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ILR Long stay

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

Hass.1
Newly Registered
Posts: 21
Joined: Mon May 04, 2015 11:08 am

new child and other questions

Post by Hass.1 » Mon Jul 20, 2015 10:37 pm

Dear Sirs,
I am now on tier 2 general visa (I just extended it one month ago so I have two years visa after which I am eligible for ILR based on 5 years in PBS tier 2 so are my child and wife)
My wife applied and came to the UK as my partner first time in 2006 and since then our visas were always related (her as my dependent and me as hers)
I have a child who was born outside the UK in 2008
both wife and child have been in and out the UK over the last 10 years (sometimes more out than in) we have been together for over a year now.
both my wife and child always had valid visa for the UK except for 6 month in 2011
in couple of month time I will qualify for 10 years route long stay

Now to the questions:

will my wife be eligible for the two years route (she was on a visa as dependant on me from before July 2012)?

How long will my child who was born outside the UK need to qualify for ILR some mention it is 3 years and some say it is 5. could it be 2 years route as well?

I am expecting a baby after I get my ILR long stay, what should I do for it? do I need to apply for ILR or it or a citizenship?

Is it true that if my partner has a british national child she can apply for a visa to stay with him/her? and what form does she need to use?

Both my wife and child are tier 2 general dependants. I was told that they will have to start counting from the time I am granted the ILR and they will be five years route. what form do they need to use when applying for spouse visa (is it FLR(M))? and is it true that the other form FLR (F P) is for people who can't satisfy the rules of FLR(M)?

will FLR (FP) lead to the applicant being granted a DLR?

and the what type of visa will be granted if FLR(M) is used?

finally, with regards to health care surcharges will my partner and child need to pay them again (they just paid till 2017 ) or do they pay the difference?

Hass.1
Newly Registered
Posts: 21
Joined: Mon May 04, 2015 11:08 am

Re: new child and other questions

Post by Hass.1 » Mon Jul 20, 2015 11:24 pm

Hi
Just to say thank you for your help
and also to say that I spent a bit of time reading through various posts and some are a bit confusing:
will My wife who was granted PBS dependant visa befor July 2012 lose all her time and will not qualify for the 2 years route if I switch to ILR under long stay?
Based on what I read so far the answer should be yes she will lose all the time and she needs to wait five years from her FLR(M) date
will she need to change her already valid visa (PBS Dependant) unless she is travelling outside the UK?
if she kept her visa for another year (so to complete two years as PBS dependant will she still be able to apply for ILR down that route?
I appreciate that for you lots of my questions might be just a boring repetition of what was already said and I am grateful in advance for your patience and helpful replies

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: new child and other questions

Post by geriatrix » Tue Jul 21, 2015 12:49 pm

Hass.1 wrote:I am expecting a baby after I get my ILR long stay, what should I do for it? do I need to apply for ILR or it or a citizenship?
Apply for registration of your UK born child as a British citizen. See Children
Hass.1 wrote:Is it true that if my partner has a british national child she can apply for a visa to stay with him/her? and what form does she need to use?
Why do want her to go that route. That's what I term as "last resort"!
Hass.1 wrote:and the what type of visa will be granted if FLR(M) is used?
Spouse of settled person. Include your born-abroad child in the wife's FLR(M) application.
Hass.1 wrote:will My wife who was granted PBS dependant visa befor July 2012 lose all her time and will not qualify for the 2 years route if I switch to ILR under long stay? Based on what I read so far the answer should be yes she will lose all the time and she needs to wait five years from her FLR(M) date
Correct, and already advised to you 2 months ago.
Hass.1 wrote:will she need to change her already valid visa (PBS Dependant) unless she is travelling outside the UK?
if she kept her visa for another year (so to complete two years as PBS dependant will she still be able to apply for ILR down that route?
I appreciate that for you lots of my questions might be just a boring repetition of what was already said and I am grateful in advance for your patience and helpful replies
Repeating the questions time and again will not change the answers! The downside is that people will lose interest in replying to your same queries repeatedly!
That said, you have been told that she cannot apply for settlement as a PBS dependant if you apply for settlement under the 10 year route, so the earlier she switches to FLR(M) the sooner she will be able to complete 5 years (to be eligible for settlement).

I am assuming she doesn't qualify for settlement under 10 year route herself in 2016 because of the break in continuous residence in 2011.

And, please don't post dependants' FLR questions in the ILR forum.
Life isn't fair, but you can be!

Hass.1
Newly Registered
Posts: 21
Joined: Mon May 04, 2015 11:08 am

Spouse visa

Post by Hass.1 » Thu Jul 30, 2015 4:53 pm

Dear Sirs,
thank you for your help with my previous posts.
My wife and child were on PBS dependant visa in the UK when I applied and got my ILR long residence (around a month ago)
I was advised to use FLR(M) for them and that they will be on the five years route mainly that my child was not born in the UK
I have two questions:
what documents do I need to supply in order to support the accommodation requirements (there are all these boxes about no crowding and public health)
My second question is: will my child (7 yrs old now) be able to get his ILR after 3 years?

Kind Regards

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Spouse visa

Post by geriatrix » Thu Jul 30, 2015 7:49 pm

Hass.1 wrote:what documents do I need to supply in order to support the accommodation requirements (there are all these boxes about no crowding and public health)
Tenancy agreement. See also MAA11 Adequacy of accommodation and MAA12 Overcrowding
Hass.1 wrote:My second question is: will my child (7 yrs old now) be able to get his ILR after 3 years?
Already answered.
Life isn't fair, but you can be!

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