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ILR 10 Year Long Residency-Family Members

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

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zaib2556
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ILR 10 Year Long Residency-Family Members

Post by zaib2556 » Mon Apr 25, 2016 12:04 pm

Hell there
I am currently on Tier 2 visa that will expire on 27/07/2017. My 10 years will be completed on 1st September 2016. I am planning to apply ILR through this route because my employer will not offer me a salary of 35K or above. I have some questions:

I have two dependents, my wife who had joined me on 23/03/2012, and my four years son who was born in the UK both they have leave until 27/07/2017. I know they can not apply with me through this route.

1. Can my wife apply for ILR immediately after, in case my application is successful. if not how it will work for her.
2. Can I apply for the naturalisation of my son in case my application is successful.

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CR001
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Re: ILR 10 Year Long Residency-Family Members

Post by CR001 » Mon Apr 25, 2016 12:21 pm

1. Can my wife apply for ILR immediately after, in case my application is successful. if not how it will work for her.
No she cannot. She has to apply to switch to FLR(M) once you are granted ILR. She will be on a new 5 year route to ILR (2 X 2.5 year visas). English A1 required, you have to meet the financial requirement and she has to pay the immigration health surcharge.
2. Can I apply for the naturalisation of my son in case my application is successful
.
Children are registered not naturalised. Yes you can, as he was born in the UK, he is entitled to register under section 1(3) of the nationality act.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

zaib2556
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Posts: 18
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Re: ILR 10 Year Long Residency-Family Members

Post by zaib2556 » Fri Aug 19, 2016 2:58 pm

I am currently on Tier 2 General Leave to remain and going to apply for ILR under 10 Years route. I can't apply on Tier 2 General because my sponsor's license has been revoked but luckily my 10 years completes before the expiry of my curtailment.

I am planning under 10 years route, I have two sons who were born in the UK. My question is:

My wife had joined me in the UK on 23/03/2012 before July 2012. Her two years as a Tier 2 Dependent have already been completed. Can she apply ILR on that base straight after in case my application is successful because as a dependent of Tier 2 General she has completed two years according to rules.

physicskate
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Re: ILR 10 Year Long Residency-Family Members

Post by physicskate » Fri Aug 19, 2016 5:05 pm

zaib2556 wrote:I am currently on Tier 2 General Leave to remain and going to apply for ILR under 10 Years route. I can't apply on Tier 2 General because my sponsor's license has been revoked but luckily my 10 years completes before the expiry of my curtailment.

I am planning under 10 years route, I have two sons who were born in the UK. My question is:

My wife had joined me in the UK on 23/03/2012 before July 2012. Her two years as a Tier 2 Dependent have already been completed. Can she apply ILR on that base straight after in case my application is successful because as a dependent of Tier 2 General she has completed two years according to rules.
Your wife will need to switch to FLR(M) which is a 5 year route to ILR. The rules changed... She has no other choice.

Your sons can register as British...

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ILR1980
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Re: ILR 10 Year Long Residency-Family Members

Post by ILR1980 » Sat Aug 20, 2016 3:09 am

CR001 wrote: She has to apply to switch to FLR(M) once you are granted ILR. She will be on a new 5 year route to ILR (2 X 2.5 year visas). English A1 required, you have to meet the financial requirement and she has to pay the immigration health surcharge.
If leave to remain of his wife is getting expired at the same time and he apply for ILR based on 10 year long residence then what will be the status of his wife while his application for ILR is pending and he is on 3c leave. FLR M option is available only after husband get ILR

physicskate
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Re: ILR 10 Year Long Residency-Family Members

Post by physicskate » Sat Aug 20, 2016 9:42 am

ILR1980 wrote:
CR001 wrote: She has to apply to switch to FLR(M) once you are granted ILR. She will be on a new 5 year route to ILR (2 X 2.5 year visas). English A1 required, you have to meet the financial requirement and she has to pay the immigration health surcharge.
If leave to remain of his wife is getting expired at the same time and he apply for ILR based on 10 year long residence then what will be the status of his wife while his application for ILR is pending and he is on 3c leave. FLR M option is available only after husband get ILR
You can either:
Apply for SET LR in person, and then on the same day, submit a postal application (or in person appointment after the long residence has been approved).

Or apply by post submitting a note with both applications asking the FLR M to be considered after the SET LR application.

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Casa
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Re: ILR 10 Year Long Residency-Family Members

Post by Casa » Sat Aug 20, 2016 11:18 am

If you're confident about your LR application and are prepared to pay the premium fee, you could book an appointment for your wife at the PSC 2 hours or so after yours.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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ILR1980
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Pakistan

Re: ILR 10 Year Long Residency-Family Members

Post by ILR1980 » Sat Aug 20, 2016 10:07 pm

physicskate wrote: You can either:
Apply for SET LR in person, and then on the same day, submit a postal application (or in person appointment after the long residence has been approved).

Or apply by post submitting a note with both applications asking the FLR M to be considered after the SET LR application.
My main concern is status of your dependent when you cannot get ILR(long residence) before your leave expire which will also expire the leave of your spouse. You will be cover by 3c as your application for ILR is pending but whats about your spouse

Can they actually put FLR(M) application of your dependent(spouse) on hold while decision of ILR(Long residence) application of main applicant is pending?

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