apply for ILR.
My husband has an in person appointment on 20-11-12 at PEO.
Will his biometrics be completed on the day and will he have his ILR on the same day?
We want to know if its worth trying for ILR now. Should we wait for his biometric card to come ( not sure how long this will take) before we apply for ILR for the rest of the family. If yes, would it be too risky as our visas expire on 04-12-12?

Please can I have an early response as we hardly have any time.

[geriatrix]

1. Biometrics will be enrolled on the same day at the PEO, assuming no technical issues on the day.
2. If the application is approved on the day, he can expect the BRP to be delivered within 10 days.

3. Applying separately / later will cost you more, specially so if the adult dependant (partner) wishes to apply in person. If main migrant's application is deferred there will be no advantage of applying separately anyways.
4. Minor WP dependant must apply for settlement at the same time as the main migrant.

[Priyakumarh]

Thank you for your quick response. Just to complicate this a little further. Our kids are both born in the uk. Our son is on dependent visa like me, but our daughter has jUst got her Indian passport. She is only a few months old. I understand that both will be able to apply for British citizenship.
Would we be able to do the below 2 together?
1. Apply for my ILR and
2. Apply for their bc
before 4.12.12?
Apologies for not mentioning earlier that we plan to apply or my ILR and kids bc by post.

[geriatrix]

1. You must apply for ILR before your current leave expires, irrespective of whether your husband's in person application has been approved or deferred.
2. Yes, if either parent has settled status by then. See also Q29 - Q32.

[Priyakumarh]

Hello again, sorry, but I seem to be confused now. Do you mean that I can apply for ILR in my own right? Even if my husband does not apply?

[geriatrix]

No, I never said that or hinted that or implied that.
Read my statement again.

You stated that your husband has an in person appointment on 20-11-12. If that is not for a settlement application then what is it for?

[wpilr_nov12]

Just out of curiosity - why haven't you opted for/considered Joint application, if your husband is applying for ILR at PEO on 20-11-12 (assuming that he is).

[Priyakumarh]

Hello again,
Sushdmehta, the appointment on 20-11-12 is for ILR only. But it's only for my husband.
WPilr-nov12, we are unable to book for any dependent on the ukba appointment booking site. It always comes up with no slots available.
Hence the idea of using the postal route for me.

I take it from other threads that the above issue does not affect our kids as they were both born here. Even though their visas expire, as long as one of us gets an ILR, we can still apply for their bc.

Assuming that my husband is successful in the in person appointment, but the brp does not come before 4-12-12, what are our options, please?

[wpilr_nov12]

...
Assuming that my husband is successful in the in person appointment, but the brp does not come before 4-12-12, what are our options, please?

If you read form MN1 (and your children will use this) it does not exactly ask if the applying child has a valid visa. So I am assuming your children won't be affected wrt your above question.

[geriatrix]

Assuming that my husband is successful in the in person appointment, but the brp does not come before 4-12-12, what are our options, please?

1. Adult dependant - Make an in-time, valid application with copy of settlement approval / acknowledgment letter before expiry of current leave.
2. UK-born child(ren) - Defer MN1 application until BRP is received or apply with copy of settlement approval letter.

[Priyakumarh]

My husband received his ILR on the 20th. Thanks for your timely answers!
Now we have to apply for:
1. My ILR.
2. Kids British citizenship.

My husband would like to travel to India for a family visit in December for a couple of weeks. Is my understanding right in thinking that this will not be possible, as although we can apply for my ILR using a copy of the ILR confirmation letter, for the kids bc, we will have to send his passport with form mn(1)?

[geriatrix]

See MN1 guide.
If you apply through NCS, you'll get to keep the father's passport (if that is required for a child's MN1 application).

Please restrict your queries in this forum to settlement. Use the relevant forums for other queries.