Conviction record for main applicant – Queries on ILR for dependents ...Please help

[rk_niu1981]

Hi All
Need your help please. I got quite a few queries on ILR, I would really appreciate if anyone of you have any information on them, and if you can respond to my note below.

My current situation is I got my British citizenship about 1.5 year back. In the last 5 months I have been arrested twice and been convicted for the following charges:
1. In charge of motor vehicle – alcohol level above limit (Bit of badluck here. My wife does not like me drinking, so I was just drinking in my car in my apartment parking lot as I don’t want my wife to know about my drinking, unfortunately she noticed and called police so they can come and give warning, but instead they arrested me with above charge, I have no idea that its illegal to drink in car even though am not driving or no intention to drive, I have no intention to drive at all, but I had no choice but to plead guilty, so I got conviction – I got 9 points on my license and paid a penalty of £500 I think)
2. Assault by beating (Battery) – No injuries etc, considered as category 3, lowest punishment one and I got £1000 penalty for this. No other punishment.

Queries:

1. I need to apply ILR for my daughter and my wife, who are currently on Tier 1 Gen Dep visas, they will qualify for ILR later this year. As I am the main applicant, could you tell me if my convictions above will create any problem for them to get the ILR?
2. This is something I asked in the past as well, but want to confirm again. Can I apply ILR just for my daughter now and apply for my wife at a later time?
3. Lets say I apply ILR for both of them at the same time and they got approved. Can I apply citizenship for my daughter first and apply for my wife at a later time? Or Do I need to apply this at same time again for both of them? I am asking this due to financial situation.
4. My wife and my daughter got their first Tier 1 Gen Dep visas valid from 19/09/2014. And they arrived in UK on 09/10/2014. I am trying to figure out what is the earliest date I can apply ILR for them, is it 5 years counting from 19/09/14 (Visa valid date) or 5 years from 09/10/2014 (Entry clearance date). Please could you let me know.
5. My wife and my daughter are like 4 months away from applying ILR. Due to personal circumstances I may have to move back to India in the next couple of months to stay there for some time, obviously my wife and daughter does not meet 5 year stay in UK to apply for ILR. But as we are typically allowed some absences during the 5 years, would it be ok to go to india in a month or so and apply ILR from there? I am not sure about this, please could you advise. If I apply ILR in india, what are the chances of approval?

Apologies but I have quite a few queries, please could you review and answer them if you have any idea.

Thanks in advance.

[CR001]

1. Your Wife is the main applicant for ILR jot you.

2. No. Child will qualify when mother does.

3. Yes you can apply for daughter once wife and child have ILR

4. No sooner than with 28 days before date of initial visa issue date

5. You cannot apply for ILR from outside the UK. You both need to be present and settled in the UK for her and the child to qualify.

[rk_niu1981]

Thanks CR001, appreciate your response.
Just one query on your response for Item 4

4. No sooner than with 28 days before date of initial visa issue date

Just to confirm that the initial visa date was 19 Sep 2014. So I can apply ILR for them around or after 22 August 2019. Could you please confirm?


Thanks again.

[CR001]

Thanks CR001, appreciate your response.
Just one query on your response for Item 4

4. No sooner than with 28 days before date of initial visa issue date

Just to confirm that the initial visa date was 19 Sep 2014. So I can apply ILR for them around or after 22 August 2019. Could you please confirm?


Thanks again.

Yes, if that is WITHIN 28 days before. Note it does not have to be exactly day 28.

[rk_niu1981]

Hi CR001
Apologies but one more query on your response to my question # 1

1. Your Wife is the main applicant for ILR jot you.

So, the main applicant will be my wife and my daughter. But are my convictions going to affect their ILR application in anyway?

Please could you let me know.

Thanks again for all the help.

[CR001]

Your convictions are irrelevant.

[rk_niu1981]

Many thanks CR001, greatly appreciate the help. Cheers!

[rk_niu1981]

Hi CR001
Few more queries please:

1. If I go back to India and return after 1 year or so, then obviously my daughter broke the 180 day rule in an year and also possibly break in her continuous stay as her visa expires in June 2020, so does she have to stay 5 more years to qualify for ILR when she returns back at a later time
2. Is there any possibility to apply ILR for my daughter alone, if not now, then when she grows up, may be 18 years old etc. At that time also do I need to apply for my daughter and wife together? I have some problems with my wife at the moment so just asking what are my options as I dont want my daughter to loose the citizenship here that too after getting this close. She is Type 1 diabetes (considered as disability in UK) I want to make sure she has an alternative option outside india at anytime. But my wife is making my life difficult here, so due to which I am thinking of going back to India.
Please could you let me know if there are any other alternative so I will make sure to give my daughter a citizenship.

Once my daughter has citizenship I am okay for my wife to come with her in future and obtain citizenship. Its just that I dont want to spend any more money on my wife on her immigrations status due to personal issues I have with her.

Thanks in advance.

