Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
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jedi1411
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by jedi1411 » Mon Dec 07, 2020 4:47 pm
Hello,
I will be applying for my ILR in the month of Feb-2021 through the T2G route and my partner will be applying in the month of July-2021. We have a child (under 10 Yrs) who was born in the UK.
My query:
Can I apply for ILR for my child at the same time as mine i.e. in Feb-2021?
Or
Should I apply for ILR for my child with my partner i.e. in July 2021?
Any help on this would be a great help.
Regards
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CR001
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by CR001 » Mon Dec 07, 2020 6:23 pm
Your UK born child does NOT need ilr if you plan on registering the child as British.
Char (CR001 not Casa)
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jedi1411
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by jedi1411 » Tue Dec 08, 2020 10:29 am
Thank you CR001 for the guidance. We are considering this option. However I wanted to check if
1. Can I apply for ILR for my child at the same time as mine i.e. in Feb-2021?
Or
2. Should I apply for ILR for my child with my partner i.e. in July 2021?
And a followup question on registration
As I understand child born in UK (under 10) can register as British citizen. In my situation my child is on a T2 dependent and his visa expires on the same day as mine.
Given the current situation there is no super priority (one day service), in this case i will not be receiving my outcome before his visa expires.
Question:
Will his stay in the UK be categorised as illegal and I might have problems later applying for his citizenship?
Regards,
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zimba
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by zimba » Tue Dec 08, 2020 1:53 pm
jedi1411 wrote: ↑Tue Dec 08, 2020 10:29 am
Thank you CR001 for the guidance. We are considering this option. However I wanted to check if
1. Can I apply for ILR for my child at the same time as mine i.e. in Feb-2021?
Or
2. Should I apply for ILR for my child with my partner i.e. in July 2021?
And a followup question on registration
As I understand child born in UK (under 10) can register as British citizen. In my situation my child is on a T2 dependent and his visa expires on the same day as mine.
Given the current situation there is no super priority (one day service), in this case i will not be receiving my outcome before his visa expires.
Question:
Will his stay in the UK be categorised as illegal and I might have problems later applying for his citizenship?
Regards,
Normally ILR can only be granted if both parents are settled. Some argue that for UK born children this is not the case (ILR can be applied when one parent gets ILR) but I do not see how the rules allow this. Overstaying has
NO effect on the registration and entitlement to British citizenship of a UK born child.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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jedi1411
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by jedi1411 » Wed Dec 23, 2020 10:38 am
Thank you very much for your responses.
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vinny
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by vinny » Wed Dec 23, 2020 11:02 am
Zimba wrote: ↑Tue Dec 08, 2020 1:53 pm
Normally ILR can only be granted if both parents are settled. Some argue that for UK born children this is not the case (ILR can be applied when one parent gets ILR) but I do not see how the rules allow this. Overstaying has
NO effect on the registration and entitlement to British citizenship of a UK born child.
The UK born child
rules permit this. But child’s ILR is not required for the purposes of
registering as a British citizen under Section 1(3) or 1(4).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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jedi1411
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by jedi1411 » Wed Dec 23, 2020 11:30 am
Thanks Vinny,
My child is on a PBS dependent visa, he is under 10 yrs old and was born in the UK. I will be applying for ILR in Feb-2021.
considering my application goes through and all of the above i believe he can still register for British citizen. it will be helpful if you can confirm my query.
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jedi1411
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by jedi1411 » Wed Dec 23, 2020 12:35 pm
Hello,
This forum has been very helpful in answering some of my queries. very thankful to everyone who has responded. Hopefully a final question more to re assure myself that I doing the right thing
I will be applying for my ILR in the month of Feb-2021 through the T2G route and my partner will be applying in the month of July-2021. We have a child (under 10 Yrs) who was born in the UK and has a TG2 dependent (PBS dependent) visa.
It would be helpful if you can confirm the following.
