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10 Years lawful and dependents

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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blinkbox555
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10 Years lawful and dependents

Post by blinkbox555 » Mon Oct 12, 2015 12:21 pm

Obie wrote:You can always request a SAR if in doubt.
Dear seniors

I have been a witness of all you'r precious guidance that you have been posting to those in need and I am in dying need of assistance from you all before I put forth my last visa application in th UK.


I am about to apply for my Indefinite to Leave to Remain on the basis of Long Residence in the UK. I came to the UK on the 31st of December 2005. I am hoping to apply using the premium services via a PEO by the second week of December. Can this be done as theoretically speaking I have not completed residing for 10 years in the UK?

I have two reasons why I wanted to apply my ILR prior to completing 10 years:
Reason 1: My wife’s Tier 2 (Dependant) visa is about to expire on 05th January 2016. If I was to have my ILR well in time, I am in two minds whether to apply for a Tier 2 PBS dependant of FLR(M) as she has completed 2 years in residing in the UK. What would you be able to suggest best to do in these circumstances?

Reason 2: My son who was born in the UK last year (2014) - I am hoping to apply for his citizenship (Using MN1 form – please let me know if this is the correct procedure?) in the UK after I receive my ILR and thereafter apply for his British passport directly afterwards.

I know for a fact that with my ILR (10 year) application, I cannot include dependants, but briefly looking at the forms with regards to my wife’s case there is an option to include a dependant. Is it mandatory to include my son as a dependant? I would be very grateful is you would be able to guide me in the correct way.

I have also requested a SAR form... Will SAR give us a definite idea if all of my visa applications were in date or not? I have requested SAR processing team for almost all the details that have been held by the Home Office....

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CR001
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Re: 10 Years lawful and dependents

Post by CR001 » Mon Oct 12, 2015 1:34 pm

blinkbox555 wrote:Dear seniors

I have been a witness of all you'r precious guidance that you have been posting to those in need and I am in dying need of assistance from you all before I put forth my last visa application in th UK.


I am about to apply for my Indefinite to Leave to Remain on the basis of Long Residence in the UK. I came to the UK on the 31st of December 2005. I am hoping to apply using the premium services via a PEO by the second week of December. Can this be done as theoretically speaking I have not completed residing for 10 years in the UK? Yes, you can apply no sooner than 28 days before reaching the 10 years long residence requirement.

I have two reasons why I wanted to apply my ILR prior to completing 10 years:
Reason 1: My wife’s Tier 2 (Dependant) visa is about to expire on 05th January 2016. If I was to have my ILR well in time, I am in two minds whether to apply for a Tier 2 PBS dependant of FLR(M) as she has completed 2 years in residing in the UK. What would you be able to suggest best to do in these circumstances? She has no option but to apply on FLR(M) if you apply apply for ILR based on long residence. She will then have to wait 5 years for ILR (2 X 2.5 year visas) before she qualifies for ILR. She will lose the time spent in the UK as a PBS Dependent.

Reason 2: My son who was born in the UK last year (2014) - I am hoping to apply for his citizenship (Using MN1 form – please let me know if this is the correct procedure?) in the UK after I receive my ILR and thereafter apply for his British passport directly afterwards. Yes, once you have ILR you can apply to register the child on MN1.

I know for a fact that with my ILR (10 year) application, I cannot include dependants, but briefly looking at the forms with regards to my wife’s case there is an option to include a dependant. Is it mandatory to include my son as a dependant? I would be very grateful is you would be able to guide me in the correct way. You cannot included dependents for ILR, but if the form asks you to list dependents, you need to list them.

I have also requested a SAR form... Will SAR give us a definite idea if all of my visa applications were in date or not? I have requested SAR processing team for almost all the details that have been held by the Home Office....
Char (CR001 not Casa)
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blinkbox555
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Posts: 7
Joined: Tue May 12, 2015 8:40 pm

Re: 10 Years lawful and dependents

Post by blinkbox555 » Tue Nov 10, 2015 6:10 pm

Thank you very much

another Query pls...

I have a found a few tricky questions which I sought clarity. I am currently in the process filing in my partner’s FLR(M) visa application after I recently attained my ILR status in the UK. Your assistance in this matter is highly appreciated.

FLR(M)
Section 2- Under which category are you applying for leave? 2.1 Please tick a box below to show us the category in which you are applying for an extension of stay in the UK and to confirm that you are also applying for a biometric immigration document.

Spouse of a person present and settled in the UK and a biometric immigration document. (TICKED)

2.2 Is this the first time you have applied for a visa or extension of stay in one of the above categories (including previous leave granted as a fiancé(e) or proposed civil partner) with your current sponsor?
Yes (TICKED) No

JUSTIFICATION: I guess ticking on the ‘Yes’ box is apt because my wife came to the UK on a dependant visa but I did not possess a settlement visa then.

2.3 Please indicate what stage of extension of leave you are applying for or why you are choosing to extend your current leave in one of the above categories.

First period of leave to remain (following an initial period of entry clearance as a partner of a settled person, or following an initial period of entry clearance as a fiancé(e) or proposed civil partner of a settled person - 6 months)

Second period of leave to remain (following initial grant of leave to remain).

You are making a first application from within the UK but have not previously had leave to enter/remain as a partner. (Hoping to tick this option but not a 100% sure as my wife had her previous leave to remain as a PBS dependant and lived less than 3 years in the country) – Is this the correct option to check, I have not included rest of the option as I can convincingly say that they are not applicable???

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