Queries about ILR dependent for husband and daughter

[viraam]

Hello friends,

I need your advice. I am in UK since July 2006 and currently have ILR from July 2011. I got married in 2010 so my husband came to UK in July 2010. He is on Tier2 visa. He has completed now about two and half years . His current visa will expire in July 2013. We want to apply ILR dependent for him but I had following doubts :

1) Can he directly apply for ILR dependent visa using application form FLR (M) or does he need to first get spouse or marriage visa? (Actually I am not clear about what is spouse visa)?

2) We also have a daughter which was born in India in April 2012. At present, she is also on my husband's dependent visa (which is going to expire in July 2013). Can we apply ILR dependent for her as well in the same application or do we need to go back to India for her visa renewal?

3)My citizenship was due in July 2012 but since I went to India on Maternity, I was away from UK for about 6 months continously from March 2012 to Aug 2012. Now, if I complete my one more year in UK (from Sep 2012 to Aug 2013) will I be eligible for UK citizenship or I can never apply for citizenship now due to that long break of 2012?

Many thanks for your replies.

[Lucapooka]

1) Apply using FLR(M)

2) Include her on the same form

3)You can't be outside the UK for more than 450 days during the five years, and in addition, no more than 90 days during the final year of your qualifying period.
http://www.ukba.homeoffice.gov.uk/briti ... uirements/

[viraam]

My husband's Tier 2 visa is going to expire in July 2013. Can he apply for PR dependent any time or should it not be before 28 days of expiry of current visa?

At present,I am not working as I am taking care of my 7 months daughter. For applying, PR dependent for my husband is it necessary for me to be working? (My husband is working and can show his earnings which is needed for PR).

For English language requirement, my husband did his graduation from a college where degree was taught in English but is there any thing we should show to prove it other than degree certificate (I mean any letter from college etc)?

[viraam]

any suggestions please???

[Spidery_thread]

My husband's Tier 2 visa is going to expire in July 2013. Can he apply for PR dependent any time or should it not be before 28 days of expiry of current visa?

At present,I am not working as I am taking care of my 7 months daughter. For applying, PR dependent for my husband is it necessary for me to be working? (My husband is working and can show his earnings which is needed for PR).

For English language requirement, my husband did his graduation from a college where degree was taught in English but is there any thing we should show to prove it other than degree certificate (I mean any letter from college etc)?

@Virram,

KOL is required.

http://www.ukba.homeoffice.gov.uk/visas ... uage-life/

[viraam]

Thanks Spidery_thread. But can my husband apply for PR dependent now itself or 28 days before his visa expires (which is in July 2013)?

[Spidery_thread]

If your husband came to the UK on his own Tier 2 visa then he has to complete 5 years of continuous residence from the date he entered the UK.

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

245AAA. General requirements for indefinite leave to remain
245AAA(a)&(b)
245HF. Requirements for indefinite leave to remain(Tier 2).


1) He can not apply for ILR yet, as he has not completed 5 years on Tier 2.
(if he had been your dependant then he could have applied as spouse(means husband or wife) on application form FLR(M) in July 2012(pre 9 July). Then straight SET(M) for ILR.
If he applies FLR(M) before expiry of his current Tier 2, then he will need to complete further 5 years from the date of issue of spouse visa.
If he can extend his Tier 2 and complete 5 years on that will be sooner.

2) As she is born out side the UK, she has to complete the current residency period of 5 years(or when your husband gets ILR, which ever comes first) as dependant on your husbands visa before she can be registered as BC.

3) You can apply for naturalization once you complete another full year (minus max of 90 days absence from the UK).

[viraam]

Hello Spidery_thread,

I was not talking about my husband's ILR application on his own. I was discussing about to change his Tier 2 visa to the "dependent on my ILR" ie he will be my PR dependent. IS that possible? or for this as well he needs to complete his 5 years in UK.

[wpilr_nov12]

Hello Spidery_thread,

I was not talking about my husband's ILR application on his own. I was discussing about to change his Tier 2 visa to the "dependent on my ILR" ie he will be my PR dependent. IS that possible? or for this as well he needs to complete his 5 years in UK.

If you change to his own ILR dependent visa, then the new rule kicks in, and his 5 year residency requirement starts fresh.

[Spidery_thread]

@ Viraam,

From my previous post:

If he applies FLR(M) before expiry of his current Tier 2, then he will need to complete further 5 years from the date of issue of spouse visa.

Correct term to use here is: Spouse of a person settled in the UK.
i.e: Dependant of ILR holder which is spouse(who apply on FLR(M).

He can switch to your dependant if he wants, he doesn't has to complete 5 years, but will have to complete 5 years after that, that What I was trying to explain.

Its better he stays on Tier 2 and apply ILR once he completes 5 years on Tier 2, you'll save 2.5 years.