10 years Legal Residence Query

[tier2ICT_ES]

Hi,

I hope some of the expert members can help on the following queries.

1. I have lived in UK for 10 years on Tier 2(ICT) and Tier1 (Exceptional Talent) visa, my Tier 1 visa still have 3 years validity left but I wanted to make ILR application on based on 10 years legal residence route (as I have lived continually in UK for more than 10 years).

2. My wife and 2 kids (one of who was born in UK) are on Dependent UK visa and in UK.


Wanted to check:
a. Do we all have to apply together for the ILR, or is it possible for me to make application for myself now and later on for my wife/kids. Will their dependent visa be valid if I apply to change my visa status?

b. Do I have to apply for ILR for both of my kids, or should I just apply for ILR for myself/wife/Kid (who was born outside UK) and depending on decision on ILR apply straight for citizenship for the kid born in UK. (Is this allowed).

thanks.

[CR001]

a. Does your spouse have 10 years legal residence?? Note also that set LR form does NOT permit dependents to apply with you. Each person applying must meet the set LR requirements individually.

b. UK born children do NOT require ilr if you plan on registering them as British.

[tier2ICT_ES]

Thanks CR001.

a. My spouse doe have 10 year legal residence. She has been in UK on dependent visa throughout last 10 years period. Good to know that everyone has to do separate application. What I am not sure on is, if only I apply for ILR and not my wife - will her current dependent visa be valid or does she has to apply irrespective if I am applying (since she is dependent on me).

b. Regarding my UK born Kid - what I understand is that I need to wait for either me or my wife to get decision on ILR before registering my Kid as British. So during this interim period when Parent's apply for ILR - can my kid still stay on the current dependent visa?

thanks.

[CR001]

a. For ilr based on 10 years long residnece she is not dependent on you. Her visa remains valid but she should not travel out if the UK.

b. A UK born child does not need a valid visa to register as British. They have an entitlement to register once either parent gets ilr.

[tier2ICT_ES]

Thanks CR001,

a. So am I right in saying that I need to apply for my and my Wife's ILR and once we get a decision only then we can apply to register our UK born kid as British.

One more question on a related topic, hope you can help.

While preparing my wife's application on 10 Years residence - while calculating her period of residence from Passport Entry/Exit Stamps, I realized that for one of the travel from UK to Switzerland in back in April 2012 (Her Swiss immigration Entry stamp in missing in the Passport) - the travel from UK to Switzerland was for about a week, there is an exit stamp from Switzerland back to UK and UK Entry stamp but UK Exit stamp and Swiss Entry stamp is missing (will this create any issue). Myself and my other kid accompanied her in that journey - we both have swiss entry/exit stamp on the passport (just hers is missing) - I also have flight itinerary. Should I include these proofs with an cover letter explaining.

thanks.

[CR001]

a. So am I right in saying that I need to apply for my and my Wife's ILR and once we get a decision only then we can apply to register our UK born kid as British.

Correct as it is mandatory to submit your ilr brp in order to register a UK born child as British.

While preparing my wife's application on 10 Years residence - while calculating her period of residence from Passport Entry/Exit Stamps, I realized that for one of the travel from UK to Switzerland in back in April 2012 (Her Swiss immigration Entry stamp in missing in the Passport) - the travel from UK to Switzerland was for about a week, there is an exit stamp from Switzerland back to UK and UK Entry stamp but UK Exit stamp and Swiss Entry stamp is missing (will this create any issue). Myself and my other kid accompanied her in that journey - we both have swiss entry/exit stamp on the passport (just hers is missing) - I also have flight itinerary. Should I include these proofs with an cover letter explaining.

No letter required. Simply complete the absence as required in the form and submit the passports.

[tier2ICT_ES]

Hi CR001,

Thanks for your responses so far, I have one more question - I have tried to search in the form but dint get satisfactory answer.

In the SET(LR) application there is a question 'I have other reasons for wanting to stay in the UK'. I have mentioned it yes and provided reasons:
a. That my 3 years on Tier 1 will complete in Dec this year but since my 10 Year Legal Residence is completing first I am making this SET (LR) application.
b. Have mentioned that My children's have been in UK for more than 10 years.

But once I put these reasons, I am being asked to Provide 'Documents supporting my other reasons to stay in the UK'.

1. What additional document should I submit apart from Passports/residence permit for myself and family members which I am going to submit already as part of other evidences in the application?

Or should I answer this question differently.

thanks,

[zimba]

Leave the question unanswered

[tier2ICT_ES]

Thanks Zimba,

One more question: I am filling two separate SET(LR) application for me and my wife. We live together have full parental responsibilities of our kids who live with us.

There is a question : "Who does <<CHILD NAME>> normally live with?"
The option given is to select one of the Parent either me/wife or someone else. There is no option to select that the child lives with both.

In my Wife's SET(LR) application - She selected her Name as the parent with whom child lives.
In My SET(LR) application - I selected her Name as parent (to keep it consistent) with my wife's application.

As a result- I am being asked to submit the following document:

Evidence of <<myself>> parental relationship with <<CHILD NAME>>, such as a birth or adoption certificate, proof of financial contributions to the child’s well-being or general evidence demonstrating concern and interest in the child.

Question 1: I have the child's full birth certificate shown both Parents name which I can submit, but I am unsure on what proof to show as 'Proof of financial contributions to the child's well-being or general evidence demonstrating concern and interest in the child.

Question 2: Alternately in my SET(LR) application - can I select my Name as Parent with whom child normally live with. As both parent live together and child live with them - but this answer is not consistent with what my wife is filling in her form.

Hope you can help.

thanks,

[zimba]

https://www.immigrationboards.com/indef ... l#p1887410

[tier2ICT_ES]

Thanks Zimba.

I don't see option to select super priority application while completing the application. At start, the guidance did mention 'To manage demand, a set number of customers per day can use the super priority service.'

Is this option offered randomly to new applicants at the moment, or is there any particular time during the day when super priority applications are offered on first come serve basis.

[CR001]

Super priority service is suspended at the moment and not available.

[tier2ICT_ES]

Thanks CR001,

It seems the only option is to wait for couple of months then. Just have a question:
If I change my visa from T1 to ILR based on my SET(LR) application, will my UK born child'd dependent visa (who is currently dependent on my T1 visa) be valid anymore (to travel outside UK), or do I need to register my Child as British and get that approved before my child can travel outside UK.

[CR001]

will my UK born child'd dependent visa (who is currently dependent on my T1 visa) be valid anymore (to travel outside UK),

Unlikely and there is a risk that any dependents on a tier 1 dependent visa (once you have ILR based on long residence) are refused entry to the UK as the purpose of their visas have changed.

or do I need to register my Child as British and get that approved before my child can travel outside UK.

Ideally yes and get a British passport first before travelling.

[tier2ICT_ES]

Many Thanks CR001.

After submitting and paying for the application, I have got access to UKVCAS to upload documents and book appointment.

a. Its not clear on how and where should I send my original Passports/Residence permits, I have applied for SET(LR).
b. Should I scan my Passport and upload it - in this case do I need to scan all pages of the passport or just the first and last.
c. I have been asked to book appointment before 17th Sep but I dont see any appointment available at any of the centers. Should I just keep checking everyday to see when one is available .. will there be any issue if there is no appointment available prior to 17th Sep.

thanks,

[CR001]

a. No originals are sent to HO anymore.

b. Yes, you just scan and upload your passport and all your stamped pages for all passports for the last 10 years.

c. There are delays. https://www.ukvcas.co.uk/flash-message- ... geId=74833