Dependent eligibility for ILR - Main application Long residence ILR submitted

[Thambidurai]

Hi,
I came to UK in 2010 and has now applied for ILR through Long residence, awaiting UK IDV verification for biometrics. Am currently on tier 2 ICT visa which is valid until Aug 2022.

Please could you guide me on when my spouse and child will be eligible for ILR.
a) I got married in May 2013 and my wife came to UK in June 2013 and is residing with me since then. She went to India for maternity, was in Ind from July 2016 to Apr 2017 and returned back to UK on 1st May 2017. Other than this, no other long break except normal vacations to India 3 times since 2013.
b) My son was born in Ind on 30th Sep 2016 and came to UK on 1st May 2017 and is residing with us since then.

I heard that both my spouse and son are not eligible for ILR immediately, am confused on when they would be eligible, what visa I should get for them once my ILR is approved, can they continue on current visa which is valid until 2022 or if I have to switch visa do I have time to switch or need to switch immediately. Thanks.

[CR001]

They don't qualify for ilr.

They both have to switch to FLR M spouse/child visa once you have ilr. Their 5 year ilr clock will reset to zero before they can apply for ilr.

Your spouse will need to meet the English A1 requirements and you will need to meet the £22,400pa financial requirment.

[Thambidurai]

Thanks for your response. A couple of follow up questions.

a) Would my wife not be eligible by June 2023 on a 10 year long residence ILR route ?
b) Will my son not be eligible for ILR once I get ILR ?

THANKS.

[CR001]

a) I did very clearly say the 5 year ilr clock resets!!

2. No. The child will follow the same immigration path as your spouse.

[Thambidurai]

Thanks and sorry for repeated questions on my spouse.

When I contacted a couple of solicitors for my ILR, one of them suggested that my spouse may become eligible through 10 year route by June 2023 with some documents for justification, that is the reason I double checked.

[CR001]

Solicitors are wrong.

She doesn't qualify for 10 years long residence in 2023 because she had a single absence of more than 180 days, which breaks her continuity of residence. Maternity is not a valid, compassionate or exceptionally compelling reason for exceeding the 180 days absence limit.

was in Ind from July 2016 to Apr 2017 and returned back to UK on 1st May 2017.

[Thambidurai]

Thank you very much, your advice is clear and very helpful.

[Thambidurai]

Hi,

Am now starting to think about the dependent visa application for my spouse and child.
Please could you advise on the below

a) I understand i need to apply for FLR (M) visa for my spouse once i get SET (LR), what visa should i get for my child
b) Can i start preparing the application for them now and keep it saved while i wait for my Set (LR) outcome ? Please provide the link that i should use for raising for the visa for them (Sorry i have gone through solicitor for my ILR application so not sure about the website)
c) Documents i need to produce for my spouse and child visa application to be successful
d) Can i apply visa for both my spouse and child together or needs to be one after the other ?
d) How long i have got to apply for their visa once i get my ILR, they currently are on Tier 2 ICT dependent visa which is valid until Aug 2022

Finally is it a easy application that i can do on my own for my spouse and child without seeking help from a solicitor. I know this differs from person to person but thought to seek a general advise.

Thanks a lot in advance.

[seagul]

Hi,

Am now starting to think about the dependent visa application for my spouse and child.
Please could you advise on the below

a) I understand i need to apply for FLR (M) visa for my spouse once i get SET (LR), what visa should i get for my child
b) Can i start preparing the application for them now and keep it saved while i wait for my Set (LR) outcome ? Please provide the link that i should use for raising for the visa for them (Sorry i have gone through solicitor for my ILR application so not sure about the website)
c) Documents i need to produce for my spouse and child visa application to be successful
d) Can i apply visa for both my spouse and child together or needs to be one after the other ?
d) How long i have got to apply for their visa once i get my ILR, they currently are on Tier 2 ICT dependent visa which is valid until Aug 2022

Finally is it a easy application that i can do on my own for my spouse and child without seeking help from a solicitor. I know this differs from person to person but thought to seek a general advise.

Thanks a lot in advance.

https://www.gov.uk/uk-family-visa/partner-spouse

[seagul]

https://www.gov.uk/guidance/immigration ... d-evidence

[AmazonianX]

Hi,

Am now starting to think about the dependent visa application for my spouse and child.
Please could you advise on the below

a) I understand i need to apply for FLR (M) visa for my spouse once i get SET (LR), what visa should i get for my child
b) Can i start preparing the application for them now and keep it saved while i wait for my Set (LR) outcome ? Please provide the link that i should use for raising for the visa for them (Sorry i have gone through solicitor for my ILR application so not sure about the website)
c) Documents i need to produce for my spouse and child visa application to be successful
d) Can i apply visa for both my spouse and child together or needs to be one after the other ?
d) How long i have got to apply for their visa once i get my ILR, they currently are on Tier 2 ICT dependent visa which is valid until Aug 2022

Finally is it a easy application that i can do on my own for my spouse and child without seeking help from a solicitor. I know this differs from person to person but thought to seek a general advise. It is easy enough without the need for solicitor for a straight forward application. Also, help is available on here to provide you the needed guidance every step of the way.

