ILR

[RSARD]

My first WP was issued on 28th Aug 2004 and am in permanent job since. My wife and son got WP dependent status on 3rd Sept 2004 in India and moved to UK on 13th Sept 2004. I moved over to HSMP in Mar 2006 and recd further HSMP extension till March 2011.
My query is :
1) When can I apply for ILR. Kindly suggest the earliest dates.
2) Can my son also apply at the same time though he wd be more than 18 then. If not when can he apply? Can he get ILR in his own right as HSMP dependent independent of me.
3) I have got 6 points on license and shall have left with 3 in March 2009. Does that affect ILR. Full story is : Initial 3 points were issued by DVLA but I contested in court next three points issued by DVLA which unfortunately I lost ending up with total 6 points within first two years of my license which meant that I had to apply for fresh license. This is DVLA rule. I understand traffic points are not criminal convictions but new ILR form does ask you to declare traffic offences as well.
Many thanks

[thirdwave]

My first WP was issued on 28th Aug 2004 and am in permanent job since. My wife and son got WP dependent status on 3rd Sept 2004 in India and moved to UK on 13th Sept 2004. I moved over to HSMP in Mar 2006 and recd further HSMP extension till March 2011.
My query is :
1) When can I apply for ILR. Kindly suggest the earliest dates.
2) Can my son also apply at the same time though he wd be more than 18 then. If not when can he apply? Can he get ILR in his own right as HSMP dependent independent of me.
3) I have got 6 points on license and shall have left with 3 in March 2009. Does that affect ILR. Full story is : Initial 3 points were issued by DVLA but I contested in court next three points issued by DVLA which unfortunately I lost ending up with total 6 points within first two years of my license which meant that I had to apply for fresh license. This is DVLA rule. I understand traffic points are not criminal convictions but new ILR form does ask you to declare traffic offences as well.
Many thanks

Why did you receive the points? Were you taken to court by the DVLA? I don`t think the fact that you lost your license would have an impact on your ILR application but it MAY become an issue if you plan to apply for naturalisation later on..

[vinny]

1. The answer depends on when your qualifying period started. If you came from overseas, then it started when you initially entered the UK on your work permit. Else, if you had switched from another category in the UK, then it started when you were granted leave to remain as a work permit holder. You may apply for ILR no sooner than 28 days (4 weeks) before then end of your qualifying period and before your leave to remain expires.

2. If your son is over 18 at the time and still dependent on you, etc., (197-199), then he may apply at the same time as you. However, he must use a separate application form. He cannot get ILR in his own right. Both he and your wife must satisfy the Knowledge of language and life in the United Kingdom requirements.

[RSARD]

Thanks for reply
My points were for speeding offences. It is not DVLA which took me to courts. Infact I contested the offence in the courts.

[RSARD]

Thanks Vinny for ur very clear reply
My son enetred the country on 13th Sept 2004 as WP dependent and I was in UK when my WP and LTR was sanctioned(WP on 6th Aug 2004 and LTR-Leave to Remain on 28th Aug 2004)
When shd I apply and when can my son apply

[vinny]

I believe that both of you may apply on or after 31st July 2009 and before your leave to remain expires.

[bhiman]

[quote="vinny"][/quote]

Hi,
A new query regarding ILR. This relates to the absences outside the UK. The guidance for caseworkers is very confusing and also states that it is being updated. The employer (NHS) allows 6 weeks leave every year which adds up to 210 days for 5 years (42X5). Also add study leave if we attend conferences abroad. How will this be seen for ILR applications?
Also are the dates of departure and arrival excluded or included in the absence? We tend to leave on the last working day - late evening flights though we do arrive on the last day of the leave.
Any help appreciated.
Cheers
AB

[RSARD]

In another forum I found out that somebody applied for ILR recently and her husband had 3 points on license. They said that it wd need to be sent for further enquiries. Apparently the person is very upset and does not know what it means. Does that mean that it is better to avoid mentioning abt license points.

[paulp]

The form asks for traffic offences and it's not worth hiding the truth as the ILR and any subsequent naturalisation can be invalidated if/when found out in the future.