Father ILR, Mother PBS Dependant FLR and Child born in India

[scorpio_besal]

I was reading the following topic posted by sushdmehta (Moderator)

http://www.immigrationboards.com/immigr ... l#p1008938



" Child
Child born abroad - A child dependant with leave as PBS dependant may apply for settlement at the same time as the principal PBS migrant. " Under section 319J


So would this rule be applied to my daughter who was born in India in Jan 2014 and currently in the UK as PBS Tier 1 G dependent since Aug 2014 when I would apply for ILR in MAr 2016 under 5 year route, however my wife is PBS T1 G dependent as she has not completed 5 years.

[scorpio_besal]

Dear Members,

I would really appreciate if any one could help regarding ILR query for my partner & my child.

Here is the situation, I would apply for my ILR under T1 G 5 year route, however my wife would have to apply for T1 G Dependent visa along with my daughter as
as they has not completed 5 years in the UK.

My partner was granted T1 G Dependent visa in June 2013 and came to the UK in Aug 2013 however in Nov 2013 she went to India as she was expecting our daughter
and came back with my daughter in Aug 2014 after approx 9 months.

Since my wife had a big gap of 9 months as she had to travel to India due to pregnancy , would she have to start from Aug 2014 till July 2019 to be eligible for ILR,
Does the new change "ILR FOR TIER 1 G BE CLOSED BY APRIL 2018" would affect my wife and my child's ILR eligibility (5 Year), if so is there a solution ?


Regards

[spzenthil]

Hi,

Is there any gap in her visa during this period? If her visa was valid throughout her stay in india then she should be eligible for ILR in Aug 2018.

Thanks,
-Senthil

[cfdman]

Those old rules are changed now. See the link (Page 34)
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

"Paragraphs 319F-319J of the Immigration Rules have been changed so that a child cannot be granted ILR as the family member of a PBS migrant until both parents have been or are being granted ILR".

[scorpio_besal]

Thanks for the reply, my wife had a gap of 9 months as she had to travel to India due to pregnancy.

[scorpio_besal]

Thanks CDFMAN, should I FLR M for my child and spouse when I would apply for ILR in MAR 2016

[cfdman]

If you wife has got valid PBS dependent visa now, she can just extend the visa, rather than apply for FLR-M (despite, your are now in ILR)
Remember, if she applies for FLR, her ILR clock will be reset and she may have to wait 5 years for ILR from the date she got FLR-M approved.

[scorpio_besal]

Thanks for the reply.

My partner was granted T1 G Dependent visa in June 2013 and came to the UK in Aug 2013 however in Nov 2013 she went to India as she was expecting our daughter and came back with my daughter in Aug 2014 after approx 9 months.

Since my wife has a gap of 9 months as she had to travel to India due to pregnancy , while calulating continues 5 years, would she have to calculate from Aug 2014 till July 2019 to be eligible for ILR,

Does the new change "ILR FOR TIER 1 G BE CLOSED BY APRIL 2018" would affect my wife and my child's ILR eligibility (5 Year), if so is there a solution ?

[vinny]

Does the new change "ILR FOR TIER 1 G BE CLOSED BY APRIL 2018" would affect my wife and my child's ILR eligibility (5 Year)

Probably not.