10 Years Long Residence (Dependants)

[mazhar-uk]

Hi All,

I have now completed my 10 years lawful residence, (visit, student, Tier 1 (Genral) and most recent one Tier 2 (General) from 14-02-2001 to 14-02-2011). My current visa for Tier 2(General) is valid upto 14-01-2014.

My wife and two sons (aged 10 and 11) who joined me as my dependants are living here for 8 years and have not qualified under this category and will have to apply as the dependants of a person present and settled in UK using FLR(M) form.

My questions are as follows:

1. My daughter was born in UK in 2005. Is she also not eligible for ILR yet?
2. Do I have to obtain my ILR first using SET(O) form and then submit FLR(M) for my dependants or to submit both the applications together?

Your help shall be highly appreciated.

Thanks and regards

Mazhar



Do I have to to submit SET(O) and FLR(M) forms together?

[joh118]

Hi All,

I have now completed my 10 years lawful residence, (visit, student, Tier 1 (Genral) and most recent one Tier 2 (General) from 14-02-2001 to 14-02-2011). My current visa for Tier 2(General) is valid upto 14-01-2014.

My wife and two sons (aged 10 and 11) who joined me as my dependants are living here for 8 years and have not qualified under this category and will have to apply as the dependants of a person present and settled in UK using FLR(M) form.

My questions are as follows:

1. My daughter was born in UK in 2005. Is she also not eligible for ILR yet?
2. Do I have to obtain my ILR first using SET(O) form and then submit FLR(M) for my dependants or to submit both the applications together?

Your help shall be highly appreciated.

Thanks and regards

Mazhar



Do I have to to submit SET(O) and FLR(M) forms together?

1. once you get your ILR you can register your UK born daughter as a British Citizen. no need for the daughter to have ILR.
2. get your ILR first and then submit FLR(M)

[Angelica]

I an NOT very sure of your time as a 'visitor'. Please read the guidance.

I think you should go ahead with applying on a 10 years and wife as a dependant of a person applying for settlement(seperate application). There was a form for something like that. While considering your application, they will do that with your wife's one.

[vinny]

Visitor possible.

[geriatrix]

2. Do I have to obtain my ILR first using SET(O) form and then submit FLR(M) for my dependants or to submit both the applications together?

When does your wife's current leave expire? In 2014, as yours? If so, then your wife may apply for extension of leave (FLR(M)) after you are granted settlement.

[mazhar-uk]

I an NOT very sure of your time as a 'visitor'. Please read the guidance.

I think you should go ahead with applying on a 10 years and wife as a dependant of a person applying for settlement(seperate application). There was a form for something like that. While considering your application, they will do that with your wife's one.

As far as I know, time as a visitor does count towards 10 years long residence.

[mazhar-uk]

2. Do I have to obtain my ILR first using SET(O) form and then submit FLR(M) for my dependants or to submit both the applications together?

When does your wife's current leave expire? In 2014, as yours? If so, then your wife may apply for extension of leave (FLR(M)) after you are granted settlement.

My wife's and my children's visa will also expire in 2014 which has recently been granted at Croydon office on 30th March, 2011 through in-person application.

thanks

[mazhar-uk]

Hi All,

I have now completed my 10 years lawful residence, (visit, student, Tier 1 (Genral) and most recent one Tier 2 (General) from 14-02-2001 to 14-02-2011). My current visa for Tier 2(General) is valid upto 14-01-2014.

My wife and two sons (aged 10 and 11) who joined me as my dependants are living here for 8 years and have not qualified under this category and will have to apply as the dependants of a person present and settled in UK using FLR(M) form.

My questions are as follows:

1. My daughter was born in UK in 2005. Is she also not eligible for ILR yet?
2. Do I have to obtain my ILR first using SET(O) form and then submit FLR(M) for my dependants or to submit both the applications together?

Your help shall be highly appreciated.

Thanks and regards

Mazhar



Do I have to to submit SET(O) and FLR(M) forms together?

1. once you get your ILR you can register your UK born daughter as a British Citizen. no need for the daughter to have ILR.
2. get your ILR first and then submit FLR(M)

Thank you very much for your reply. Could you please further advise on the process to register a UK born child as a British citizen? What documents/forms to use etc.

thanks and regards

Mazhar

[geriatrix]

How do I register a child aged under 18 as a British citizen?

