HSMP candidate for ILR

[kck9]

Hello friends,

I am currently on HSMP visa, I got my initial HSMP on 3rd November 2006 and then I applied for renewal immediately after 1 year (November 2007). Now I got HSMP visa only (not Tier 1) till November 2011. I will be eligible for ILR 28 days before my expiry which is October 2011.

Just now i checked home office website, it says that
-----------------------------------
Find the right form

The results of this tool show the visa application you should make based on the details you have provided, and do not guarantee a successful application. We make a decision once we have received your full application and supporting evidence.

You told us that you are here as part of the Highly Skilled Migrant Programme. If you have been here for at least 5 years, or 4 years if you applied to the HSMP before 3 April 2006, then you should use form SET(O).
Form SET(O)

If you applied for the HSMP before 7 Nov 2006 there is no language & life test.
---------------------------------------------

1.Does this mean that I don't need to write life in UK test?

2. Also currently my wife is in UK with for past 2.5 years and I know that she will be eligible for ILR Dependant. When we apply for ILR, will she get seperate ILR or will she get something called ILR dependant.

3. Also we are expecting baby in March 2011. My plan is to apply for Indian passport and then apply for ILR together with us in October 2011.Is my assumption right? or will the baby be eligible for British passport directly because the baby is born in UK?

Could you please give me an outline of all these procedures.

Thank you

[Son_of_Soil]

Hi
There are so many threads open for pre nov 2006 applicant. We are all waiting for final rules to be published .
so far no one know what rules will be in place april onwards. i m also due for ILR in nove.
lets hope everything goes well.

Hello friends,

I am currently on HSMP visa, I got my initial HSMP on 3rd November 2006 and then I applied for renewal immediately after 1 year (November 2007). Now I got HSMP visa only (not Tier 1) till November 2011. I will be eligible for ILR 28 days before my expiry which is October 2011.

Just now i checked home office website, it says that
-----------------------------------
Find the right form

The results of this tool show the visa application you should make based on the details you have provided, and do not guarantee a successful application. We make a decision once we have received your full application and supporting evidence.

You told us that you are here as part of the Highly Skilled Migrant Programme. If you have been here for at least 5 years, or 4 years if you applied to the HSMP before 3 April 2006, then you should use form SET(O).
Form SET(O)

If you applied for the HSMP before 7 Nov 2006 there is no language & life test.
---------------------------------------------

1.Does this mean that I don't need to write life in UK test?

2. Also currently my wife is in UK with for past 2.5 years and I know that she will be eligible for ILR Dependant. When we apply for ILR, will she get seperate ILR or will she get something called ILR dependant.

3. Also we are expecting baby in March 2011. My plan is to apply for Indian passport and then apply for ILR together with us in October 2011.Is my assumption right? or will the baby be eligible for British passport directly because the baby is born in UK?

Could you please give me an outline of all these procedures.

Thank you

[geriatrix]

1.Does this mean that I don't need to write life in UK test?

Yes. Read HSMP Forum judicial review (settlement) policy document.

2. Also currently my wife is in UK with for past 2.5 years and I know that she will be eligible for ILR Dependant. When we apply for ILR, will she get seperate ILR or will she get something called ILR dependant.

Your wife will be eligible for settlement at the same time as you. See also ILR dependant.

3. Also we are expecting baby in March 2011. My plan is to apply for Indian passport and then apply for ILR together with us in October 2011.Is my assumption right? or will the baby be eligible for British passport directly because the baby is born in UK?

Only a British citizen can apply for a British passport. See also ILR for my Son born in UK.


regards

[kck9]

1.Does this mean that I don't need to write life in UK test?

Yes. Read HSMP Forum judicial review (settlement) policy document.

2. Also currently my wife is in UK with for past 2.5 years and I know that she will be eligible for ILR Dependant. When we apply for ILR, will she get seperate ILR or will she get something called ILR dependant.

Your wife will be eligible for settlement at the same time as you. See also ILR dependant.

3. Also we are expecting baby in March 2011. My plan is to apply for Indian passport and then apply for ILR together with us in October 2011.Is my assumption right? or will the baby be eligible for British passport directly because the baby is born in UK?

