settlement for a dependant born abroad

dina123 · Post by **dina123** » Sat Aug 17, 2013 2:30 pm

Hi, everyone I have got my ILR nearly two months ago. I have got some queries for my little baby about her application to ILR. If someone specially gurus would help me to resolve the following issues:

-My wife and a little baby of aged one and half years old, joined me just one year ago with me.
-My baby was born back home.
-I have applied for dependant visa using FLR(M) form for them six months ago but have not got any decission yet.
-If the result is positive and what is the procedure to apply for settlement visa for my little baby as a dependant of a settled person?

thank you all

Post by **Amber** » Sat Aug 17, 2013 2:37 pm

When was your dep given leave to enter as a PBS dep exactly?

dina123 · Post by **dina123** » Sat Aug 17, 2013 4:22 pm

visa issue date-11 june 2012

Post by **Amber** » Sat Aug 17, 2013 4:33 pm

When did your wife enter the UK? Did you apply for ilr as a PBS applicant?

dina123 · Post by **dina123** » Sat Aug 17, 2013 5:48 pm

-my wife entered the UK on 18th July 2012, visa issued march 2012
-I got my ILR under 10 year long term stay, yes I was in student visa under point based stystem
-my previous visa PSW expired on 25TH February 2013 and APPLIED FOR ILR
on Januray 2013 and granted ILR end of june 2013.
-my dependant's visa expired also at 25th february, I applied for depandant visa for them using FLR(M). no decission received yet

Post by **Amber** » Sat Aug 17, 2013 6:25 pm

Your spouse will able to apply for settlement from 28 days before 18 July 2014 subject to rule changes.

Post by **geriatrix** » Sat Aug 17, 2013 8:11 pm

dina123 wrote:-If the result is positive and what is the procedure to apply for settlement visa for my little baby as a dependant of a settled person?

Settlement visa is applied for from outside the UK. FLR(M) - the inountry equivalent of settlement visa - is applied for from within the UK.

I guess what you wanted to ask was - when can you apply for your child's settlement (ILR) if FLR(M) application is approved, right?

If so, your (born-abroad) your child can apply for settlement (ILR) at the same time as your spouse, not before.

dina123 · Post by **dina123** » Sun Aug 18, 2013 11:23 am

Sorry little confused at two reply from two differrent Gurus.

-Yes, my queries was mainly for my dependant, born abroad baby who is living with me for the last one year got her visa before 9 july 2012 but entered the UK 18 july 2012.

-Since I have got my ILR through 10 year long stay route can I straight way apply for ILR for her(my little baby) now ? or as one of you said she has to stay one more year and can apply same time with her mother?

-As a PBS dependant for the last one year, would it add to qualyfing period of two year to apply for settlement for my wife? Is it same rule for my baby as well?

-Please make clear what is rule changing

Thank you both of you.

Post by **geriatrix** » Sun Aug 18, 2013 3:04 pm

Why are you confused?

D4109125 provided you with the information as to when your "spouse" may become eligible for settlement.
I provided you with the answer as to when your "child" may become eligible for settlement.

See 298(i).

dina123 · Post by **dina123** » Wed Oct 16, 2013 1:17 am

I have received visa for my wife and daughter FLR(M) visa-dependant for 2.5 yrs. Houwever more than 6 months is already gone. Thanks to all the Gurus speacially to ssmehta..Thanks. But I tried to write this in sky drive but didnot find the link.

munnactg

dina123 · Post by **dina123** » Sun Mar 09, 2014 8:16 pm

I have written about this issues already in the 'British citizenship forum' but nobody could provide a me definite reply that whether is there any problem for naturalization for a long absence after the ILR. I, would therefore, request this time from the GURUS to reply about this on long stay.

Although if you read through all my post above you would know or if you could memorise my case, yet I have given a brief background for the following issues:

I have got my Indefinite leave to remain 7 months ago, on coming July I am going to apply for naturalization for myself and also ILR for my wife and a baby (born outside the UK-both of them will be two years stay at that time). If my wife's(and baby's) ILR is successful she is planning to go back to Bangladesh for minimum one year. Now my question is:

1. How will that make an affect to one year gap for my wife's and Baby's naturalization? Will they have to wait one year since they come back (after one year absence) or three years time? As they will be staying more that 90 days outside UK? Is there any concern of breaking the residency rule? In my ILR it is said that I can stay outside UK for 2 years without any explanation. But one of my friend said yes 2 yrs one can stay but in that case they have to wait 3 years instead of one years to apply for naturalization.

if some of you help me in this area please would be highly appreciated. Thanks

Post by **vinny** » Sun Mar 09, 2014 10:43 pm

dina123 wrote:I have received visa for my wife and daughter FLR(M) visa-dependant for 2.5 yrs. Houwever more than 6 months is already gone. Thanks to all the Gurus speacially to ssmehta..Thanks. But I tried to write this in sky drive but didnot find the link.

munnactg

If your wife had a dependant visa prior to 9th July 2012, then she should have been considered under the old rules. Her FLR(M) grant should have been for 2 years (288).

Post by **vinny** » Sun Mar 09, 2014 10:49 pm

dina123 wrote:I have written about this issues already in the 'British citizenship forum' but nobody could provide a me definite reply that whether is there any problem for naturalization for a long absence after the ILR. I, would therefore, request this time from the GURUS to reply about this on long stay.

