ILR dependant Visa requirements

[raheelf]

I have been here since Apr 06 on HSMP. My wife got her dependant visa in Apr 2008. Now, I am due for ILR in April 2010 and my case will be processed as per HSMP judicial review.

1. I want to know whether my wife is eligible for ILR with me? and how long do dependant have to be in UK to get British citizenship?

2. My son was born in Canada this October and now he is here on a visit Visa. Is he eligible for ILR with me or do I have to apply for a dependant visa?

3. Do children get their british citizenship once one of the parents get ILR?

I'd appreciate any replies!

[raj_bond]

Hello Raheelf,

I will try to answer some of your questions.

I believe your wife should be in UK for 2 years under your dependent, then she will qualify for ILR.

Once you get ILR at the same time if you include him as an dependent then he will be qualified for ILR visa. (suppose if he is not having a dependent visa currently then that will be a different process)

IF you have ILR before your children are born then then will be eligile for British passort.

Hope this helps.

[vinny]

1.

Dependants
29. The immigration status of dependants of migrants in the categories covered by this policy will follow that of the principal applicant.

Can I be naturalised as a British citizen?

2. Probably.

3. No, unless child is born in the UK after a parent has at least ILR.

[raheelf]

Thanks Vinny, but I have found some useful information which contradicts your third point, please have a look at the following point which is relevant to me

A. Dependant Children of a person present and settled in the UK

on http://www.lawfirmuk.net/children_e.html

[dgat]

Under HSMP-JR, dependants don't need to spend 2 years in the country.

HSMP-JR clearly states that the status of dependant will be the same as that of the main applicant. I cross checked this with Immigration Inquiry team.

[f2k]

Thanks Vinny, but I have found some useful information which contradicts your third point, please have a look at the following point which is relevant to me

A. Dependant Children of a person present and settled in the UK

on http://www.lawfirmuk.net/children_e.html

having a quick read of the link you posted i cannot not see where it talks about child acquiring British citizenship so dont see where it contradicts Vinny.

[raheelf]

Actually my original question was about my three months old son, who was born in Canada and travelled to London on his Canadian passport in Dec 2009 and got his visit visa after landing on Heathrow. Offcourse, my wife was travelling with him and also is a Canadian citizen.

My wife moved to UK in Jan 2008 after we got married. She went back to her parents (in Canada) close to her delivery in Sept 2009.

Right now she is on HSMP dependant Visa and as my ILR is due in 3 months time so she will get hers with me as well.

Comming back to the point, initially I asked about my son's dependant application process whether I can add him in my ILR application or apply separately as a HSMP dependant before sending my ILR application. But the page I have mentioned earlier, clarifies that issue and I can mention him as my dependant in my ILR application and don't need to make a separate HSMP dependant application.

I wasn't talking about the citizenship as I still have to apply for my indefinite visa.

[geriatrix]

Can a Canadian child in UK on a visit visa be included in one of the parent's (HSMP) ILR application without having a valid leave to enter / remain as a child (dependent) of the main HSMP applicant?

198. A person seeking leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) may be given leave to enter or remain in the United Kingdom for a period of leave not in excess of that granted to the person with limited leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K) provided that, in relation to an application for leave to enter, he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity or, in the case of an application for limited leave to remain, he was admitted with a valid United Kingdom entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the requirements of paragraph 197 (i)-(vi) is met. An application for indefinite leave to remain in this category may be granted provided the applicant was admitted with a valid United Kingdom entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the requirements of paragraph 197 (i)-(vi) is met and provided indefinite leave to remain is, at the same time, being granted to the person with limited leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K) .

regards

[raheelf]

^ Thank you! now I know exactly what to do. I'll be applying for my son as an ILR dependant with my application.