1. I will be applying in Feb-2021 for ILR through the T2G - 5 Year route.
2. My partner will be applying for an extension as she does not complete her 5 Yrs at the same time as me.
3. I will be registering my child for British citizenship once i my ILR is successful.
4. Overstay of my child till my decision comes through is not an issue.
Regards,
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vinny
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by vinny » Wed Dec 23, 2020 12:55 pm
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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srsw
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by srsw » Wed Dec 23, 2020 12:55 pm
Yes, to all questions based on the info you provided.
Btw, your child stay will not be considered overstay as the child is born here in the UK and entitled to be registered as BC once you get your ILR.
My advice is based on personal research/experience, so pls check relevant UKVI sources.
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CR001
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by CR001 » Wed Dec 23, 2020 12:57 pm
Topics merged where all these questions were already answered when you posted on 7 december.
Char (CR001 not Casa)
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jedi1411
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by jedi1411 » Wed Dec 23, 2020 1:15 pm
Thank you very much for all the responses. really appreciated.
Regards,
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jedi1411
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by jedi1411 » Tue Jan 05, 2021 12:50 pm
Hello Board members,
In relation to questions above on registration for BC for my child.
Current Status:
I will be applying for my ILR in the month of Feb-2021 through the T2G route and my partner will be applying in the month of July-2021. We have a child (under 10 Yrs) who was born in the UK and has a TG2 dependent (PBS dependent) visa and has a Indian passport.
Question:
Is having a Foreign passport an issue while registering or am i thinking too much here?
Your help here will be much appreciated.
Regards,
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CR001
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by CR001 » Tue Jan 05, 2021 1:06 pm
jedi1411 wrote: ↑Tue Jan 05, 2021 12:50 pm
Hello Board members,
In relation to questions above on registration for BC for my child.
Current Status:
I will be applying for my ILR in the month of Feb-2021 through the T2G route and my partner will be applying in the month of July-2021. We have a child (under 10 Yrs) who was born in the UK and has a TG2 dependent (PBS dependent) visa and has a Indian passport.
Question:
Is having a Foreign passport an issue while registering or am i thinking too much here?
Your help here will be much appreciated.
Regards,
Overthinking. Please also do not post citizenship questions in an ilr topic or ilr sub forum. Post in the citizenship sub forum!
british-citizenship/
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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jedi1411
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by jedi1411 » Tue Jan 05, 2021 1:44 pm
Thank you CR001
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jedi1411
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by jedi1411 » Fri Jan 15, 2021 8:32 pm
Hello Board Members,
Date on BRP - 27/02/2016
Date on Visa - 12/03/2016
Entered UK on 03/04/2016
End date on BRP - 11/03/2021
I plan to submit my application ILR application on 13/02/2021 which is 27 days before my visa expires. I wanted confirm if i am calculating the date correctly (i.e. 28 days) or should I apply 28 days from "entry in UK" i.e. 03/04/2016?
Regards,
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CR001
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by CR001 » Fri Jan 15, 2021 8:36 pm
For ilr based on tier 2, you can apply no sooner than within 28 days before the 5th anniversary of the initial visa issue date of your tier 2. The latest you can apply is the expiry date of your visa.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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jedi1411
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by jedi1411 » Sun Jan 17, 2021 12:38 pm
Thank You CR001
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jedi1411
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by jedi1411 » Fri Feb 05, 2021 10:39 am
Hello Board Members
I will be applying for ILR via the T2G - 5Yr route and my partner will be applying in the month of May -2021 having completed 5 yrs on T2G dependent. I had a couple of questions
1. Do I need to produce proofs for co-habitation for recent 2 years or all 5 years?
2. I understand from reading various other threads that if both primary and dependent are on a document proof then 3/4 sources should suffice?
3. If the dependent name is solely mentioned on the document proof then it would be 6/7 sources.
4. Do the co habitation proofs need to be for every quarter in a year?
Regards,
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zimba
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by zimba » Fri Feb 05, 2021 3:15 pm
Cohabitation evidence is required for the LR application of your dependant NOT yours. It is covering a period of 2 years from at least 3 sources. It simply needs to cover the two years but not every month
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice