ILR eligibility for me & wife

[waqar21]

Hi I have few questions related to my ILR, my wife visa and my newly born child. Here are the questions. I need advice because so many people confused me.

Condition:

a. I am due ILR on 11 Oct 2012 as I got my work permit on 6th Nov 2007 and then switched to Tier 1 general in March 2010 which is going to expire on 23rd March 2013 so it means that I can apply for ILR from 11th Oct 2012.

b. My wife got visa on 3rd March 2011 and she came to UK on 25th March 2011 and her visa is valid till 23rd March 2013.

c. My baby born on 25th Aug 2012.

My Question:

1. If I am applying ILR in OCT 2012 can I apply for my wife and child as well?

2. If I apply for ILR and my wife is not eligible to apply for ILR as she has not completed 2 years then do I need to apply for her visa with me or let her finish visa in march 2013 and then she will apply for ILR?

3. If I apply and she will not apply then what will be her status? Can she travel with her old visa.

4. If I apply and my child with me then what visa will child have got as I need to travel in Oct 2012.

5. Do I need to apply for my wife visa with me in Oct 2012 instead of her valid status till March 2013?

Please help me out so I will fill the right forms.

Thanks and regards

[wpilr_nov12]

Answers
1. Wife no. child yes.
4. If your ILR is approved, your child will also have the same.
2,3 &5 Quite complex to respond to here with few words. Maybe experts can add.

[ekta]

Thanks wpilr_nov12 for your reply to this one.

I am also in same situation so can you please advise as well?

My husband is elligible for ILR in Mid Dec 2012. We have been living togethor for the last more than 4 years and I am currently on Tier 1 Dependent. We had a child in July and now I am planning to go india for 8-10 weeks.

a) As the rule says you need to live togethor for 2 years so going to india for 2 months will break this?
b) Will I be elligible for ILR if we apply togethor after my india visit? We have got bills, nhs docs etc for the last 2 years which is a proof for living togethor for 2 years but going to india for 2 months, not sure if it has any impact on ILR?

Please advise.

Many Thanks
Ekta

[wpilr_nov12]

Thanks wpilr_nov12 for your reply to this one.

I am also in same situation so can you please advise as well?

My husband is elligible for ILR in Mid Dec 2012. We have been living togethor for the last more than 4 years and I am currently on Tier 1 Dependent. We had a child in July and now I am planning to go india for 8-10 weeks.

a) As the rule says you need to live togethor for 2 years so going to india for 2 months will break this?
b) Will I be elligible for ILR if we apply togethor after my india visit? We have got bills, nhs docs etc for the last 2 years which is a proof for living togethor for 2 years but going to india for 2 months, not sure if it has any impact on ILR?

Please advise.

Many Thanks
Ekta

Please start your own thread for your question.

[waqar21]

Thanks for your response.

Could anyone please give expert advice on unanswered question?

Thanks

[mk357]

Thanks for your response.

Could anyone please give expert advice on unanswered question?

Thanks

Yes your wife needs to change her visa with you, when you get your ILR. As at present she is a dependent of Tier (1) applicant but when you get ILR your Tier (1) status would change therefore her status should also be changed to ILR dependent. I am not sure which is the relevant form in her case but check FLR(O).

[sojan]

Hi I have few questions related to my ILR, my wife visa and my newly born child. Here are the questions. I need advice because so many people confused me.

Condition:

a. I am due ILR on 11 Oct 2012 as I got my work permit on 6th Nov 2007 and then switched to Tier 1 general in March 2010 which is going to expire on 23rd March 2013 so it means that I can apply for ILR from 11th Oct 2012.

b. My wife got visa on 3rd March 2011 and she came to UK on 25th March 2011 and her visa is valid till 23rd March 2013.

c. My baby born on 25th Aug 2012.

My Question:

1. If I am applying ILR in OCT 2012 can I apply for my wife and child as well?

2. If I apply for ILR and my wife is not eligible to apply for ILR as she has not completed 2 years then do I need to apply for her visa with me or let her finish visa in march 2013 and then she will apply for ILR?

3. If I apply and she will not apply then what will be her status? Can she travel with her old visa.

4. If I apply and my child with me then what visa will child have got as I need to travel in Oct 2012.

5. Do I need to apply for my wife visa with me in Oct 2012 instead of her valid status till March 2013?

Please help me out so I will fill the right forms.

Thanks and regards

Was similar to my case
1. Wife Cannot. Child Yes. Please read the sticky Thread.
2. Your wife should apply extension to stay FLR using FLR(M) along with ur ILR application. Please book your Wife's FLR application atleast 2 hours after your ILR application. So that once your ILR is success you can go to the counter again for your wife's FLR.
3. She cannot travel outside the UK with her previous dependent Visa. There are few similar threads in this forum.
4. Child should be part of ur ILR application. So child could travel with you (if child applies with you)
5. As mentioned in Pt.3, she may not be able to travel outside UK.
What Visa she is in now? if she is a PBS dependent, she cannot switch to ILR from a PBS depedent category. So anyway you need to apply FLR sometime. So better to do it early.

So the possibilities are
1. Either you delay your ILR application till your wife completes 2 years.
OR
2. You apply ILR along with your child. Apply FLR for your wife till March2013 and again ILR for her in March2013. Also please be aware FLR requires your Wife to show English Language requirement. (not Life in UK, but something like she studied english in university etc..)