Thanks a lot in advance.

[Thambidurai]

Thanks. Am inclined to apply myself after following different threads on different forums here as it appears it is straight forward to apply FLR (M) for my spouse and son and some great help is available here.

I attended in person biometric for my set (LR) application on 8th Sep and awaiting result, my email ID is registered in UKVCAS for uploading docs and booking appointment.

Could you please guide me
a) if I can start filling the application now for my spouse and child now or should I wait until decision on my application is made
b) if I can use my email ID (Which is already used for my ILR Application) or better to use spouse email to avoid any confusion
c) Reading through the link provided, it appears it is just one single application that would cover both my spouse and child, am I right in my understanding ?
d) I can't exactly determine the visa and IHS cost of the application for 2.5 years validity, could you please advise ?
e) Is the super priority decision option by paying 800£ additionally available for this visa type ?

Thanks a lot in advance for your inputs.

[CR001]

a) if I can start filling the application now for my spouse and child now or should I wait until decision on my application is made

I would suggest wait till your have ilr as you will be required to tick you have it as the sponsor. Note also that if for any reason your ilr fails and you have submitted their FLR m, their application will also fail.

b) if I can use my email ID (Which is already used for my ILR Application) or better to use spouse email to avoid any confusion

Probably best to use the applicants (your spouse) email.

c) Reading through the link provided, it appears it is just one single application that would cover both my spouse and child, am I right in my understanding ?

Yes, child is added as a dependent to your spouse's application.

d) I can't exactly determine the visa and IHS cost of the application for 2.5 years validity, could you please advise ?

£1033 visa fee per applicant and £1000 IHS per applicant. Note that IHS is increasing in October.

e) Is the super priority decision option by paying 800£ additionally available for this visa type ?

The device is suspended for ALL and any applications at the moment. Note that you would have to pay £800 extra EACH if it was available.

[Thambidurai]

Thanks a lot, extremely useful.
Just one final query. Can I start filling the application now so I can start collecting documents or evidences required for the application but save it and not submit until decision on my ILR arrives.

[CR001]

You could yes.

[Thambidurai]

Thank you

[Thambidurai]

Hi,
Am still awaiting my SET LR application, attended biometrics on 8th Sep. While waiting for the decision, i have started collecting answers required for completing FLR M application for my spouse and children and also starting to gather all the required documents.

Reading through the document requirement, it appears that my spouse has to complete Grade 2 A1 test. My wife had previously completed SQA (Scottish Qualifications Authority) SCQF Level 4 (Scottish Credit and Qualification Framework) on Core Skill - Communication back in Oct 2014. Will this be still valid as there is no expiry date mentioned on the certificate and would this satisfy the English language requirement or she is still required to do Grade 2 A1 test ? Please advise.

[CR001]

Hi,
Am still awaiting my SET LR application, attended biometrics on 8th Sep. While waiting for the decision, i have started collecting answers required for completing FLR M application for my spouse and children and also starting to gather all the required documents.

Reading through the document requirement, it appears that my spouse has to complete Grade 2 A1 test. My wife had previously completed SQA (Scottish Qualifications Authority) SCQF Level 4 (Scottish Credit and Qualification Framework) on Core Skill - Communication back in Oct 2014. Will this be still valid as there is no expiry date mentioned on the certificate and would this satisfy the English language requirement or she is still required to do Grade 2 A1 test ? Please advise.

She needs the approved ukvi A1 test from a UKVi approved test provider on the current list.

[Thambidurai]

Thanks. Sorry am a bit unsure, is there a link which would give a view if SQA is a approved provider or not ?

[CR001]

https://www.gov.uk/guidance/prove-your- ... -test-selt

[Thambidurai]

Thank you

[Thambidurai]

Thank you.
A couple of follow up queries
a) If she takes A1 test now, will she be required to take the test again after 2.5 years for extension
b) Heard other people suggesting if my spouse takes Grade 5 B2 test now instead of A1, she may not be required to take English test again during extension, is this true
c) Can she complete Life in UK test now as she has time due to working from home and will this be valid after 5 years when she is applying for ILR

[seagul]

Thank you.
A couple of follow up queries
a) If she takes A1 test now, will she be required to take the test again after 2.5 years for extension
b) Heard other people suggesting if my spouse takes Grade 5 B2 test now instead of A1, she may not be required to take English test again during extension, is this true
c) Can she complete Life in UK test now as she has time due to working from home and will this be valid after 5 years when she is applying for ILR

a) yes A2

b)yes Correct as the rules stand until now

c) yes and it doesnt have any expiry.

[Thambidurai]

Thank you very much

[AmazonianX]

Thank you very much

The requirement is for UKVI SELT GESE at level B1 and if meeting all requirements may not have to redo another one till finally through with all stages if visa applications and extensions.