ILR Application queries

[sree17]

Dear Sir/Madam

We have booked our ILR appointment by Premium Service on 1st April 2017 (payment has already been processed), and I have selected the SET(O) as my application type in which I have included my wife and my daughter as dependants.

My Tier 2 General visa (and that of my wife as my Tier 2 General dependant) started from 27/06/2011, and following an extension in 2014, is now currently valid until 08/05/2017.

Our daughter was born on 20/03/2012 in the UK, but had to travel with my wife to India when she was 3 months old. Due to an extended period of stay in India, my daughter's Tier 2 dependant visa was obtained while she was in India, and it was valid starting from 10/10/2012. Her current dependant visa also expires on 08/05/2017, along with my wife and I.

Due to the above mentioned factors, I wanted to check if:

1) whether including my daughter in my SET(O) application along with my wife is acceptable or whether I should complete an alternative form for her and take it to the same appointment at the Premium Service

2) if I have to complete an alternative form for my daughter, then does the fee already paid toward the application go null and void, or whether this could be transferred into an alternative category

3) also, will she be eligible to apply along with my wife and I on the same day at the Premium Service, or should we wait until this October to process her ILR separately - and if this does become necessary, what would be her leave to remain status in the interim?

On a separate note, while paying for the SET(O) application form, it appeared as if we may be asked to pay the NHS surcharge, although the guidance notes for the ILR application seemed to suggest otherwise. Based on the duration of our stay so far, is it really necessary to pay the surcharge, and if yes, does this apply to all three of us?

I would be grateful if you could please clarify the above matters for us, and offer your expert advice.

Many thanks

[vinny]

If your wife is eligible for ILR, under 319E, then so is your daughter, under 319J.

ILR applicants are not required to pay the NHS surcharge.

[sree17]

Hi Vinny

Thank you for a speedy response.

Having read the clauses under 319E, it appears that this is not very different to the general set of rules applicable to spouses of PBS migrants applying for ILR.

Therefore, based on the information in your email and clauses under 319E, my daughter should automatically be eligible for the ILR. However, my biggest concern is that the initial start date for her Tier 2 dependant visa was in October 2012, i.e. after 9 July 2012, which means although my wife may be eligible for the ILR along with me, my daughter may not be so.

Hence, it would be helpful if you could please explain how, based on the clauses you have cited, my daughter can also be eligible for being a co-applicant on the SET(O), along with my wife. This information will also be very helpful for us to explain our position to the officers at the Premium Service.

Look forward to your reply and advice.

Many thanks

[vinny]

Child's ILR is subject to 319J.

(e) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:
...

when both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, then the 'unless' is not engaged.

That is, when both parents have ILR, or are eligible to apply for ILR, then child may apply for ILR at the same time too.

[vinny]

Our daughter was born on 20/03/2012 in the UK,

Coincidentally, she may also qualify for ILR under different rules.

Actually, your daughter doesn't have to apply for ILR at all. Alternatively, she would be entitled to register for British citizenship directly after a parent is granted ILR!

[sree17]

Given we have already paid for our daughter ILR. Do you think we should continue or Is it better we withdraw her and wait until we get our ILR.