Only a British citizen can apply for a British passport. See also ILR for my Son born in UK.


regards

Dear sushdmehta,

Thank you very much for your quick reply.
1. we are expecting baby in March 2011 and I will be eligible for PR in Nov 2011. Does it still mean that I dont need to add my childs name in the depedant application.
2. The way you explained is Get our PR in Nov 2011 --> register the child as British Citizen --> apply for passport
In this cycle,
a. if the baby is born in March 2011, I have to register the baby in 6 weeks, so by the time I go for my PR it will be too late to register my child birth. Is it 2 different things like Registering birth is different from Registering child as British Citizen???
b. can I apply for Indian passport for the baby before I get my PR in Nov 2011. The reason I am asking is it will be useful for me in case of emergencies?
c. If I am applying for the baby Indian passport, can I still register the child as British Citizen after I get my PR?
3. If I am following 'Get our PR in Nov 2011 --> register the child as British Citizen --> apply for passport' route, does anyone know if it is easy to get 'Person of Indian Origin (PIO)' card. The reason is I don't want any troubles if my kid wants to come back to India.
4. When I and my wife applied for ILR, will my wife get ILR or ILR dependant visa? At the moment I am on HSMP and my wife is on HSMP dependant

Thanks for your help.

[geriatrix]

Being a non-EEA citizen, you qualify for ILR - not PR!

1. If the child is born in the UK, then you do not need to include the child as a dependant in your settlement application.
2a.Registration of a minor as a British citizen is different from registration of birth of a child.
2b. Yes.
2c. Yes.
3. Yes.
Post further queries (if any) regarding Indian passport / OCI / PIO in this forum.
4. Already answered above.


regards

[kck9]

Being a non-EEA citizen, you qualify for ILR - not PR!

1. If the child is born in the UK, then you do not need to include the child as a dependant in your settlement application.
2a.Registration of a minor as a British citizen is different from registration of birth of a child.
2b. Yes.
2c. Yes.
3. Yes.
Post further queries (if any) regarding Indian passport / OCI / PIO in this forum.
4. Already answered above.


regards

Dear sushdmehta

You are a real star. Thank you for your responses. sorry for using the PR word, yes it is ILR. The reason I asked about my wife is, presently she is on HSMP partner visa and I know she will be eligible for ILR depedant. But will the visa stamp show as ILR or ILR Dependant on the passport. Reason is my friend applied for ILR and ILR depedant for him and his wife, both of them received ILR's on their both passports. There is no word of mentioning ILR depedant on the wifes passport and she was previously on Tier1 Dependant. Now he is applying for Naturalisation and his wife is not applying and she wants to stick on to Indian passport.

1.Similarly me, if me and my wife both want to go onto ILR's and further I only want to proceed with naturalisation and British passport and my wife wants to be in Indian passport. Is that possible???
2.If I get the stamp on my passport as ILR and my wife gets stamp as ILR dependant does she need to be always linked with my status?
3.What will happen further if I move to naturalisation alone and submit my Indian passport and apply for British passport?
4.Will her ILR dependant is still valid even after my status changed?

Thank you

[geriatrix]

1. There is no "ILR dependant" immigration category. When a non-EEA citizen is granted settlement, the endorsement states "Indefinite Leave to Remain", irrespective of whether such an applicant was in UK as a "dependant".
2. When granted settlement, dependants are no longer dependants (from immigration perspective).
3. To apply for British citizenship is a choice for someone eligible for it. Anyone who doesn't wish to become British citizen may choose to not do so, irrespective of whether any family member has applied for British citizenship / has acquired British citizenship.



regards

[kck9]

1. There is no "ILR dependant" immigration category. When a non-EEA citizen is granted settlement, the endorsement states "Indefinite Leave to Remain", irrespective of whether such an applicant was in UK as a "dependant".
2. When granted settlement, dependants are no longer dependants (from immigration perspective).
3. To apply for British citizenship is a choice for someone eligible for it. Anyone who doesn't wish to become British citizen may choose to not do so, irrespective of whether any family member has applied for British citizenship / has acquired British citizenship.



regards

Dear sushdmehta

I know you must have already answered this. Just want to confirm again.

