ilr spouse application

[ukman1982]

Hi,

I had my ilr apoeoved in Nov 2019 via tier 2 route.My wife will be eligible for application in Jan 2020 when she finishes her 5year stay under Tier 2 dependant vida. Should she use set(m) application form?

My son was born in the uk and is 3 yrs old. Is he supposed to be added as dependant of my wife in her application? These may sound simple questions but I just want to double check. Thanks!

[zimba]

I had my ilr apoeoved in Nov 2019 via tier 2 route.My wife will be eligible for application in Jan 2020 when she finishes her 5year stay under Tier 2 dependant vida. Should she use set(m) application form?

No. The correct form is SET(O)

My son was born in the uk and is 3 yrs old. Is he supposed to be added as dependant of my wife in her application? These may sound simple questions but I just want to double check. Thanks!

Your son is entitled to British citizenship. You can register him as British using form MN1

[ukman1982]

Hi Zimba,

My understanding is set(o) is for spouse who applies for ilr with the main applicant but not after the main applicant gets settlement status. Am I not right?

My son was born before any of us got ilr. Why is he entitled for british citizenship?

Thanks in advance.

[CR001]

My understanding is set(o) is for spouse who applies for ilr with the main applicant but not after the main applicant gets settlement status. Am I not right?

No you are not right. Set O is not only when applying together. A PBS dependent can must apply on SET O if the main PBS migrant got ilr already via the PBS route. There is no other form she can apply on as a PBS dependent visa holder.

My son was born before any of us got ilr. Why is he entitled for british citizenship?

He is entitled to register as British on form MN1 one either parent gets ILR because he was born in the UK. He does not need ILR to be able to do this. Note he has to apply to be registered as british, costs £1023 and take a couple of months and is an entitlement as he was born in the UK. He is not automatically British once either parent gets ILR.

[vinny]

Hi Zimba,

My understanding is set(o) is for spouse who applies for ilr with the main applicant but not after the main applicant gets settlement status. Am I not right?

No. SET(O) is for also applicants who satisfy 319E while SET(M) is for spouses applying under D-ILRP.

My son was born before any of us got ilr. Why is he entitled for british citizenship?

It’s in the British Nationality Act.

[ukman1982]

Hi,

Can my son choses to just get ilr but not citizenship at this stage?

Hi Zimba,

My understanding is set(o) is for spouse who applies for ilr with the main applicant but not after the main applicant gets settlement status. Am I not right?

No. SET(O) is for also applicants who satisfy 319E while SET(M) is for spouses applying under D-ILRP.

My son was born before any of us got ilr. Why is he entitled for british citizenship?

It’s in the British Nationality Act.

[CR001]

Hi,

Can my son choses to just get ilr but not citizenship at this stage?

Yes, he can. He has the entitlement to register as British until he turns 18. Remember though that ILR can be lost if absent from the UK for 2 or more years.

What is your nationality?

[ukman1982]

Chinese

Hi,

Can my son choses to just get ilr but not citizenship at this stage?

Yes, he can. He has the entitlement to register as British until he turns 18. Remember though that ILR can be lost if absent from the UK for 2 or more years.

What is your nationality?

[ukman1982]

If my son goes for theILR route, can he be added as the dependant of my wife during her application?

Hi,

Can my son choses to just get ilr but not citizenship at this stage?

Yes, he can. He has the entitlement to register as British until he turns 18. Remember though that ILR can be lost if absent from the UK for 2 or more years.

What is your nationality?

[CR001]

Yes, you can add him to your wife's application.

[ukman1982]

A few questions about SET(O) then:
1. Regarding my visa, there is no ILR option, I suppose this is asking under which route I got my ILR?
2. My BRP number, should I give my wife the ILR no. or the old Tier 2 number?
3. The date entered the UK. I suppose it is the 'valid from date' in my wife's first Tier 2 defendant visa as she entered the UK just one month after her visa was approved.

Thanks!

My understanding is set(o) is for spouse who applies for ilr with the main applicant but not after the main applicant gets settlement status. Am I not right?

No you are not right. Set O is not only when applying together. A PBS dependent can must apply on SET O if the main PBS migrant got ilr already via the PBS route. There is no other form she can apply on as a PBS dependent visa holder.

My son was born before any of us got ilr. Why is he entitled for british citizenship?

He is entitled to register as British on form MN1 one either parent gets ILR because he was born in the UK. He does not need ILR to be able to do this. Note he has to apply to be registered as british, costs £1023 and take a couple of months and is an entitlement as he was born in the UK. He is not automatically British once either parent gets ILR.

