ILR Dependant visa for wife and kid - Wife ILR at Risk?

applefan123 · Post by **applefan123** » Wed Jul 17, 2013 5:04 pm

Hi,

I have recently got ILR (WP+Tier2-ICT : 5 years route)
My wife came into UK as WP dependent in July 2010.
Extended her WP dependent visa to Tier2ICT dependent in Sept 2012 (as my 5 year WP was about to expire).
Her Tier2 dependent visa is now valid till Sept 2015

She is current in India for baby delivery (Left UK in Jan 2013).

I am planning to apply ILR dependent visa from India for both mother and kid.
Since she entered UK as Tier2 dependent in July 2010 and lived in UK for more than 2 years, she is eligible for ILR.

Now, changing her status to ILR Dependent in India, Does she lose her eligibility for ILR and has to wait for more 5 years?

I hope, I have following two options:

Option1:
Leave kid in India.
Wife travel back to UK on existing Tier2 dependant visa
Apply for ILR
Wife goes back to India and apply ILR dependant for KID.

Option2:
Apply ILR Dependant visa for both mother and kid.
Both travel to UK.
Apply ILR for both (Hope changing from Tier2 Dependent to ILR Dependent does not lose her current 2 year ILR eligibility?)

Please advice???

Many Thanks in Advance!!

Post by **vinny** » Thu Jul 18, 2013 4:19 am

I think that child may apply for a PBS dependant entry clearance, in line with your wife's PBS dependant leave.

applefan123 · Post by **applefan123** » Thu Jul 18, 2013 6:17 am

Thanks Vinny for quick response.

Do you mean that without changing my wife current Tier2 dependent visa, just apply only for child's visa as Tier2 dependant?
If Yes, will the visa officer in INDIA does not check father's visa status?
My wife is not working, so she do not have any financial support documents. Can she submit my bank statements?

This would be my option3 then:
No change to wife's Tier2 dependent visa,
Apply Tier2 dependent visa for Kid only.
Bring both to UK.
Apply ILR for both wife and Kid.

Apart from above, again my question would be:
changing wife's visa to ILR Dependant in India, Does she lose her current 2 year eligibility for ILR?

Sorry for asking so many questions. But quick suggestions from experts also would be highly appreciated.

Post by **vinny** » Thu Jul 18, 2013 10:59 am

As implied, I think that your wife may continue as a PBS dependant, without risking her qualifying eligibility period for ILR.

Therefore, your child may also apply as a PBS dependant.

I'm not sure if the transitional provisions are applicable if she applies for entry clearance as the spouse of an ILR holder.

applefan123 · Post by **applefan123** » Thu Jul 18, 2013 11:25 am

Thank You vinny for your response.

Can you please clarify, when my wife applies for our baby visa in India, Do I need to submit my visa details?
For financial requirements, I need to submit my bank statements.
If Yes, can there by any objections as father is on ILR, Mother on T2 dependant?

Post by **vinny** » Thu Jul 18, 2013 11:29 am

Click on given links for more details.

applefan123 · Post by **applefan123** » Sat Jul 20, 2013 12:00 am

Hi Vinny,

I had gone through the above links in details and found that:

1. My wife can come back to UK on her Tier2 dependent visa though I am on ILR now.
2. Child can apply for Tier2 dependent visa.

But, lot of confusion on what exact application form and documents my wife has to submit when applying for child's tier2 dependent visa.
Can you please let me know application form name and list of documents to submit?

applefan123 · Post by **applefan123** » Sun Jul 21, 2013 10:44 am

Experts & Gurus,

Your quick advice / suggestions will help to proceed further.
Please let me know the best option to choose from above 3?

Thanks

Post by **Amber** » Sun Jul 21, 2013 11:02 am

See also, Children of British citizens and settled people (click) as you wife is eligible for settlement.

applefan123 · Post by **applefan123** » Mon Jul 22, 2013 3:47 pm

Hi Amber,

This link is taking me to 'ILR Dependent' section.

Can my child with ILR Dependent visa and my wife with Tier 2 dependent visa enter UK with out any issues at immigration? (Mother and child will be on two different visa)

Thanks

Post by **Amber** » Mon Jul 22, 2013 4:20 pm

If they both have valid visas there shouldn't be an issue.

T1ilr · Post by **T1ilr** » Mon Jul 22, 2013 4:33 pm

Hello,

I am on a similar situation too.

I am T1G due for ILR first week of Dec, 13.

My wife had left for India on 3rd July, 2013 for child birth and she is on dependent visa with rules in place before 9th July, 2012 and visa valid till 26.01.2014.

Child birth due date is in October, 2013.

I am planning to apply for child's visa soon after birth as T1G dependent and have requested my wife to travel back to UK 10 days before her visa expires. This is in order to retain 2 year route and avoid getting into 5 year route.

The reason why she travelled to India was to get the comfort of being amongst friends n relatives.

After she arrives in UK, we are planning to file visa extension for my wife and kid.

My question is,

a) will there be any issues at Heathrow immigration if my wife travels 10 days before her visa expiry.

b) Hopefully, I will be on ILR then when wife + kid travels back to UK, how is it going to go with immigration again with me as settled and wife+kid still as 'T1G dependent'.

Please can someone suggest?

Post by **Amber** » Mon Jul 22, 2013 4:44 pm

Should be fine, if you settle as a PBS applicant you will be looking at extending your wife's PBS dep visa or applying for her settlement.

T1ilr · Post by **T1ilr** » Mon Jul 22, 2013 5:19 pm

Thanks Amber.

My wife originally came to UK on 15th June, 2012 as my dependent.

Originally she would've qualified for ILR on 15th June, 2014.

Now that she is away for 6.5 months, can she apply for ILR on 15th June, 2014 or does she have to compensate for the time she was away from UK in order to qualify for ILR?

Many thanks.

Post by **Amber** » Mon Jul 22, 2013 5:35 pm

Absences should be limited and for a good reason 6.5 months may be limited and maternity for family and culture should be a good reason. It's up to the discretion of the caseworker, returning 4 weeks before might be better, if possible.

T1ilr · Post by **T1ilr** » Mon Jul 22, 2013 6:52 pm

Thanks again.

applefan123 · Post by **applefan123** » Mon Jul 22, 2013 7:06 pm

D4109125 wrote:If they both have valid visas there shouldn't be an issue.

Thank You Amber.

One more clarification please.
When my wife and kid are back in UK with Tier 2 Dependent and ILR Dependent respectively, can I include my Kid for ILR with my wife's ILR Application or Kids ILR has to be handled separately?

Post by **vinny** » Thu Oct 24, 2013 9:17 am

applefan123 wrote:I Got ILR via 5 year stay with Tier 2 sponsored company
Wife - Tier 2 Dependent Visa
Baby Delivered in India.

I am no more working for above Tier 2 Company.

Please, answers required for below two questions:
1. Can my wife travel back to UK with existing Tier 2 Visa?
2. What visa should I apply for baby?

applefan123 · Post by **applefan123** » Thu Oct 24, 2013 9:42 am

I am NO more working for the company which sponsored my Tier 2 Visa.
Can my wife in India apply for my kid as Tier 2 dependent visa with my bank statements as financial support? Please clarify.

applefan123 · Post by **applefan123** » Thu Oct 24, 2013 9:40 pm

Please can anyone share your inputs asap?

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