Can we apply for ILR at Family Visa

NikitaM · Post by **NikitaM** » Fri Feb 08, 2013 6:33 pm

Hi Everyone,
We came to UK in August 2007, I applied for my ILR in October 2012, But unfortunately my husband had some urgent work so he went back to India in November 2012.

Please note that he also stayed in UK from August 2007 to November 2012.

Now, Yesterday only I have got news that my ILR has been successful.
I know he can come and join me in UK at family visa, However I just wanted to know if he comes on Family Visa, Can he apply for ILR from here ?

Thanks

Post by **Greenie** » Fri Feb 08, 2013 9:01 pm

Does your husband have a current UK visa?

NikitaM · Post by **NikitaM** » Fri Feb 08, 2013 11:09 pm

Greenie,
NO, he doesn't have current UK Visa, He needs to apply for a family visa as well over there.

I understand he can apply for settlement from India as well but that will take more time and I was looking for the option by which he can join me ASAP here in UK .

Post by **vinny** » Fri Feb 08, 2013 11:58 pm

What do you mean by a "Family visa"?

Post by **Greenie** » Sat Feb 09, 2013 12:00 am

If he wants to join you here to live he needs to apply for the settlement visa. I am not sure what 'family visa' you are referring to. If you mean 'family visit visa', then no he cannot use this to come to the UK and apply for ilr.

NikitaM · Post by **NikitaM** » Sat Feb 09, 2013 12:04 pm

Thanks Greenie for your prompt response,
Yes, I meant family visit visa only..
Ok I will advice him to apply for a settlement visa in India.

One more thing, I have a son who was born here in UK in 2011, I earlier thought when I will get ILR, we can apply for his (Son) Citizenship,
but he also had to go to India with my husband, How can he come back ?
I mean on which visa can he come back, I think he cant apply for citizenship from outside UK.

Thanks in advance.

Post by **vinny** » Sat Feb 09, 2013 12:33 pm

NikitaM wrote:I think he cant apply for citizenship from outside UK.

I think that he can.

NikitaM · Post by **NikitaM** » Mon Feb 11, 2013 7:53 am

Thanks Vinny and Greenie for your replies.

So I need the Visa form SET(M) for my husband
http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf

and form MN1 for my son.
http://www.ukba.homeoffice.gov.uk/sitec ... rm_mn1.pdf

and they will be applying from outside UK.

Please let me know if this is correct.
Thanks in advance

Post by **vinny** » Mon Feb 11, 2013 8:15 am

No. If your husband is not in the UK, then

Applying from outside the UK wrote:Depending on the country where you live, you may need to make your application online or using application form VAF4A.

NikitaM · Post by **NikitaM** » Mon Feb 11, 2013 10:14 am

Thanks a Lot for Vinay for your guidance.

NikitaM · Post by **NikitaM** » Thu Feb 21, 2013 3:29 pm

In the Form VAF4A, On Page 10, It is written
You should complete Appendix 2 if you wish to come to the UK as:
The spouse or civil partner of someone settled in the UK

I assume we come in this category, so when he will apply does he need to show mine (Sponsors) Financial details (Bank Statements, Salary Slips, P60 and all) or we can just fill up this form and that should be OK.

Post by **vinny** » Sat Feb 23, 2013 8:35 am

NikitaM wrote:In addition to my question asked here,
http://www.immigrationboards.com/viewtopic.php?t=125747

Is that possible that I can call my husband at spouse visa and then apply for ILR from UK only using application form SET(M) ?

Eventually.

Post by **vinny** » Sat Feb 23, 2013 8:41 am

NikitaM wrote:In the Form VAF4A, On Page 10, It is written
You should complete Appendix 2 if you wish to come to the UK as:
The spouse or civil partner of someone settled in the UK

I assume we come in this category, so when he will apply does he need to show mine (Sponsors) Financial details (Bank Statements, Salary Slips, P60 and all) or we can just fill up this form and that should be OK.

Guidance for Part 3: Financial Requirement wrote:You and your sponsor should provide the relevant evidence, as specified, to demonstrate that together, as a couple, you have the financial resources you claim under this section.

NikitaM · Post by **NikitaM** » Sat Feb 23, 2013 9:48 am

Sorry Vinny for opening a new post.

So your "Eventually" means that he can come to UK on spouse visa and apply for ILR within the UK ?
Please note that he was in UK for 5 years since August 2007 till November 2012. (Exact 92 days outside UK within this period) and has been outside since then.

Post by **CR001** » Sat Feb 23, 2013 9:51 am

Your husband will have to wait 5 years once he gets a spouse visa before he can apply for ILR.

NikitaM · Post by **NikitaM** » Sat Feb 23, 2013 10:00 am

Thanks CR001 for your reply,
You mean this clause...

You have completed a period of 5 years in the UK, with a visa or permission to remain here in this category.

So as he already has spent 5 years in UK (From 2007-2012), I think it will be better he applies for Settlement from Outside UK so that we don't have to wait for another 5 years

What would you suggest ?

Post by **Greenie** » Sat Feb 23, 2013 11:22 am

It is no longer possible for a spouse to apply for indefinite leave from outside the UK (and was never possible in your circumstances anyway). As you now have ilr and his PBS dependent visa has expired he can only apply for a visa as the partner of a settled person and he will be subject to the new financial requirements and probation period. As i read the rules there is no scope for him to use the 5 years he has already spent as your dependent towards this probationary period, so the 5 years start again.

NikitaM · Post by **NikitaM** » Sat Feb 23, 2013 12:21 pm

Thanks Greenie for giving a clear and concise reply.

One last question, What About my son ?
He can also come with my husband (he will mention that in the Form VAF4 while applying) but as my son was born in UK only (In Jaunary 2011) , can we apply for his citizenship once he is here or is there any 5 years probation period for him too ?

http://www.ukba.homeoffice.gov.uk/visas ... /children/

Post by **vinny** » Sat Feb 23, 2013 12:22 pm

vinny wrote:
NikitaM wrote:I think he cant apply for citizenship from outside UK.
I think that he can.

There is no probation period.

NikitaM · Post by **NikitaM** » Sat Feb 23, 2013 12:33 pm

Thanks Vinny, so if I combine both of yours and Greenie Answers..

1) My Husband needs to Apply for Spouse Visa using VAF4A and once he comes here, He has to wait for another 5 years before he can apply for ILR.

2) My Son call apply for Citizenship from India

Is that correct and best possible solution in my case. ?

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Can we apply for ILR at Family Visa

Can we apply for ILR at Family Visa