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ILR application for ILR dependants

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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Master999
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Posts: 59
Joined: Sat Dec 29, 2018 11:19 pm
India

ILR application for ILR dependants

Post by Master999 » Mon Dec 18, 2023 2:29 pm

Hi,

I came to the UK in May 2011 under ICT Tier 2 category and got my ILR in Aug 2021 (Long residence route which took me 10 years)

My wife came into the UK in Apr 2012. However she went to India twice when my 2 kids were born and have exceeded the stay for more than 6 months on both the occassions. So, I have to take ILR Dependant visas for my wife and kids in Sep 2021. As the clock starts again for them I thought I should wait for 5 years to apply for thier ILRs.

My wife and kids came to the UK after our second kid was born (both kids were born in India) in May 2017.

I was told that I can apply for my kids ILR if they are here for 7 years. In our case they will complete 7 years in May 2024. However we have to renew their ILR dependant visas in March 2024.

Question:
1. Is it true that if I renew my kids visa in March and can apply for ILR in May 2024 as they complete 7 years stay in the UK?

2. Also when my wife gets her ILR after completing her 5 years in ILR dependant category, should we apply for Naturalisation straight after she gets ILR? Or does she need to wait for 1 more year to get her British passport?

3. There is a lot going on the immigration in the news. Should I be worried that I am still holding ILR and have not applied for my Naturalisation? I mean does that effect the Naturalisation rules?

Please let me know in case there is a better way which I am not aware of , thanks a lot in advacne.

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
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South Africa

Re: ILR application for ILR dependants

Post by CR001 » Mon Dec 18, 2023 2:49 pm

1. No, it applies to children who hold a private life visa. Your children dont hold rhe relevant category visa. They will follow the same path as your wife.

2. She has to wait 12 months if you are not british. It is only a spouse of british citizens that doesn't have to wait 12 months.

3. It is still only news, no rules have changed. Naturalisarion is not an immigration application. The government statement and media reports have been clear on what visa routes could be affected.
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.

Master999
Junior Member
Posts: 59
Joined: Sat Dec 29, 2018 11:19 pm
India

Re: ILR application for ILR dependants

Post by Master999 » Mon Dec 18, 2023 3:00 pm

Thanks a lot for the prompt reply.
One more clarification please on your response.

2. She has to wait 12 months if you are not british. It is only a spouse of british citizens that doesn't have to wait 12 months.

In case I apply for my British Passport now and get it, and by the time my wife gets her ILR...can she get her Naturalisation process straight away?

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CR001
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Joined: Thu Mar 08, 2012 10:55 pm
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Re: ILR application for ILR dependants

Post by CR001 » Mon Dec 18, 2023 3:59 pm

Yes if she meets the requirements
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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