Please could you respond when you are free.

[CR001]

1. If I go back to India and return after 1 year or so, then obviously my daughter broke the 180 day rule in an year and also possibly break in her continuous stay as her visa expires in June 2020, so does she have to stay 5 more years to qualify for ILR when she returns back at a later time

PBS Dependent absences only apply IF they hold a visa issued on or after 11th January 2018. So if this applies, then yes your daughter won't qualify for ILR and will have to wait however many years again to qualify. Note that your spouse will not be able to remain in the UK as a PBS Dependent if you leave the UK.

2. Is there any possibility to apply ILR for my daughter alone, if not now, then when she grows up, may be 18 years old etc. At that time also do I need to apply for my daughter and wife together? I have some problems with my wife at the moment so just asking what are my options as I dont want my daughter to loose the citizenship here that too after getting this close. She is Type 1 diabetes (considered as disability in UK) I want to make sure she has an alternative option outside india at anytime. But my wife is making my life difficult here, so due to which I am thinking of going back to India.
Please could you let me know if there are any other alternative so I will make sure to give my daughter a citizenship.

A PBS Dependent child will only qualify for ILR when both parents are also applying OR when they are applying with the other dependent visa holder parent. They cannot apply for ILR on their own via the PBS route. They could apply on their own if they have 10 years legal residence. Diabetes might be considered a disability, but not for the purposes you are assuming. The condition can be effectively treated in the majority of countries, so simply having diabetes would not be a route for your daughter on its own to remain in the UK. Once your daughter turns 18, it becomes a bit harder for her.

Once my daughter has citizenship I am okay for my wife to come with her in future and obtain citizenship. Its just that I dont want to spend any more money on my wife on her immigrations status due to personal issues I have with her.

Your daughter can only be registered as British on form MN1 while under 18 if BOTH parents are settled (ie hold ILR or British citizenship) and both parents must consent. Once your daughter turns 18, she has to meet the 5 years requirements, including ILR for 12 months, before she can apply for citizenship.

I would suggest you resolve the issues with your wife for the sake of securing your daughters future if that is what you are most concerned about.

[rk_niu1981]

Hi CR001
Thank you.
Apologies but am in so much confusion on how do I get citizenship for my daughter. I dont mind to apply for my wife as well, because the issues we have might get resolved at a later time. But at the moment its looking difficult to stay here. Just two more queries:

*Their PBS visas expire on June 2020. For eg: if I come back in May 2020 before their visas expire, can I apply for their ILR directly as you mentioned absences is not a problem, because their PBS Dep visas were issued in Sep 2014, so as per your post earlier, this should not be a problem. Could you confirm please?

* Lets say we will be in India till their current PBS Dep visas expire. Obviously if I want to bring them back here after their visas expire, then I need to apply for their fresh visas again as there is a break in continuous residence. At that time, could you tell what sort of visa do I need to apply for them and how long they need to live here before they qualify again for ILR. Do i need to apply for Tier 1 Gen Dep visas again to come back or is there any other visa i can apply, and what are the fees involved, and the time required for them to qualify for ILR again.

Apologies again. Please could you advise.

Thanks again for all the help.

[CR001]

1. What date was their most recent visa granted/approved, ie their current extension/visa??

2. If their visas expire and they are abroad, it is spouse Settlment visa, resetting their clock to zero and a new 5 year route to ILR, 2 x 2.5 year visas. Fee is £1523 each plus £1200 IHS. English requirement must be met and £22400 per annum income for you.

[rk_niu1981]

Hi CR001
Please find the answers for your response:

1. Their most recent visa extn happened in June 2017 and were given 3 years until June 2020. They got their first visa on Sep 2014.
2. On your second response, After their visa expires, you said I need to bring them back on Spouse settlement visa. Can I not bring them as dependents of british citizen with 3 years qualifiction for ILR. I thought this was the case to bring the dependants of british citizen, I may be wrong. Just want to make sure I want to review all the options.

Thanks again for all the help.

[CR001]

1. Absence doesn't apply to them then.

2. That is the visa I stated. They would need 5 years on that visa, 2 x 2.5 years, before qualifying for ILR. There is no 3 years route to qualify for ILR. Time already spent in the UK on tier 1 dep doesn't count.

[rk_niu1981]

Hi CR001
Thanks again for the reply. Just the last one, I may be asking the same question in a different way, apologies but please could you reply:

* Next year June 2020 their visas will expire, I will extend my daughter's visa only before it expires so I can apply her ILR in an year or so. Is it possible to just apply ILR for my daughter?
* I wont be officially divorced with my wife, but upon mutual consent if I bring my daughter to UK and she lives with me here before her current visa expires or after visa extension (without breaking continuous residence), can I still apply for ILR for my daughter only once she meets all criteria (as my wife is no longer with me and she will be in india)?
* If not, will it be ever possible for me to apply ILR only for my daughter before 18 or after 18 years of her age, even though me and my wife are not divorced, or may be after divorce.

