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ILR recieved but wife and kid outside UK

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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mbkwillbe
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ILR recieved but wife and kid outside UK

Post by mbkwillbe » Tue Jan 12, 2010 1:24 pm

Hi Guys,

I am in a scenario where I got my ILR on 08 JAN. At present my wife is in india with a new born baby. My wife have a resident permit (dependant) valid until JUN 2011. We have applied for a new passport for my kid. I am not sure on what visa, should i bring my wife and kid? Any ideas please?
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geriatrix
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Post by geriatrix » Tue Jan 12, 2010 3:58 pm

How long has you wife stayed in UK with you as a dependent? (Assuming you were on Tier 1 / HSMP before ILR) If she has spent 2 years as your dependent then she would be eligible to apply for ILR. In that case she could return to UK on her current dependent visa and then apply for ILR from within UK.

If it's not been three years yet, she can return to UK on her current dependent visa. This said, I am not sure if there is a legal requirement for your wife to change / switch her status from dependent of HSMP/Tier 1 to that of spouse of a permanent resident or if she can continue to stay in UK as a dependent of Tier 1/HSMP until the time she becomes eligible to apply for ILR.

With regards to your child, he/she will need entry clearance to enter UK as a child of permanent resident. One your wife gets her ILR, I believe your child will then immediately become eligible for permanent residency.

regards
Last edited by geriatrix on Wed Sep 26, 2012 7:18 pm, edited 1 time in total.
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immigrationuk2009
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Post by immigrationuk2009 » Tue Jan 12, 2010 9:31 pm

Hi

Good option for your wife would be to switch to spouse visa for 2 years with your child and at the end of two years she can apply for ILR(But rules have changed at that time...so whole process would be changed..

Other option is remain on work permit as dependent and at the end of her visa she has to apply for spouse visa..

UK_Banned_Member
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mbkwillbe
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Joined: Tue Jan 12, 2010 11:37 am

Post by mbkwillbe » Wed Jan 13, 2010 2:28 pm

Hi,

Is her visa still valid as her visa was stamped as a dependant to my tier 1 visa? Now i have my ILR. If her current dependant visa is valid, how would i go ahead and get an entry clearance stamped for my child only?
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geriatrix
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Post by geriatrix » Wed Jan 13, 2010 4:40 pm

mbkwillbe wrote:Is her visa still valid as her visa was stamped as a dependant to my tier 1 visa? Now i have my ILR.
I believe it is. Best to check with UKBA here in UK.
mbkwillbe wrote:how would i go ahead and get an entry clearance stamped for my child only?
How can I qualify to join my parents in the UK?
What will I need to make my application?
Double check with the nearest Visa Application Centre (VFS India).

regards
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