ILR Application - what about my wife and baby?

hsmporwp · Post by **hsmporwp** » Fri Jan 22, 2010 12:19 pm

here is a friend's query; I appreciate if you can help:

I will apply to ILR in Mar 2010 after having spent 5 yrs on work permit. I was married to my wife Sept 2006 and she joined me as a dependant in Sept 2007 with a visa valid until the expiry date of my work permit visa (May 2010).

In Dec 2008 we had a baby in the UK and currently he holds the same dependant visa on his russian passport. My nationality is Turkish...

So my questions are:
1. When can my wife apply for ILR?
2. If she can not apply to ILR now; do we need to apply for a new dependant visa for her and our baby? If yes how?
3. Will anything change in my baby's status when I am granted ILR?

I'd appreciate your answers and thanks in advance...

nksg · Post by **nksg** » Fri Jan 22, 2010 2:50 pm

To what i know you can file in your depends application along with yours as your wife is in UK on a valid visa for more than 2 years. Please refer to SET o guidelines for more detail.

Its 5 years for the main applicants.

hsmporwp wrote:here is a friend's query; I appreciate if you can help:

I will apply to ILR in Mar 2010 after having spent 5 yrs on work permit. I was married to my wife Sept 2006 and she joined me as a dependant in Sept 2007 with a visa valid until the expiry date of my work permit visa (May 2010).

In Dec 2008 we had a baby in the UK and currently he holds the same dependant visa on his russian passport. My nationality is Turkish...

So my questions are:
1. When can my wife apply for ILR?
2. If she can not apply to ILR now; do we need to apply for a new dependant visa for her and our baby? If yes how?
3. Will anything change in my baby's status when I am granted ILR?

I'd appreciate your answers and thanks in advance...

hsmporwp · Post by **hsmporwp** » Tue Jan 26, 2010 1:03 pm

Thanks for your reply.

So what kind of visa my baby woud get? ILR as well?

Post by **geriatrix** » Tue Jan 26, 2010 2:54 pm

The child is also eligible for ILR at the same time as the main applicant (197 & 198).

Just a clarification - unlike dependent partners of HSMP (approved after Apr06) / Tier 1 / Tier 2, dependent partners of WP holders are not required to fulfil the "living together for 2 years as dependent" requirement to be eligible for ILR ... as there is no such condition for WP dependents (196D).

regards

gd_chandrasekar · Post by **gd_chandrasekar** » Tue Jan 26, 2010 3:27 pm

Hi

I could not find any details pertaining to HSMP / Tier 1 dependent for ILR.

I am currently an Tier 1 General holder. I entered UK thru Work Permit and later converted to HSMP and then my recent extension is Tier 1 General.

I got recently married, I am eligable for ILR during July, by the time my wife would have lived in UK for 7 months. Is she eligible for ILR as well?

Thanks in advance

Post by **geriatrix** » Tue Jan 26, 2010 3:32 pm

gd_chandrasekar wrote:I could not find any details pertaining to HSMP / Tier 1 dependent for ILR.

Family members of relevant points-based system migrants (319A-319K).

gd_chandrasekar wrote:I am eligable for ILR during July, by the time my wife would have lived in UK for 7 months. Is she eligible for ILR as well?

No if your HSMP was approved after Apr 06.

regards

gd_chandrasekar · Post by **gd_chandrasekar** » Tue Jan 26, 2010 4:20 pm

thanks mate for you reply..

I am bit disappointed that I cant apply ILR for her at the same time. Which means additional 1000Â£ for visa..

gd_chandrasekar · Post by **gd_chandrasekar** » Tue Jan 26, 2010 5:21 pm

Hi

Wat will happen to my wife visa in the above case? currently we both have Tier 1 General valid till Jan 2013, and my wife has dependent visa for the same. Since she is not eligible for ILR, i will be applying for ILR in July this year, what will be her visa status after I get ILR.

Thanks in advance.

Chandra

Post by **geriatrix** » Tue Jan 26, 2010 6:23 pm

gd_chandrasekar wrote:Hi

Wat will happen to my wife visa in the above case? currently we both have Tier 1 General valid till Jan 2013, and my wife has dependent visa for the same. Since she is not eligible for ILR, i will be applying for ILR in July this year, what will be her visa status after I get ILR.

Thanks in advance.

Chandra

Not sure. Best to check with UKBA if they need to change their visa status or can continue on the present leave as dependent(s) of Tier 1 (general).

regards

ElenaW · Post by **ElenaW** » Tue Jan 26, 2010 7:18 pm

gd_chandrasekar wrote:Hi

Wat will happen to my wife visa in the above case? currently we both have Tier 1 General valid till Jan 2013, and my wife has dependent visa for the same. Since she is not eligible for ILR, i will be applying for ILR in July this year, what will be her visa status after I get ILR.

Thanks in advance.

Chandra

As far as I'm aware, your wife would need to switch to flr(m) as she will no longer be a dependent of a tier 1 general holder.

Post by **geriatrix** » Tue Jan 26, 2010 8:27 pm

gd_chandrasekar wrote:I am currently an Tier 1 General holder. I entered UK thru Work Permit and later converted to HSMP and then my recent extension is Tier 1 General.

If your HSMP was approved before Apr 06, then your dependent(s) may be eligible for ILR at the same time as you.

regards

gd_chandrasekar · Post by **gd_chandrasekar** » Tue Jan 26, 2010 9:53 pm

Thanks a lot guys

I did my HSMP in 2007, so I guess my wife cant get ILR at the same time as mine.

So do i need to pay additional fees for FLR(m) application for my wife or it will be done for free of cost (i dont think so); since i am switching it to ILR.

Can both ILR and FLR(m) can be done at the same time thru PEO office with singe appointment, or do i need to get two oppointments?

Thanks

ElenaW · Post by **ElenaW** » Tue Jan 26, 2010 9:58 pm

gd_chandrasekar wrote:Thanks a lot guys

I did my HSMP in 2007, so I guess my wife cant get ILR at the same time as mine.

So do i need to pay additional fees for FLR(m) application for my wife or it will be done for free of cost (i dont think so); since i am switching it to ILR.

Can both ILR and FLR(m) can be done at the same time thru PEO office with singe appointment, or do i need to get two oppointments?

Thanks

Unfortunatly you'll have to pay twice and I'm pretty certain that you'll have to make seperate appointments

gd_chandrasekar · Post by **gd_chandrasekar** » Tue Jan 26, 2010 10:53 pm

even i thought so..

thanks mate

gd_chandrasekar · Post by **gd_chandrasekar** » Wed Jan 27, 2010 8:39 am

Hi

I just checked the FLR(m) page (find the link below), it says that i need to apply for FLR(m) for my wife "before the end of your current permission to stay in the UK" .

Since the current Tier 1 General dependent visa is valid till Jan 2013, I dont need to apply her FLM(m). She will be completing 2 yrs in UK end of next year (Dec 2011), so i can straight apply for ILR dependent for her?

Pls any advice on the above?

http://www.ukba.homeoffice.gov.uk/ukres ... pe/flr(m)/

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ILR Application - what about my wife and baby?

ILR Application - what about my wife and baby?

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