ILR for Dependents

[sasim1]

Hi,

I got ILR on 10 years basis In November 2018. Student-PSW and Entrepreneur

My question is for my wife and daughter

My wife and daughter got student dependent visa on 23/12/2009 and entered in the UK on 20th December 2010. They were my PSW dependents and then from March 2014
Entrepreneur dependents until so far. Their visas are going to expire in 18 days. My UK born children now have British passport after my ILR.

1- Can I apply ILR for my wife and daughter ?
2- Will their 10 years ILR time starts 28 days before from their visa stump date (23/12/2009) or from entry date ?
3- What are my best options ?

Thanks in advance

[aman90]

1.Not eligible for long residence if they entered on 20/12/10
2. Should not be on PBS dependant visa as you got ILR via long residence.

FLR(M) or FLR(FP)

[sasim1]

Hi,

I got ILR on 10 years basis In November 2018. Student-PSW and Entrepreneur

My question is for my wife and daughter

My wife and daughter got student dependent visa on 23/12/2009 and entered in the UK on 20/01/ 2010. They were my PSW dependents and then from March 2014
Entrepreneur dependents until so far. Their visas are going to expire in 18 days. They traveled outside the UK in last July/August for 5 weeks. Now they are here. My UK born children now have British passport after my ILR.

1- Can I apply ILR for my wife and daughter ?
2- Will their 10 years ILR time starts 28 days before from their visa stump date (23/12/2009) or from entry date ?
3- What are my best options ?

Thanks in advance

[sasim1]

Hi Aman90,

Sorry they entered on 20/01/2010.

[CR001]

They don't qualify for ilr based on 10 years long residence yet. You will have to apply on FLR m form and your spouse will need to meet the English A1 test and the 2w,400 financial requirement if it is spouse and one child. More if you have more non British children apply for flr m.

[aman90]

Hi Aman90,

Sorry they entered on 20/01/2010.

Minus 28 days
Follow up on CR001’s advice.
Apply closer to expiry of current visa...Vary to ILR when in qualifying period.
Or send back before visa expiry and return to UK on visit visa.

[sasim1]

Hi Aman90,

Sorry they entered on 20/01/2010.

Minus 28 days
Follow up on CR001’s advice.
Apply closer to expiry of current visa...Vary to ILR when in qualifying period.
Or send back before visa expiry and return to UK on visit visa.

Thank you Aman,

Minus 28 days from visa start date or from entry date ?

[aman90]

Entry date!

[sasim1]

They don't qualify for ilr based on 10 years long residence yet. You will have to apply on FLR m form and your spouse will need to meet the English A1 test and the 2w,400 financial requirement if it is spouse and one child. More if you have more non British children apply for flr m.

Hi CR001,

Thank you for your advise.

1- When do you think they will qualify for ILR on 10 years basis.

2- They have not switched visa after my ILR in November 2018 and traveled out side of UK for 5 weeks. No question been asked at Airport on their return. Do you think their long residency still continues ?

[CR001]

They don't qualify for ilr based on 10 years long residence yet. You will have to apply on FLR m form and your spouse will need to meet the English A1 test and the 2w,400 financial requirement if it is spouse and one child. More if you have more non British children apply for flr m.

Hi CR001,

Thank you for your advise.

1- When do you think they will qualify for ILR on 10 years basis.

2- They have not switched visa after my ILR in November 2018 and traveled out side of UK for 5 weeks. No question been asked at Airport on their return. Do you think their long residency still continues ?

1. No sooner than within 28 days before the 10th anniversary of the date they entered the UK.

2. You were lucky. Other members have reported their visas being cancelled. There is no reason their residence has been broken if their visas were not cancelled etc.