ILR and a dependent child

jraj · Post by **jraj** » Sun Mar 20, 2011 9:12 pm

Hi,

I am a Tier 1 holder and will be applying for ILR soon. My child was born in India and is my dependent. Although he holds a valid visa he has never been to the UK (he is still in India).

I plan to apply for ILR as an individual since the form mentions that the child has to be physically present in the UK which does not hold true in my case.

Assuming my ILR will be successful, can i apply for ILR for the child in India as soon as mine is successful.

Thanks

PS:Thanks to mods for sharing such a wealth of information on this forum.

Post by **geriatrix** » Sun Mar 20, 2011 9:57 pm

ILR or any form of "leave to remain" can only be applied for from within the UK.

The child will need to apply for settlement visa.

jraj · Post by **jraj** » Thu Apr 07, 2011 10:17 pm

My ILR was successful today thanks to this forum.

Sushdmehta, thanks for pointing me to the settlement visa details. I need some advise on what form/visa to use for my wife too.

My wife is presently studying in the UK under a student visa. Prior to that she had a Tier 1 (General) visa which she gave up when she became a student. She finishes her studies in September.

Is it possible for my wife and son to apply together on the same settlement form, from India ? It would save me some money. Or is it safer for to apply using FLR (M) in UK itself.

Thanks

Post by **geriatrix** » Thu Apr 07, 2011 10:22 pm

Whether your wife wishes to switch using FLR(M) or apply for settlement visa from home country is entirely her choice.

If she wishes that the ILR count starts ASAP, then switch without delay. If she wishes that ILR counts starts from when she enters UK on settlement visa, then apply for entry clearance from home country. Up to her!

jraj · Post by **jraj** » Fri Apr 08, 2011 10:35 pm

It would be nice if her ILR count can start soon, but

1. Can she change directly from a Student visa to FLR(M)? I presume this means that she doesnt need to go back to India for this.

2. She is presently not living with me as she is studying in a different city. Her course finishes in Sept this year and realistically she may join me in Nov-Dec. If she gets an FLR(M) now then her two year count will start. As she will not be living with me for the next few months would that hamper her application two years down the line when applying for ILR.

Also for the benefit of others i had a chat with VFS India regarding settlement visa. It seems that my child and wife will need to apply on separate forms and thus will have to pay the fees twice. bummer!

Thanks

Post by **geriatrix** » Fri Apr 08, 2011 10:57 pm

Yes, if she was granted a student visa with validity of more than 6 months (284).
2. Yes, this may be a problem because at the time of settlement application your will have to provide evidence(s) of cohabitation for at least 2 years preceding the application.
3. Full fees from each applicant .... for entry clearance applications.

jraj · Post by **jraj** » Sat Apr 09, 2011 5:25 pm

sushdmehta wrote:ILR or any form of "leave to remain" can only be applied for from within the UK.

The child will need to apply for settlement visa.

http://www.ukba.homeoffice.gov.uk/partn ... tresident/

"Children cannot normally come to settle in the UK unless both parents are settled here or have been given permission to come and settle here."

1. My wife is on student visa (not on ILR), does that mean i cannot apply for settlement visa for my child?

2. Also, the child is presently my dependent and his Tier 1 General visa runs out in Dec'11. Since now i have switched from Tier-1 to ILR, can i apply for Tier-1 extension for him?

Post by **geriatrix** » Sat Apr 09, 2011 5:56 pm

Settlement visa doesn't necessarily mean "settled status" visa (Indefinite leave to enter or ILE). ILE is granted only if the applicant is eligible for it. In your child's case, 301(i)(a) applies therefore the child will only be granted limited leave to enter (with a view to settlement).

If your child tries to enter UK on the current Tier 1 (General) dependant visa, he/she may be denied entry because of change of circumstances (321A).

jraj · Post by **jraj** » Sat Apr 09, 2011 10:09 pm

Thanks sushdmehta for clarifying this. I guess that the only way forward then is to apply for "settlement visa" for him in India.

Is the "limited leave to enter" similar to the spouse visa i.e. will need to prove co-habitation at the end of two years?

Post by **geriatrix** » Sat Apr 09, 2011 10:28 pm

When one applies for a "visa" from outside the UK, he /she applies for "leave to enter". When one applies for a "visa" from within the UK, he / she is applies for "leave to remain".

Post by **vinny** » Sat Apr 09, 2011 11:21 pm

Technically, a "visa" is a type of entry clearance and may only be applied for from outside the UK.

jraj · Post by **jraj** » Mon Apr 11, 2011 7:39 pm

jraj wrote: Is the "limited leave to enter" similar to the spouse visa i.e. will need to prove co-habitation at the end of two years?

Thanks sushdmehta/vinny for your response. Please could you shed some light on my question above.

Post by **geriatrix** » Mon Apr 11, 2011 8:06 pm

"Limited leave to enter" granted on approval of settlement entry clearance / visa application as a spouse of settled person / British citizen is, what is generally referred to as, the spouse visa.

"At the end of 2 years"? Do you mean at the time of settlement? If so then, yes, your wife will need to provide evidence of cohabitation during the qualifying residential period as and when she becomes eligible and applies for settlement.

jraj · Post by **jraj** » Tue Apr 12, 2011 6:12 am

sushdmehta wrote:"Limited leave to enter" granted on approval of settlement entry clearance / visa application as a spouse of settled person / British citizen is, what is generally referred to as, the spouse visa.

"At the end of 2 years"? Do you mean at the time of settlement? If so then, yes, your wife will need to provide evidence of cohabitation during the qualifying residential period as and when she becomes eligible and applies for settlement.

I am sorry i was asking in context of the child. You wrote in a previous post,

"Settlement visa doesn't necessarily mean "settled status" visa (Indefinite leave to enter or ILE). ILE is granted only if the applicant is eligible for it. In your child's case, 301(i)(a) applies therefore the child will only be granted limited leave to enter (with a view to settlement)."

So will i need to prove cohabitation with the child at the end of two years?

Post by **geriatrix** » Tue Apr 12, 2011 6:20 am

jraj wrote:I am sorry i was asking in context of the child. So will i need to prove cohabitation with the child at the end of two years?

No, under current rules evidence of cohabitation is required for spouse / partner only, not for child(ren).

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ILR and a dependent child

ILR and a dependent child