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Dependents Eligible for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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arajkumar82
Junior Member
Posts: 57
Joined: Fri Jun 12, 2009 12:59 pm

Dependents Eligible for ILR

Post by arajkumar82 » Tue Dec 27, 2011 11:50 am

Hi , I am on Tier 1 Visa now. I am eligilble for ILR in April 2013. I got Married in 2009 August. And my wife came to UK in October 2009 and went to india on Maternity in May 2010 and returned to UK in July 2011. My child was born in January 2011. and she (my child) is still in India. and we are palnning to bring her (my child) in May 2012.

Can any seniors please let us know whether both my dependends are eligilble for ILR in April 2013 ?

The below dates for clarification:
My Wife entered UK on Octorber 2009
My Wife was in India in between May 2010 and July 2011

My daughter will be in UK in May 2012
MY ILR is due in April 2013.

Many Thanks
Raj
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1971
Member
Posts: 222
Joined: Fri Jun 16, 2006 2:27 pm

Post by 1971 » Thu Dec 29, 2011 10:05 am

Hi Araj,

You should be fine if these rules does not change retrospectively. Only include your wife's leave of absence dates on the application forms & write a cover letter explaining why she was out of the UK to have your baby. The current requirement is that she must have lived with you for 2 years in the UK as your dependent prior to your ILR qualification.

In addition your daughter is under-age. You don't need to prove that she was born here or not. But adviseable to include her birth-certificate in all of your future applications as a proof for place of birth.But she will require an entry clearance visa into the UK. You can then include her on your ILR or other future application as a dependent provided you meet the ILR rules in place at the time of applying & can prove you have sufficient funds to support yourself & them in the UK as a self-employed, full-time employee or combination of both if the rules doesn't change by then.

I hope this helps.

All the best with your future applications.

Regards,
1971.
"Whoever has the Gold makes the rules. I wear the clothes, they don't wear me."
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arajkumar82
Junior Member
Posts: 57
Joined: Fri Jun 12, 2009 12:59 pm

Post by arajkumar82 » Tue Jul 03, 2012 12:06 am

Many Thanks 1971.

Could you please consider the current rules in place and please guide me for the below quesries.

My daughter came to UK just for a month in May 2012 and returned to India and her visa is going to expire in 2013 Jan.

My current visa also going to expire in 2013 Jan and as i am eligible for ILR in 2013 APril, I am applying for an extension in August 2012.

Is it ok if i apply for my daughter ILR from india once i got the ILR ?

Does 2 years dependent rule applicable for children also?
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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 » Wed Jul 04, 2012 4:32 pm

arajkumar82 wrote:Is it ok if i apply for my daughter ILR from india once i got the ILR ?
ILR cannot be applied for from outside the UK.
arajkumar82 wrote:Does 2 years dependent rule applicable for children also?
No.
Life isn't fair, but you can be!
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arajkumar82
Junior Member
Posts: 57
Joined: Fri Jun 12, 2009 12:59 pm

Post by arajkumar82 » Thu Jul 05, 2012 4:34 pm

Many Thanks sushdmehta.
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