ILR for Wife and kids

[ILR_HP]

Hi,

I have got my ILR in May 2013, now would like to apply for ILR for my wife and kids who are currently on Tier 2 Dependent visa, would like to know which form I should be using and what would be the required supporting documents. My wife has completed continues 2 years stay with me.

Regards,

ILR_HP

[vinny]

Set(O).

[wowboy]

Hi,

I have got my ILR in May 2013, now would like to apply for ILR for my wife and kids who are currently on Tier 2 Dependent visa, would like to know which form I should be using and what would be the required supporting documents. My wife has completed continues 2 years stay with me.

Regards,

ILR_HP

ILR_HP, did you get ILR based 5year PBS or 10 year rule?

[wowboy]

Set(O).

Vinny,

Firstly many thanks for your reply to everyone, i'm silent looker and did notice u do take your time in your replies and are very helpful.

Moving on to the subject, you refer 'ILR-HP' to use for his wife SET(O) form.

Does she not need to apply to FLR(O) first if she is PBS dependant rather than applying to SET(O) straight away if she qualified (Old rule 2 years).
Unless 'ILR_HP' got his ILR based 5 years PBS route. If that's the case why would he not have applied for his wife at the same time he applied for him self.

Reason I ask , I've been reading throughout the forum and my understanding is for 10year route ILR, regardless if dependant qualified period completed still need to switch FLR(O) and then to SET(O) (HO love charging twice).

I hope I'm wrong. I'm in same situation. I'll be applying to ILR this week (5 year student+2 PSW+3 Years Tier1. My wife been with me on pbs dependant more than 5 years and 2 kids (both UK born). I was advised when i get ILR, my wife would have to apply to FLR(O) then SET(O) even though she has been more than qualifying period.

Please advice at your earliest convenience.

Many thanks again.

[vinny]

ILR_HP's ILR was not under Long residence. Therefore, his wife and kids may apply for ILR directly.

See also Dependant of ILR (long residence) applicant on PBS leave.

Moreover, UK-born children will be entitled to register for British citizenship after a parent is granted ILR.

[wowboy]

ILR_HP's ILR was not under Long residence. Therefore, his wife and kids may apply for ILR directly.

See also Dependant of ILR (long residence) applicant on PBS leave.

Moreover, UK-born children will be entitled to register for British citizenship after a parent is granted ILR.

Can I apply ILR for my kids as well rather than registering for British. I'd like to have them my country citizen for now( we are not dual citizen yet) and Later will apply for British.
What I'm trying to say, is it possible to apply for uk born kids ILR not British reg.

Thanks Vinny

[vinny]

After you're granted ILR, your UK-born kids may also apply for ILR (306).

[ILR_HP]

As Vinny has mentioned my ILR was on 5 year rule via Tier 2 General.

Now I am applying for my wife and kids.

I am filling up SET(o) form could you please let me know the required supporting documents with the application.

Cheers,

ILR_HP

[vinny]

See also similar application.

[ILR_HP]

Thanks Vinny much appreciated for guiding me to the appropriate application scenario.

[wowboy]

Thanks Vinny much appreciated for guiding me to the appropriate application scenario.

Vinny thanks a lot u r a STAR

[wowboy]

After you're granted ILR, your UK-born kids may also apply for ILR (306).

Hi Vinny,

Just quick question. I posted my ILR( based on 10 years) last week, I was wondering if I can post my both kids (UK born currently on tier1 G dependant) to ILR as soon as I receive acknowledgement letter rather than waiting 6-7 months of my ILR and then applying again in order to save time.

Same senario I want to do with my wife post her FLR whilst decision is being made.

Thank you.

[vinny]

When will their leave expire?

[wowboy]

When will their leave expire?

My wife and 1st child Tier G expiry Nov 2015.

2nd Child havent got anything, she was born last april and I thought I'd apply
for her after getting ILR

Cheers

[vinny]

Probably best to wait for both wife and children, until you are granted ILR (in case of any unexpected problems). There should be sufficient time for a decision on your application prior to the expiry of their leave.

[wowboy]

After you're granted ILR, your UK-born kids may also apply for ILR (306).

Hi Vinny and other Gurus,

I read paragraph 306, my understanding is that child can apply for ILR as soon as I get ILR?

'A child born in the United Kingdom who is not a British Citizen and who requires leave to enter or remain in the circumstances set out in paragraph 304 may be given leave to enter for the same period as his parent or parents where paragraph 305 (i)(a) applies, provided the Immigration Officer is satisfied that each of the requirements of paragraph 305 (ii)-(v) is met. Where leave to remain is sought, the child may be granted leave to remain for the same period as his parent or parents where paragraph 305 (i)(a) applies, provided the Secretary of State is satisfied that each of the requirements of paragraph 305 (ii)-(iv) is met. Where the parent or parents have or are given periods of leave of different duration, the child may be given leave to whichever period is longer except that if the parents are living apart the child should be given leave for the same period as the parent who has day to day responsibility for him.'[/i]

Also, I phones UKBA today and asked the same if my UK born kids apply to ILR straight after I got my ILR, the person suggested that they can only apply to ilr when both parents have settlement also. So like wife, they need to apply to flr(m) with my wife and then to SET. I doubt the person i talked to had full knowledge. And this is also ridiculous this way I'm ending up paying fees after fees around 5500-6000 pounds.

On other hand paragraph 308 seem to suggest if one of the parents British or right for adobe, child can be granted to ILR ( not sure if ILR person have right for adobe).

Please advise.

Many many thanks

[vinny]

305(i)(a) is applicable. Also,

...Where the parent or parents have or are given periods of leave of different duration, the child may be given leave to whichever period is longer except that if the parents are living apart the child should be given leave for the same period as the parent who has day to day responsibility for him.

Therefore, if you are granted ILR, then the UK-born child should be granted ILR too.