Please continue in previous thread. Jambo's answers are correct.

dina123 · Post by **dina123** » Thu Mar 13, 2014 1:05 pm

Thanks to everyone those who replied my mail. Yesterday I went to see a barrister to discuss about the above issues. He was saying that with FLR (M) spouse visa my wife has to be two years stay in UK in order to qualify for ILR in which one year dependant visa when I was in PSW visa cannot be added. Even though in the HO letter nothing is written like that. I already mention in my previous post that HO written 2 years living as the spouse in UK will quality for PR. HE was also saying that even though it is written like this HO sometimes approve ILR application while sometimes refuse
Therefore I am confused again which is correct.

Finally can I apply for British passport along with naturalization after her three years living? Yes at that time hopefully I will get my own passport. Thanks again

dina123 · Post by **dina123** » Fri Mar 13, 2015 11:53 pm

Amber wrote:Your spouse will able to apply for settlement from 28 days before 18 July 2014 subject to rule changes.

Dear sir
About a year ago you replied my mail when I wrote to this forum in which you providerd me with a satisfactory decission given above regarding application for my wife and my baby's (born aboroad) ILR. Unfortunately later I could not apply for their ILR at that time rather I had to sent them back home. However they came back before 90 days being passed but I could not apply for them until now due to some family problem. Their FLR(M) dependant visa will expire at the end of August this year. But I came to know that new rull is coming next month in which all kinds of appleal right will be withdrawn. Therefore can I apply for them now?

In order remind you the backgrouand of this case I have given again a summary as follows:

1. My wife and a baby came into the UK on 18 july 2012 but both their visa issued before July 2012. They came as a dependant of a PSW visa holder. Later I got my ILR on June 2013, applied for my naturalisation at the end of January this year. They extended thir visa under FLR(M) on March 2013

2. Both you and Home office confirmed me last March that they are eligible to apply for the ILR and that means they can include one year as a dependant of psw

3. Has the rule changed in the meantime. As they are under the old rule in order to apply for ILR 2 years to wait. If we can add one year dependant than it is less than three years but if we cannot than it is less than two years. Thats mean cannot qualify.

Can I one more time bother you on this matter please? I appologise for this

Thank you

Post by **CR001** » Sat Mar 14, 2015 12:00 am

Because you got your ILR based on 10 years long residence, your wife and child will need to extend their current visas and will have to meet 5 years residence before being able to apply for ILR in 2018 if they switched to FLR(M) in March 2013.

The rules changed in April 2014 regarding PBS dependents of long residence ILR applicants and using the time spent towards the new FLR(M) can't be used anymore so her time will be counted from March 2013 to March 2018.

dina123 · Post by **dina123** » Sat Mar 14, 2015 12:08 am

Thanks for the prompt reply.
But why I was told by AMBER and the home office (last March) that she can apply for her ILR 28 days before July 18, 2014?

Post by **CR001** » Sat Mar 14, 2015 12:23 am

Amber wrote:Your spouse will able to apply for settlement from 28 days before 18 July 2014 subject to rule changes.

Amber did say subject to rule changes and the rules did change in April 2014.

This is the thread where the changes were discussed and explained :

http://www.immigrationboards.com/indefi ... 41973.html

dina123 · Post by **dina123** » Sat Mar 14, 2015 12:32 am

So that's mean she even cannot apply in this June after two years as a FLR(M) dependant? As I told her first dependant visa was issued before July 2012.

secondly, If her FlR (m) visa expires end of August this year how will I extend her visa

Post by **vinny** » Sat Mar 14, 2015 12:38 am

CR001 wrote:Because you got your ILR based on 10 years long residence, your wife and child will need to extend their current visas and will have to meet 5 years residence before being able to apply for ILR in 2018 if they switched to FLR(M) in March 2013.

The rules changed in April 2014 regarding PBS dependents of long residence ILR applicants and using the time spent towards the new FLR(M) can't be used anymore so her time will be counted from March 2013 to March 2018.

If the FLR(M) was granted for 2 years under 284 in March 2013, then isn't SET(M) is subject to 288?

Post by **CR001** » Sat Mar 14, 2015 12:52 am

My error Vinny, apologies, mind didn't quite register the year as 2013.

So just to clarify my understanding, if FLR(M) is granted following PBS dep visa before the April 2014 changes, they can combine PBS dep time to make 2 years. If granted FLR(M) is granted after April 2014 changes, it cannot be combined and it is a new 5 year route.

dina123 · Post by **dina123** » Sat Mar 14, 2015 7:58 am

Many thanks. I am also sorry that her FLR(M) was issued on 27-09-2013 not in March 2013 and valid until 15-08-2015. Same as for the baby. She was sleeping and thats why I could not check her BRP CARD LAST NIGhT. So is that ok? As it was issued before April 2014 is this ok to apply for ILR now?

Post by **CR001** » Sat Mar 14, 2015 10:54 am

Apologies for the confusion dina123, but as Vinny has advised (and Amber previously) it appears you should be ok.

dina123 · Post by **dina123** » Sat Mar 14, 2015 7:13 pm

Many many thanks sir

dina123 · Post by **dina123** » Sun Mar 15, 2015 1:47 pm

Can you pls tell me which form should i use ? is it set (M)? Does my 3 years old daughter needs to fill separate form and fees? she also came with her mum and visa expires at the same time. Thanks.

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settlement for a dependant born abroad