ILR from dependent visa

[tehan]

Hello everyone,
I entered UK in 2005 as a student and then extended my visas to PSW and HSMP accordingly until 2016. My husband came to Uk in 2006. i have 2 kids born in this country in 2013 and 2016. I had gone back to my home country and stayed for 15 months in between dec 2014 and march 2015. I was unable to come back for some unavoidable situation. I applied for ILR in Feb 2016 and was refused with appeal rights( i knew this would happen) the HO didn't consider anything else but only the long time gap.

I had my Appeal hearing at the FTT court in Taylor House on 23rd November 2017. Judge was very convinced with the evidences i provided and pointed out few points which the HO could consider and issue me ILR on compassionate grounds. I am soo stressed that i can't think of anything other than what might happen next.

The judge was a lady and the HO lawyer both were very helpful as well. they didn't even call my husband to ask questions. I never expected the HO lawyer to be this helpful to be honest But i was told that he was not the one to take any decisions so i am too much scared now. Judge told me she allowed my appeal and wished me luck. I didn't receive any confirmation letter yet. I have been in this country lawfully now more than 12 years. Please can anyone shed some light as i don't have any idea on what to do next. anyone in the same situation? please help.

[tehan]

Hello Everyone,
I apologize for the long post.
I have just received my ILR after 2.5 years of long battle with the HO. My husband and I have been living in the UK legally for more than 12 years now but we had a long gap in continuous residency because of some unavoidable circumstances. I applied for ILR on feb 2016 and my husband and 1st son ( 5 yr old) applied the same time with a different application. I had another son ( 2 yr old) after i applied for ILR. First time it was refused with the right to appeal so we appealed and won the case and finally got my ILR 3 days ago. My husband got 2.5 years spouse visa instead of ILR. They didn't write anything about my son's visa yet.

Now my questions are : ( sorry for asking lots of questions as i want to clear and know all the possibilities)

1.When can my husband apply for ILR as he has been in the UK legally with me for more than 12 years?
2. do i need naturalization for both my kids before i can apply for their passport?
3. do i need to provide maintenance again when i apply for ILR for mu husband?
4. can my husband apply for ILR after i get my British citizenship 1 year later or after my son's gets their British passports ( i'm applying within a month) ?
5. how the 2.5 years of visa gap ( passport was at home office) be counted when my husband applies?
6. can my husband apply for ILR after 2 years when my elder son turns 7 yrs ( he will be a British citizen for 2 years then)?

Please Help me as its all very confusing for me. Please also let me know if there are any other way for my husband to apply for the ILR sooner then 5 years. Its a long time and we have already suffered a lot with these visa issues.

Regards

[CR001]

I will answer the ones I can.

1. You should state his full UK immigration history if you want help.

2. You have to register the children as British on form MN1. They can't apply directly for passport because they are not yet British.

3. Depends on the exact visa category they have issued. What does the letter say??

4. No. You and the children being British does not give any special rights.

5. See #1

6. No, it is not ILR based on 7 year child, it is 10 year FLR(FP).

[tehan]

Thank for your prompt reply. My husband came to UK 2006 as my dependent (i was a student then) after that we extented to PSW and HSMP. all the time for last 12 years his status was dependent.

[tehan]

I will answer the ones I can.

1. You should state his full UK immigration history if you want help.

2. You have to register the children as British on form MN1. They can't apply directly for passport because they are not yet British.

3. Depends on the exact visa category they have issued. What does the letter say??

4. No. You and the children being British does not give any special rights.

5. See #1

6. No, it is not ILR based on 7 year child, it is 10 year FLR(FP).

Thank for your prompt reply. My husband came to UK 2006 as my dependent (i was a student then) after that we extented to PSW and HSMP. all the time for last 12 years his status was my dependent. We applied for ILR after I completed 5 years of HSMP.

[tehan]

Hello Gurus,

I am a bit confused. I applied for ILR visa and my Husband and Kid they applied for ILR as well separately. I received ILR in June this year but my husband and kid received 2.5 years dependent visa. My husband has been in the UK for more than 12 years same like myself. My question is can my husband apply for ILR now as 10 years long residency route or does he have to wait for 5 years as my dependent and then apply for ILR? please help me as i am very confused what to so now.

Thanks in Advance

[zimba]

He can apply under SET(LR) if eligible