VERY URGENT - Wife and Son: ILR Eligibility - Please help!!!

[ramaprasad_h]

Hi,

I am eligible for ILR this December 2015/January 2016 and I will be applying in person in a PEO. But I have a unique situation for my wife and need advice from learned members.

Wife's Tier-1 Dependant visa issued: 20-Jan-2011 - valid till 20-Jan-2013
Entered UK first time: 18-Jun-2011
Left UK to India: 03-May-2012 (for maternity purposes)
Returned to UK: 21-Feb-2013

While she was in India between May 2012 to Feb 2013, she applied for visa in India on 10-Jan-2013 (before the first tier-1 visa expired). A new visa was issued with start date 29-Jan-2013 and valid till 20-Jan-2016.

Questions:

1. Did the clock reset when she applied for a new visa in India and entered UK in Feb 2013 or is the second visa issued in India counted as an extension and continuous?

For ILR it says dependant should have stayed in UK for 2 years if visa issued before 9 July 2012 and 5 years if issued after 9 July 2012. But in my wife's case the first visa was issued before 9 July 2012, she went to India and the second visa was issued in India after 9 July 2012 and hence i am not sure if she is eligible for iLR or not.

2. What Visa she should apply - is it SET(O) or FLR(M) or SET(M) or extend PBS dependant?

My son entered UK in Feb 2013 and I guess whatever my replies will be the same my son has to apply.

Best regards,
Ram

[secret.simon]

I am eligible for ILR this December 2015/January 2016

Firstly, what is the basis of your ILR application? Is it LR or T1G?

While she was in India between May 2012 to Feb 2013, she applied for visa in India on 10-Jan-2013 (before the first tier-1 visa expired). A new visa was issued with start date 29-Jan-2013 and valid till 20-Jan-2016.

I believe that a new entry clearance application would mean that she was issued a new visa under the rules after July 2012. Had she applied for an extension of the old visa after returning to the UK, she would have been covered by the old pre-July 2012 rules.

I believe that she will now need to wait for five years for ILR.

If you get ILR based on T1G, she can extend her PBS Dependant visa till she gets ILR in her own right.

If you get ILR based on Long Residence, she must go for FLR(M).

If she goes for FLR(M), her clock will reset again and she will need to spend five years from the grant of FLR(M) for her ILR application.

If your son was born in India, his status follows the less privileged parent's-in this case the mother's.

If your son was born in the UK, you can register him as a British citizen on Form MN1 as soon as you get ILR.

[ramaprasad_h]

Hi Secret Simon,

Many thanks for your reply. I am getting iLR based on Tier1-General.

Based on your explanation below I think my wife and son(as born in India) both need to go for PBS dependant extension till they qualify for ILR after 5 years,

Many thanks once again and looks like this is the only option.

Thanks once again,
Ram