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ILR dependent and Travel

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, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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helpneeded2011
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Posts: 22
Joined: Tue Jul 13, 2010 2:12 pm

ILR dependent and Travel

Post by helpneeded2011 » Mon Feb 14, 2011 1:10 pm

I am on Tier 1 visa valid until Oct, 2012 and my wife and son are on Tier 1 dependent also valid until Oct, 2012l. I will be eligible to apply for my ILR next month (Mar, 2011). I am planinig to apply for my ILR alone since my wife and kid are not eligible for ILR (since they they been here in UK for less than 2 years and kid was born in India). Once I get my ILR stamped, I am planning to send my wife and kid to India for a urgent family trip (without applying them a ILR dependednt visa). Would this be a problem for travel when they enter UK? I am not planning to apply any ILR dependent visa since they have a Tier 1 visa until Oct, 2012, and apply for their ILR directly when they become eligible next year? Basically I am worried if they can continue with their current tier 1 visa dependent visa until Oct 2012? Is this possible? If not, how soon do I have to apply for their ILR dependent visa after I get my ILR and whether if they can travel on the old visa until its validity (Oct, 2012)?
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geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Mon Feb 14, 2011 2:54 pm

Exiting UK on a Tier 1 (dependant) visa after you have been granted settlement may not be a problem, but they may be refused entry on return to UK (321A(1)).

Apply for leave to remain as spouse (and child) of settled person before travelling, or apply for entry clearance as spouse (and child) of settled person from home country before travelling back to UK.


regards
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helpneeded2011
Newly Registered
Posts: 22
Joined: Tue Jul 13, 2010 2:12 pm

Post by helpneeded2011 » Mon Feb 14, 2011 3:50 pm

Thanks a lot Sush for your reply. Another question: Assuming they do not travel outside the UK, can they stay in the UK with the old visa (Tier 1 dependent) which is valid until Oct 2012, until they qualify for ILR next year. My question is, Can they jump directly from Tier 1 dependent to ILR (without going thru ILR dependent visa) ? Just seeing if I can save some money here.
Also, if I apply a ILR dependent visa for them after I get my ILR, what are their next steps ? After ILR dependent (how long will this be valid for?) , do they have to apply ILR and then citizenship OR directly to citizenship ?
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geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Mon Feb 14, 2011 4:27 pm

helpneeded2011 wrote:Assuming they do not travel outside the UK, can they stay in the UK with the old visa (Tier 1 dependent) which is valid until Oct 2012, until they qualify for ILR next year.
Perhaps, but best to check with UKBA.
helpneeded2011 wrote:Also, if I apply a ILR dependent visa for them after I get my ILR, what are their next steps ?
FLR(M).
helpneeded2011 wrote:do they have to apply ILR and then citizenship OR directly to citizenship ?
No naturalisation without ILR.


regards
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