[khan2015]

HI mazhar first of all i would like to tell you that your stay in this country as a visitor doesnt include in the lawful residency it only means you have access to work ,NHS and NI if you are visiting in uk you do not consider yourself as a lawful resident you are here for a short term stay.so in general your previous stay on a visit visa would nt allow you to add in lawfully long residence.
as far as your dependents are concerned they wouldnt get ILR on the basics of long residency all you can do just get your ILR(without visit visa duration) then apply as a ILR dependents they would be able to get 2 years spouse visa after that as you have mentioned they are here from 8.5 years after 1.5 years on spouse visa they could apply for 10 years long residency in future but to be very honest if this law stays till next year coz in april a consultation is going to launch on all routes to ILR so might be they will close this route in future.
once again your visit visa duration would not include in 10 year lawfully residency.
your child wouldnt be able to register as a british citizen coz yyou n your wife don't have british passports or any one of you.
thanks
any other thing dont feel any hesitation to ask me

[joh118]

HI mazhar first of all i would like to tell you that your stay in this country as a visitor doesnt include in the lawful residency it only means you have access to work ,NHS and NI if you are visiting in uk you do not consider yourself as a lawful resident you are here for a short term stay.so in general your previous stay on a visit visa would nt allow you to add in lawfully long residence.
as far as your dependents are concerned they wouldnt get ILR on the basics of long residency all you can do just get your ILR(without visit visa duration) then apply as a ILR dependents they would be able to get 2 years spouse visa after that as you have mentioned they are here from 8.5 years after 1.5 years on spouse visa they could apply for 10 years long residency in future but to be very honest if this law stays till next year coz in april a consultation is going to launch on all routes to ILR so might be they will close this route in future.
once again your visit visa duration would not include in 10 year lawfully residency.
your child wouldnt be able to register as a british citizen coz yyou n your wife don't have british passports or any one of you.
thanks
any other thing dont feel any hesitation to ask me

The bits that I have highlighted above are the parts in your comment that I think is incorrect advice.

Time spent as a visitor is allowed. It is Lawful Residence.

If either parent of a UK born child has ILR, the child is eligible to Register as a British Citizen. All that is required of the parent is to have ILR. The parent does NOT need British Citizenship.

Would you like to show me where you found the bit in bold above, to be true?

[vinny]

joh118 is correct.

[mazhar-uk]

HI mazhar first of all i would like to tell you that your stay in this country as a visitor doesnt include in the lawful residency it only means you have access to work ,NHS and NI if you are visiting in uk you do not consider yourself as a lawful resident you are here for a short term stay.so in general your previous stay on a visit visa would nt allow you to add in lawfully long residence.
as far as your dependents are concerned they wouldnt get ILR on the basics of long residency all you can do just get your ILR(without visit visa duration) then apply as a ILR dependents they would be able to get 2 years spouse visa after that as you have mentioned they are here from 8.5 years after 1.5 years on spouse visa they could apply for 10 years long residency in future but to be very honest if this law stays till next year coz in april a consultation is going to launch on all routes to ILR so might be they will close this route in future.
once again your visit visa duration would not include in 10 year lawfully residency.
your child wouldnt be able to register as a british citizen coz yyou n your wife don't have british passports or any one of you.
thanks
any other thing dont feel any hesitation to ask me

Dear Mr. Khan,

Thank you very much for your advise. But I still believe that my stay as a visitor was lawful and it will be considered by UKBA while assessing my application under 10 years long residence rule.

I have included a link for your information, which clearly state that a visitor condition is considered as a lawful status.

http://www.whatdotheyknow.com/request/1 ... ming-35828

Thanks and regards

Mazhar

[mazhar-uk]

HI mazhar first of all i would like to tell you that your stay in this country as a visitor doesnt include in the lawful residency it only means you have access to work ,NHS and NI if you are visiting in uk you do not consider yourself as a lawful resident you are here for a short term stay.so in general your previous stay on a visit visa would nt allow you to add in lawfully long residence.
as far as your dependents are concerned they wouldnt get ILR on the basics of long residency all you can do just get your ILR(without visit visa duration) then apply as a ILR dependents they would be able to get 2 years spouse visa after that as you have mentioned they are here from 8.5 years after 1.5 years on spouse visa they could apply for 10 years long residency in future but to be very honest if this law stays till next year coz in april a consultation is going to launch on all routes to ILR so might be they will close this route in future.
once again your visit visa duration would not include in 10 year lawfully residency.
your child wouldnt be able to register as a british citizen coz yyou n your wife don't have british passports or any one of you.
thanks
any other thing dont feel any hesitation to ask me

The bits that I have highlighted above are the parts in your comment that I think is incorrect advice.

Time spent as a visitor is allowed. It is Lawful Residence.

If either parent of a UK born child has ILR, the child is eligible to Register as a British Citizen. All that is required of the parent is to have ILR. The parent does NOT need British Citizenship.

Would you like to show me where you found the bit in bold above, to be true?

Thanks Joh 118. I fully agree as I have now gone through with all these rules.

regards

Mazhar