ILR eligibility for child and spouse

[mail2debi]

Hi Experts,

I entered into UK in Dec 2010 and I will be eligible for my ILR in Dec this year. I also got lot of helpful input on my elgibility from various other posts.

I need some information on my dependents (spouse + 7 yrs old child). They will be completing 10 yrs in 2023. We have our current Tier 2 ICT visa till Dec 2021.


So, I have below doubts:

1. Can my dependents continue in UK till their current visa run out? While I will apply for my ILR in December this year?
2. Can I apply ILR for child along with my application, as she completed 7 yrs in UK already?
3. If answer to my above question is yes, then what visa I need to apply for them after their current visa runs out? And will this process need lot of documents?

Based above response, I will be planning my ILR application.

Appreciate, if you can help me with my doubts.

[CR001]

1. Can my dependents continue in UK till their current visa run out? While I will apply for my ILR in December this year?

If they have tier 2 dependent visas, once you have ILR, they should switch to FLR(M) visas, especially if they plan on travelling out of the UK.

2. Can I apply ILR for child along with my application, as she completed 7 yrs in UK already?

No. There is no '7 year ILR route'. SET(LR) also does NOT permit dependents to apply with you. The child will qualify for ILR once both parents have ILR.

3. If answer to my above question is yes, then what visa I need to apply for them after their current visa runs out? And will this process need lot of documents?

Form FLR(M). They need to meet the £22,400pa financial requirement and your spouse needs to meet the English requirement. It will be a 2.5 year visa.

[mail2debi]

Thanks for a quick response.

So, for applying the FLR(M) visa - is there any rule to apply with in specific time after I receive my ILR? Or it has be along with my ILR application?
I am asking to confirm, if their Tier 2 dependents visa will become invalid the day I will get my ILR !!

Also, if I need submit the same documents as a fresh application? such as Marriage certificate,Birth certificate etc.?

[CR001]

You can apply after you are granted ILR.

The link I have provided explains what is required, see below.

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

[mail2debi]

Thanks a lot !!

[mail2debi]

Hi All,

I have a question on ILR eligibility for my spouse and child who is 8 yrs old. Below is my situation:

My visa status- ILR (approved this month)
My Wife's visa status -

Tier 2 Dependent (Arrived first in March 2011 and then left on Sep 2012)
Tier 2 Dependent (Arrived Jun 2013 - till now)

My daughter's visa status - Tier 2 dependent (Jun 2013 - till now)

So my questions:

1. My wife's continuity is broken, so she has to apply FLR(M) till she completes 10 yrs. Is this correct?
2. Can my daughter apply ILR on top of my ILR or she needs to apply FLR(M)? In case she can't apply ILR now, can she apply after I get my British passport? Any direction to the eligibility criteria for minors will be really helpful.

Thanks a lot in advance

[CR001]

1. FLR M yes provided she meets all the requirements.

2. No shortcut route for your daughter unfortunately. She has to apply for the same route as your wife. She will qualify for ilr when both parents have ilr or if she meets the 10buear long residence route herself. You having a British passport makes no difference to her route.

Topics merged where you were already advised of this last year.

[mail2debi]

Thanks a lot. Sorry i somehow missed them.