Indefinite Leave to Remain application and two dependents

[kasethi]

Hi,

I am on HSMP and Tier 1 (General) Visa since 2007. I am eligible to apply for ILR in November 2012. My wife cane to UK in 2008 as HSMP dependent and then got 3 year extension with me in 2009.

I am applying for ILR next week and just wanted to clarify if I can add my wife and my daughter (born in 2011) in same application form SET (O) and apply for ILR with me?

I have read on UKBA web site that I can use one form for a joint application i.e. "You can use one form for a joint application by you, your partner and any children aged under 18, if they are applying as your dependants.".

Could some one confirm if I can apply for ILR with my wife and daughter?

Thanks,
Kashif

[wpilr_nov12]

Hi,

I am on HSMP and Tier 1 (General) Visa since 2007. I am eligible to apply for ILR in November 2012. My wife cane to UK in 2008 as HSMP dependent and then got 3 year extension with me in 2009.

I am applying for ILR next week and just wanted to clarify if I can add my wife and my daughter (born in 2011) in same application form SET (O) and apply for ILR with me?

I have read on UKBA web site that I can use one form for a joint application i.e. "You can use one form for a joint application by you, your partner and any children aged under 18, if they are applying as your dependants.".

Could some one confirm if I can apply for ILR with my wife and daughter?

Thanks,
Kashif

1. Are you aware that if your child was born in UK, then you MAY exclude the child as dependent applicant, and instead go for child's registration as a British Citizen once you get your ILR?

2. You are right about the same form for your dependents.

[geriatrix]

FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting

[kasethi]

Hi,

I am on HSMP and Tier 1 (General) Visa since 2007. I am eligible to apply for ILR in November 2012. My wife cane to UK in 2008 as HSMP dependent and then got 3 year extension with me in 2009.

I am applying for ILR next week and just wanted to clarify if I can add my wife and my daughter (born in 2011) in same application form SET (O) and apply for ILR with me?

I have read on UKBA web site that I can use one form for a joint application i.e. "You can use one form for a joint application by you, your partner and any children aged under 18, if they are applying as your dependants.".

Could some one confirm if I can apply for ILR with my wife and daughter?

Thanks,
Kashif

1. Are you aware that if your child was born in UK, then you MAY exclude the child as dependent applicant, and instead go for child's registration as a British Citizen once you get your ILR?

2. You are right about the same form for your dependents.

Thanks for your quick reply, my daughter dependent visa is expiring on 6 November 2012. If I get my IRL after 6 November 2012 can I can apply for her British Citizen?

I am going for premium service, if I am not applying for child visa with me can I take her to the home office with us?

Thanks,

[wpilr_nov12]

For children born in UK, the rule of thumb is: if you do not have immediate travel plans (about 6 months by current trend), then it is not necessary to include those children in your ILR application as dependents. The fact that those children might currently have their own 'dependent' visa is not relevant in this situation.

After you get your ILR (and the Biometric card), you can apply for your daughter's registration as a British Citizen.

It is perfectly OK to take your child with you to the PEO, but be prepared for the endless wait and movement of people. Whether it is going to be inconvenient to your daughter depends on which PEO you are at. UKBA website/page on PEO's have useful information. I am taking my 2 kids (2 and 4) to my PEO in Cardiff due to logistical conveniences.

[RKpro]

I am a Tier 2 (General) immigrant and my kids have Tier 2 dependant BRP at the moment. I have no plan to travel over next 12 months. If I apply for ILR now with my spouse (having Tier 2 dependant BRP), do I need to included my kids as well?

Regards
RK

[wpilr_nov12]

..... do I need to included my kids as well?

Regards
RK

entirely up to you, but one would fail to see the wisdom in it.

but the overarching question remains- was the child/children born in the UK?

[RKpro]

Yes, my children born in UK & I was Tier 2 (General) migrant at the time of their birth. I am still a Tier 2 migrant.

What I gather from your reply is that once I get ILR, I should then separately apply to register the kids for British Citizenship.