Thanks again.

[CR001]

Your daughter will not qualify for an extension or ILR if the mother does not apply too.

[rk_niu1981]

Hi CR001
Thats a bit of setback, I wonder why the rules are like that
What about when my daughter gets over 18 years or when we are divorced and my daughter want to stay with me? Please could you let me know.
Thanks

[CR001]

The rules are like that to prevent parental abductions and for safeguarding children.

Difficult when she is over 18 too.

If you are divorced, you have to prove sole responsibility with official court documents.

How old is your daughter?

[rk_niu1981]

Thanks. My daughter is 8 years

[rk_niu1981]

The rules are like that to prevent parental abductions and for safeguarding children.

Difficult when she is over 18 too.

If you are divorced, you have to prove sole responsibility with official court documents.

How old is your daughter?

Ok, thanks. But its sad to hear.
What if people are honest like me and want to give a better life to his daughter whenever she wants, its not fair. The only reaosn am too worried is my daughter is Type 1 diabetes, you said that its common everywhere, but no school in India can look after my child well as compared to UK. I tried to compromise with my wife but not much luck. I will continue to try so my daughter gets citizenship here.
My perception is that compared to India, in UK the girls are much safe here. Thats the only reason why I came here.

Thank you CR001 for your help. Your feedback certainly helps me to think and plan better.

[10020132]

Can you confirm if your daughter was born in UK or India?
Because if she is born in UK then it will be a different story altogether

[hassanattique]

All of your replies makes your intention clear, You want to divorce your wife by taking her to india and only want to apply ILR for your daughter so later her mother is not able to visit her akin to Abduction.

I strongly suggest drop your schemes to cut your wife from getting ILR and make peace with your wife for the sake of your daughter.

BTW your daughter will not be able to get ILR without your her mother.

The rules are like that to prevent parental abductions and for safeguarding children.

Difficult when she is over 18 too.

If you are divorced, you have to prove sole responsibility with official court documents.

How old is your daughter?

Ok, thanks. But its sad to hear.
What if people are honest like me and want to give a better life to his daughter whenever she wants, its not fair. The only reaosn am too worried is my daughter is Type 1 diabetes, you said that its common everywhere, but no school in India can look after my child well as compared to UK. I tried to compromise with my wife but not much luck. I will continue to try so my daughter gets citizenship here.
My perception is that compared to India, in UK the girls are much safe here. Thats the only reason why I came here.

Thank you CR001 for your help. Your feedback certainly helps me to think and plan better.

[CR001]

Can you confirm if your daughter was born in UK or India?
Because if she is born in UK then it will be a different story altogether

Child born in India as child came on tier 1 g with mother in 2014.

[rk_niu1981]

Hi
Thanks for your response, appreciate it.
My daughter is born in India.
Please do let m eknow if I have any options to apply for ILR & Citizenship to her, without applying for my wife, either now or at a later time(after an year or several years later)
Thanks again

[rk_niu1981]

All of your replies makes your intention clear, You want to divorce your wife by taking her to india and only want to apply ILR for your daughter so later her mother is not able to visit her akin to Abduction.

I strongly suggest drop your schemes to cut your wife from getting ILR and make peace with your wife for the sake of your daughter.

BTW your daughter will not be able to get ILR without your her mother.

The rules are like that to prevent parental abductions and for safeguarding children.

Difficult when she is over 18 too.

If you are divorced, you have to prove sole responsibility with official court documents.

How old is your daughter?

Ok, thanks. But its sad to hear.
What if people are honest like me and want to give a better life to his daughter whenever she wants, its not fair. The only reaosn am too worried is my daughter is Type 1 diabetes, you said that its common everywhere, but no school in India can look after my child well as compared to UK. I tried to compromise with my wife but not much luck. I will continue to try so my daughter gets citizenship here.
My perception is that compared to India, in UK the girls are much safe here. Thats the only reason why I came here.

Thank you CR001 for your help. Your feedback certainly helps me to think and plan better.

Thanks for your response.
Seems like I did not phrase my queries properly in previous posts, I have no intentions of not to apply ILR for my wife which I clearly specified in one of the above posts and I don't want to get divorced as well, as I know my kids can be happy only with both of us.
I am only asking in the worst cases which will never happen anyway, and also I want to know if there is anyway atleast my daughter gets ILR incase if we go to India and come back after several years as my wife does not want to wait for ILR and wants to go back to India now. If I come after several years then I have to pay the fee again for 5 years Visas and apply for ILR, Citizenship for both of them, so much money involved.
I apologise I may have posted few queries in anger but definitely no intentions to divorce my wife or get separated at all. Even though I got arrested two times because of my wife only, it was my mistake so I have no hard feelings on her as I should have listened to her but I was drunk and did not listen.

I will definitely apply for their ILR before their visas expire and I will figure out a way to do that.

Thanks again for your time.