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ILR info required for 28 days clarification and children British citizenship

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

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saz1703
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ILR info required for 28 days clarification and children British citizenship

Post by saz1703 » Mon Oct 09, 2017 12:53 pm

Hi All, it would be really appreciated if the expert gurus here in this forum help me answer few of my queries:

1) I am currently on Tier 2 General visa and would be completing my 5 years period on 18/12/2017. My visa validity is until 19/18/2018. Can I apply for my ILR application 28 days before 18/12/2017 ?

2) Currently I have my wife and two children (3 yrs and 5 yrs) currently on Tier 2 dependant visa. At the moment I am planning to just apply myself and my wife for the ILR application. Once I get my ILR status successfully (myself and wife) I would then apply for the British citizenship directly for my children. Could anyone please confirm if this is correct and the permissible.

It would be very helpful if someone can answer my above queries.

Thanks

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Re: ILR info required for 28 days clarification and children British citizenship

Post by CR001 » Mon Oct 09, 2017 1:01 pm

1) I am currently on Tier 2 General visa and would be completing my 5 years period on 18/12/2017. My visa validity is until 19/18/2018. Can I apply for my ILR application 28 days before 18/12/2017 ?
You can apply within 28 days before 18th December.
2) Currently I have my wife and two children (3 yrs and 5 yrs) currently on Tier 2 dependant visa. At the moment I am planning to just apply myself and my wife for the ILR application. Once I get my ILR status successfully (myself and wife) I would then apply for the British citizenship directly for my children. Could anyone please confirm if this is correct and the permissible.
Are both your children UK born???
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saz1703
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Re: ILR info required for 28 days clarification and children British citizenship

Post by saz1703 » Mon Oct 09, 2017 1:16 pm

CR001 wrote:
Mon Oct 09, 2017 1:01 pm
1) I am currently on Tier 2 General visa and would be completing my 5 years period on 18/12/2017. My visa validity is until 19/18/2018. Can I apply for my ILR application 28 days before 18/12/2017 ?
You can apply within 28 days before 18th December.
2) Currently I have my wife and two children (3 yrs and 5 yrs) currently on Tier 2 dependant visa. At the moment I am planning to just apply myself and my wife for the ILR application. Once I get my ILR status successfully (myself and wife) I would then apply for the British citizenship directly for my children. Could anyone please confirm if this is correct and the permissible.
Are both your children UK born???

saz1703
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Re: ILR info required for 28 days clarification and children British citizenship

Post by saz1703 » Mon Oct 09, 2017 1:17 pm

Yes, both my children are UK born.

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Re: ILR info required for 28 days clarification and children British citizenship

Post by iworker » Mon Oct 09, 2017 1:17 pm

did your wife arrive in the uk with u?

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Re: ILR info required for 28 days clarification and children British citizenship

Post by CR001 » Mon Oct 09, 2017 1:19 pm

saz1703 wrote:
Mon Oct 09, 2017 1:17 pm
Yes, both my children are UK born.
Then yes, once you have ILR you can register them as British. They do not require ILR.
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Re: ILR info required for 28 days clarification and children British citizenship

Post by saz1703 » Mon Oct 09, 2017 1:25 pm

To clarify, please refer my status below:

Myself:
Visa: Tier 2 General
Period: 19/12/2012 - 18/12/2017

Dependant (Wife):
Visa: Tier 2 General Dependant
Period: 19/12/2012 - 18/12/2017

2 children (3yrs and 5 yrs) currently born in UK.

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Re: ILR info required for 28 days clarification and children British citizenship

Post by CR001 » Mon Oct 09, 2017 1:47 pm

Did your wife get her dependent visa within the UK or did she apply from abroad?
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Re: ILR info required for 28 days clarification and children British citizenship

Post by saz1703 » Mon Oct 09, 2017 1:51 pm

CR001 wrote:
Mon Oct 09, 2017 1:47 pm
Did your wife get her dependent visa within the UK or did she apply from abroad?
She received it from abroad and outside UK.