Please confirm if the above is OK. Sorry for inquiring further.

Thanks for your kind help.

Regards
RK

[wpilr_nov12]

Read http://www.immigrationboards.com/viewtopic.php?t=79378 Q29 onwards.

[vivekmarwah]

As per the British Nationality act

http://www.legislation.gov.uk/ukpga/198 ... y-c1682821

A child born in UK can apply for British Citizenship once one or both parents get settled in UK or get British citizenship. It si called entitlement as per the guideline provided in MN1 Form Guidelines. This document is available in UKBA website. The extract (Page 9 First Para) from the MN1 form guideline states:

"Entitlement to registration as a British citizen
Children born in the UK - Section 1 (3) and 1 (3A) application
Section 1 (3)
A child born in the UK whose parents are not British citizens and were not settled in the UK (see page 6) will have an entitlement to register when their parents become settled in the UK or become British citizens."

[Ozair]

After you get your ILR (and the Biometric card), you can apply for your daughter's registration as a British Citizen.

I was in a similar situation. Applied for myself and my wife for ILR on 3rd October. I did not include my son on the application form and he has no visa. I have just applied for my son's registration as British citizen today through a nationality checking service and they accepted the letter of approval from home office which you get if your application for ILR is successful.

The nationality checking service contacted home office to confirm if they would accept this letter and they replied in affirmative.

So, you would save £1600 for your children's application and instead you can apply for their nationality straight away

[moksh4me]

Hi,

I've got my appointment at PEO in Cardiff for ILR application with 2 dependant with one being my 5 month old son. As you mention you choose cardiff for logistical conveniences. Could you please explain what logistical convenience do you get?
Also if I may ask how did you make your payment for your application? Cause if you are paying by bankers draft then you need to pay 6 working days before your appointment.
Couple of friends said that I should have choosen PEO croydon. But I could never manage to get appointment there. I just want to get assurance that going to PEO cardiff should not be an issue at all.

Thanks in anticipation!

[wpilr_nov12]

My PEO date is first week Nov (hoping to change to second week). So haven't looked too deep into payment options/methods.

'Logistical conveniences' - this PEO operates like a drop-off and pick up operation. From what I have read, this is an open plan small office with very minimal waiting room/lounge space. So you will be asked to leave and return, which means the kids will not have to be there entire time suffocated.

[moksh4me]

Thanks for your reply.

My appointment is on 19th Nov 2012. So if you postpone yours to the same date then will see you around!

[crazyvish]

Hi,

I am in a similar situation where I am on Tier1 and my wife & uk born child are on Tier1 dependant visa. I am eligible to apply for an ILR anytime after 14th Dec but before 13th Jan. Due to the holiday season, there are no available PEO appointments as of now and I chose to submit a postal application (moreover it is cheaper).

I understand from the above replies that a uk born child has every right to stay in this country without any Visa and is not illegal but I have my own doubts in my situation.

My child was born in the UK in 2011, holds an Indian passport, has tier1 dependant Visa with a biometric card and has visited India on a 2 month trip earlier this year.

Now, if I make a postal application for just myself and my wife (which will take about 6 months for the outcome), the tier1 dependant visa of my child will expire in Jan 2013. Is this permissable? Can I still apply for my child's UK citizenship once we receive the ILR? Could someone please advise and point me to any official notes if there is any?

Thanking you.

[crazyvish]

I got my answer.

Thanks xyz123 for creating the below post and thanks wpilr_nov12 for pointing members to this post - http://www.immigrationboards.com/viewtopic.php?t=79378

I found my questions and answers as Q31 and Q32

I now need to decide what to do.

[kasethi]

Hi,

I have applied for ILR on 9th October 2012 on same day services, my application was referred to the chief case worker because I was out of the UK for 99 days.

My application has been approved on 8th December and received letter and passport today.

I didn't apply for my daughter with my application and will apply for her citizenship.

Kashif

[crazyvish]

Hi Kashif,

Does your daughter hold any type of dependant visa? If yes, when does it expire and when are you applying for her citizenship?