ILR Issue For Tier One (G) Visa : Advice

[kumarfresh]

I have a question for this forum members:

I , along with my wife, came to UK on Tier-1 General immigrant visa about 4 weeks back. We have two kids one daughter (5 years, currently going to school in Delhi) and a son (1 year old). Both the kids stay with my parents, and both of them have been granted dependent visa last week.

The reason, we had to leave the kids behind is economic. We have to settle our self first as my wife also need to work in order to support our self fist. We plan to get the kids in the UK after I get the extension of visa for 2 more years (when I complete the first 3 years).

Now, my question is:

When I apply for ILR after completion of 5 years, will immigration office can refuse me ILR on the basis that “I did not successfully supported my family without any public funds). Is it required to have everybody in UK for 5 years before I apply for PR?

Of can we get the PR first and then, we can apply for our kids too?

If its required and I have no other option, I will bring the kids also here in UK.

You advise is highly appreciated.

Looking forward to hear from you.

[Master_Blaster]

It is strange to see most of the newbies thinking about ILR right on the first week / month. Though it is good to keep it in mind, I am afraid all answers to your question could only be given on the current rules.

No one can predict how rules will change in 5 years and your case will only be dealt with the rules that exist at the time you apply. And mind you 5 years is a long time.

Also, bear in mind there are draft proposals and a law in its final stages to replace ILR with Temporay (Earned) Citizenship etc.

Apologies if you think my answer in the negative or blunt but I have just stated the facts.

Expecting comments from seniors on this.

[ChetanOjha]

Its good to start with end in mind. If you are not bring your kids here for 2-3 years, this will not affect your ILR status. Your concerns are genuine but you will not be asked for this during ILR. You can bring your dependents in UK once you are comfortable in doing so. But check the ILR requirements as I remember dependents should be in UK for 2-3 years before they can be granted ILR along with main applicants. This is as per the current rules which may change by the time you are eligible for ILR.

[raymasa2]

Also, bear in mind there are draft proposals and a law in its final stages to replace ILR with Temporay (Earned) Citizenship etc.

This is no longer a draft proposal. The bill was passed few months ago. From July 2011, no more ILR, it will be probationary citizenship.

Ray

[ukvisaguru_co_uk]

Hi Kumarfresh,

Welcome to UK!!

I would say that right now, you should only worry about yours and your wife jobs. Schools are going on in India, so there is a valid reason why you did not bring them to UK. You both will be well settled by April, when school session ends and around that time you can start planning on what to do.

5 years, as others has said is a long time and rules never stays same.

More information on probationary citizenship is here

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

P.S. Being a parent, I know how difficult will be for both of you to leave your kids, but I am sure they will understand that you are doing it for their future.