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Re: ILR info required for 28 days clarification and children British citizenship

Post by CR001 » Mon Oct 09, 2017 1:52 pm

What date did she enter the UK?
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Re: ILR info required for 28 days clarification and children British citizenship

Post by saz1703 » Mon Oct 09, 2017 1:56 pm

CR001 wrote:
Mon Oct 09, 2017 1:52 pm
What date did she enter the UK?
06 July 2012 as Tier 1 PSW dependant

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Re: ILR info required for 28 days clarification and children British citizenship

Post by CR001 » Mon Oct 09, 2017 2:00 pm

I asked if she got her Tier 2 dependent visa from within the UK or abroad. If she applied from abroad, list her expiry date of PSW and the visa application date for Tier 2 General.
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Re: ILR info required for 28 days clarification and children British citizenship

Post by saz1703 » Mon Oct 09, 2017 2:04 pm

CR001 wrote:
Mon Oct 09, 2017 2:00 pm
I asked if she got her Tier 2 dependent visa from within the UK or abroad. If she applied from abroad, list her expiry date of PSW and the visa application date for Tier 2 General.
I thought I already replied earlier however will do that again now:

My wife applied and got the visa from India. The expiry date of her PSW visa was 31/12/2012 however she got granted as Tier 2 general dependant visa on 19/12/2012 (via PEO appointment).

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Re: ILR info required for 28 days clarification and children British citizenship

Post by CR001 » Mon Oct 09, 2017 2:06 pm

Thanks. The reason I asked was if she had applied for tier 2 dependent outside the UK, her residence starts from the date she entered the UK in that visa category if the PSW expired while out of the UK.
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Re: ILR info required for 28 days clarification and children British citizenship

Post by saz1703 » Mon Oct 09, 2017 2:09 pm

CR001 wrote:
Mon Oct 09, 2017 2:06 pm
Thanks. The reason I asked was if she had applied for tier 2 dependent outside the UK, her residence starts from the date she entered the UK in that visa category if the PSW expired while out of the UK.
So in summary is she ok to apply at the same time ?

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Re: ILR info required for 28 days clarification and children British citizenship

Post by CR001 » Mon Oct 09, 2017 2:09 pm

Should be fine yes.
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Re: ILR info required for 28 days clarification and children British citizenship

Post by saz1703 » Mon Oct 09, 2017 3:14 pm

Thanks for the confirmation. Could you also confirm what form should I use for the ILR application for my wife ?

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Re: ILR info required for 28 days clarification and children British citizenship

Post by CR001 » Mon Oct 09, 2017 3:19 pm

One form for both of you together if applying at the same time - Set(O).
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Re: ILR info required for 28 days clarification and children British citizenship

Post by saz1703 » Mon Oct 09, 2017 3:36 pm

CR001 wrote:
Mon Oct 09, 2017 3:19 pm
One form for both of you together if applying at the same time - Set(O).
Thanks and really appreciate for your feedback.

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Re: ILR info required for 28 days clarification and children British citizenship

Post by saz1703 » Tue Oct 10, 2017 1:49 pm

saz1703 wrote:
Mon Oct 09, 2017 3:36 pm
CR001 wrote:
Mon Oct 09, 2017 3:19 pm
One form for both of you together if applying at the same time - Set(O).
Thanks and really appreciate for your feedback.
Hello, I just have a minor doubt which I would request you to clarify. Based on my conversation here in this thread I understand that as I would be completing my 5 years period on 18/12/2017, I would be eligible for my ILR application 28 days before this date (18/12/2017).

What I wanted to confirm is that my current visa validity is until 18/12/2018 which is next year Dec 2018, would this be an issue ? I mean is there a rule which would not allow me to apply within 28 days from 18/12/2017 (which is my when I would be completing my 5 years) considering that the visa is valid until next year. Do I actually need to complete my full 5 years period until 18/12/2017 and apply only after this date OR am I still eligible to apply within the 28 days period from 18/12/2017.

It would be really appreciated if you can come back to me.

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Re: ILR info required for 28 days clarification and children British citizenship

Post by iworker » Tue Oct 10, 2017 2:36 pm

no such rule. you are eligible to apply 28 days before your 5th anniversary. you can apply anytime after that, doesnt matter when your visa is expiring

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