[CR001]

1. It is asking your route to ilr. Set o is the ilr form so it won't have an ilr category. Obvs your wife is the main applicant and her details go in that section, not yours.

2. Ilr.

3. It does clearly stated entered and joy visa issue date. Surprisingly HO do actually know the rules about qualifying form visa start date. Simply answer the form questions with what is asked for, ie date entered.

[ukman1982]

The form also asks for the sponsor number. As I got the ilr already, can my wife still use my old CoS number for this question? I am a little confused

1. It is asking your route to ilr. Set o is the ilr form so it won't have an ilr category. Obvs your wife is the main applicant and her details go in that section, not yours.

2. Ilr.

3. It does clearly stated entered and joy visa issue date. Surprisingly HO do actually know the rules about qualifying form visa start date. Simply answer the form questions with what is asked for, ie date entered.

[CR001]

Yes, you use your tier 2 details.

[ukman1982]

I started receiving child benefit after my ilr approval. Will this affect my wife's and son's ilr application?
Thanks

Yes, you use your tier 2 details.

[CR001]

No.

[ukman1982]

A few more questions
The application form does not ask for time outside the UK. Is this because my wife's current visa was issued before the 11 Jan 2018 so the HO does not care the so called 180 days rule?

Also there is no financial requirement such as my wife's payslips etc in the form except asking about the public fund situation. Is this what is expected?

No requirement to show the marriage certificate or even my son's birth certificate. Am I missing something?

No.

[CR001]

The application form does not ask for time outside the UK. Is this because my wife's current visa was issued before the 11 Jan 2018 so the HO does not care the so called 180 days rule?

Correct.

Also there is no financial requirement such as my wife's payslips etc in the form except asking about the public fund situation. Is this what is expected?

There is no financial or maintenance fund requirment for ilr on set o for dependents.

No requirement to show the marriage certificate or even my son's birth certificate. Am I missing something?

You can submit these and you also need to submit 2 years evidence of cohabitation in both your names from 3 to 6 different sources spread evenly for every 3 to 4 months over the two years.

[ukman1982]

Hi,

Regarding the cohabitation, we only have bank statement which includes both of our names. Other letters such as bills or tax codes letters only have either of our names and the time spread is quite random. Do you think this is acceptable as well?

Thanks.

The application form does not ask for time outside the UK. Is this because my wife's current visa was issued before the 11 Jan 2018 so the HO does not care the so called 180 days rule?

Correct.

Also there is no financial requirement such as my wife's payslips etc in the form except asking about the public fund situation. Is this what is expected?

There is no financial or maintenance fund requirment for ilr on set o for dependents.

No requirement to show the marriage certificate or even my son's birth certificate. Am I missing something?

You can submit these and you also need to submit 2 years evidence of cohabitation in both your names from 3 to 6 different sources spread evenly for every 3 to 4 months over the two years.

[CR001]

It can be joint names OR in either name. You simply need to submit evidence in both names, jointly or individually, at the same address.

[ukman1982]

Hi,

Sorry but just for clarification. My wife meets the 319E rule but the rule does not say which form should be used for this case?

Hi Zimba,

My understanding is set(o) is for spouse who applies for ilr with the main applicant but not after the main applicant gets settlement status. Am I not right?

No. SET(O) is for also applicants who satisfy 319E while SET(M) is for spouses applying under D-ILRP.

My son was born before any of us got ilr. Why is he entitled for british citizenship?

It’s in the British Nationality Act.

[CR001]

319E iss specific to PBS dependents under immigration rules Appendix W, which means it is ONLY form Set O that can be used.

She cannot apply on Set M because she does not hold a spouse visa under immigration rules Appendix FM for 5 years.

[ukman1982]

Thanks. My son's passport will expire before 2024. Will this affect his application?

319E iss specific to PBS dependents under immigration rules Appendix W, which means it is ONLY form Set O that can be used.

She cannot apply on Set M because she does not hold a spouse visa under immigration rules Appendix FM for 5 years.

[CR001]

No.

[ukman1982]

Can I just double check the earliest date my wife can submit the online application? Her first tier 2 dependant visa was valid from 03/Feb/2015. I suppose it is the 6th Jan 2020 that she can submit her application on.

Thanks,
Guangtai

1. It is asking your route to ilr. Set o is the ilr form so it won't have an ilr category. Obvs your wife is the main applicant and her details go in that section, not yours.

2. Ilr.

3. It does clearly stated entered and joy visa issue date. Surprisingly HO do actually know the rules about qualifying form visa start date. Simply answer the form questions with what is asked for, ie date entered.