My baby born in March 2011. I will be eligible for ILR in October 2011, presently I am on HSMP and my wife is on HSMP dependant. I am just explaining the steps that I will follow and please let me know if I am doing something wrong.

1. I will apply for the Indian passport for the baby in Apr 2011. The reason I want to apply for Indian passport is it will help for us travel in case of any emergencies, also it will help the baby to get 'Person of Indian Origin' card.
2. Me and my wife apply for ILR in October 2011. (please note I am not including my baby in ILR application)
3. In October 2011 After me and my wife get ILR, I will register the child as British Citizen according to Section 1(3) using MN1 form (can I do this??? the reason I am asking is by this time my baby will be having Indian passport - without any visa and am I allowed to register my child as British Citizen???)
4. October 2011 Apply for baby British passport
5. October 2011 Apply for baby Person of Indian Origin card.

Is there anything wrong in my assumptions/plans.

Could you please explain me where I am going wrong.

Thank you

[linearkieran]

1. I don't think you do need to do this as you will get PIO Card for your baby (Parents' Indian passports should get PIO for baby, baby don't need to have Indian passport). PIO Card is valid for 15 years. Should be enough for emergency travel. (You don't want to go to High Commission of India, trust me).
2. Good
3. No problem with this...your baby if born here don't need visa in your case as you will be registering your baby for citizenship.
4. Good
5. Good

[kck9]

3. In October 2011 After me and my wife get ILR, I will register the child as British Citizen according to Section 1(3) using MN1 form (can I do this??? the reason I am asking is by this time my baby will be having Indian passport - without any visa and am I allowed to register my child as British Citizen???)
4. October 2011 Apply for baby British passport
5. October 2011 Apply for baby Person of Indian Origin card

Hi guys,

Does anyone know the timelines for the above 3 points. How long does it take to register baby as british citizen using MN1 form, to receive the british passport, to receive the PIO card.

We are planning to visit India as soon as we can. So I want to have an idea, how long it takes

[geriatrix]

kck9, browse the forums / post in the forums relevant to your query. The information may already be available in the relevant forums, should you make an effort to search for it.

In this forum, please restrict your queries to settlement (ILR).

[kck9]

Dear susdmehta,

I want to confirm if this route is possible. Please confirm

1. I will apply for the Indian passport for the baby in May 2011. The reason I want to apply for Indian passport is it will help for us travel in case of any emergencies, also it will help the baby to get 'Person of Indian Origin' card.
2. I will be eligible for ILR in Oct 2011, Me and my wife apply for ILR in October 2011. (please note I am not including my baby in ILR application)

Then we are planning to go India

Can I follow the below 3 steps from India UK embassy

3. I will register the child as British Citizen according to Section 1(3) using MN1 form (can I do this??? the reason I am asking is by this time my baby will be having Indian passport - without any visa and am I allowed to register my child as British Citizen???)
4. Apply for baby British passport
5. Apply for baby Person of Indian Origin card.

The reason is I want to fly to India as soon as possible, but at the same time I want to make sure the baby gets British Citizenship directly without going through ILR or any other visa. To apply for MN1 and British passport etc I was told it is taking 3-4 months time, but I want to fly to India as soon as possible as my baby born in UK in March and I want my parents and relatives to see the baby.

Please confirm

[geriatrix]

Can I follow the below 3 steps from India UK embassy

3. I will register the child as British Citizen according to Section 1(3) using MN1 form (can I do this??? the reason I am asking is by this time my baby will be having Indian passport - without any visa and am I allowed to register my child as British Citizen???)
4. Apply for baby British passport
5. Apply for baby Person of Indian Origin card.

3. You should be able to (see section 6.3.1.2, in particular (iv) & (v)). Check with British High Commission in India for specific details on the procedure & fees.
4. Upon being registered as a British citizen, yes.
5. PIO card is not issued by UK authorities, but Indian authorities. And it cannot be applied for in India unless the applicant is in India on a "long-term visa" (>12 months validity) issued by an Indian embassy abroad.