ILR for dependant

[T1ilr]

Hello again,

A while ago I had discussed about my personal circumstances and whether my missus should go to home country for delivery. Many seniors had suggested pros and cons. At last, we decided to deliver in our country due to family n friends ties and the help she would get. My wife's visa timelines are:

Arrived uk 15th June 2012 as tier 1 dependant
Visa valid till 26/01/2014
Left uk on 3rd July 2013 for delivery
Planning to return April 2014.

Could someone suggest when she'd qualify for her ILR please?

As she is in 2 years route, can she apply in June 2014 or since she was away, does she has to compensate for the lost period as well.

Many thanks in advance,

Kind regards

[sonub4ualt]

Hello again,

A while ago I had discussed about my personal circumstances and whether my missus should go to home country for delivery. Many seniors had suggested pros and cons. At last, we decided to deliver in our country due to family n friends ties and the help she would get. My wife's visa timelines are:

Arrived uk 15th June 2012 as tier 1 dependant
Visa valid till 26/01/2014
Left uk on 3rd July 2013 for delivery
Planning to return April 2014.

Could someone suggest when she'd qualify for her ILR please?

As she is in 2 years route, can she apply in June 2014 or since she was away, does she has to compensate for the lost period as well.

Many thanks in advance,

Kind regards

I was in the same situation when my spouse was pregnant last year Feb'12. I sent my spouse away thinking delivery back home would provide great help to my spouse. She was 5 months pregnant (jun'12) and her visa was running out as mine in May,13. But in Jul'12 new rules came into place where dependants have to complete 5 years to be eligible for ILR. I did travel back home to pick her and we managed to deliver the baby here (very daunting when you have no support whatsoever)

As long as you extend her visa without any breaks, she should be fine, but am unsure whether you can extend dependant visa out of country. If you are not planning to extend her visa, she will have to apply under new rules, where your spouse, new born child have to complete 5 years as your dependants to be eligible for settlement!

[T1ilr]

Thanks sonub4ualt.

So, the key questions are,

1) can my wife extend out of country?

2) if yes, can she apply for settlement in June 2014

3) if no, then she and the baby has to apply new visa as a dependant of settled person when they travel in April 2014.

4) if new visa is granted, then she may have to wait for 5 years to get ILR.

Am I missing anything?

[T1ilr]

If my wife can extend out of country, then no problem. If not, then she will have to rush back to UK after delivery and before visa expires.

[T1ilr]

If my wife can extend out of country, then no problem. If not, then she will have to rush back to UK after delivery and before visa expires.

[vinny]

Cannot apply for Extensions from outside the UK.

[sonub4ualt]

Cannot apply for Extensions from outside the UK.

As she cannot apply extension out of country, she has to return to UK and your newborn has to get entry clearance as your dependant.

[rengasakthi]

Hi T1ilr,

I was same as you, my wife was in UK for 16months before going to India for delivery, my son was born in India so they both were in India for 7months, then they came to UK and stayed here for 4months by the time her VISA was due for renewal so in total she was in UK for 20 months and 7months in India, so I was thinking to give a try to see if she will get ILR on the basis that she was away for medical reason, I had a letter from my GP, and a letter from the doctor in India confirming that she was away from UK only for medical reason.

So yesterday we went to PEO Liverpool and applied ILR(SET(M)) for my wife and my son and they both got ILR yesterday.

I think if you provide all documents you may will get it but I think its really upto the case worker...

I took a chance really because there is no rule saying if one was out for medical reason it can be considered as not absent, also my plan was if the case worker decided to not approve the application I was thinking of submitting PBS(Dependant) for extension.

Below are the documents I submitted:

SET(M) form
Photograph of me, my son and my wife
Life in the UK pass cert for my wife
GP and Doctor letter
6 address proofs for both of us
12 months Bank statements
12 months payslip
Council bill
NI card
My(main applicant) copy of ILR
My wife's current VISA-BRP
Passports
Marriage certificate
My son birth cert.

Hope this helps...

[T1ilr]

Thanks to rengasakthi, Vinny, sonub4ualt.

Can you also suggest that in the event of having to extend in UK (which is inevitable), the ideal timelines would be,

1) Give birth in India in Oct, 2013
2) Apply for a passport for baby and apply for a visa for the baby ASAP (some people suggest dependent visa for baby may take upto 90 days) - Any suggestions?
3) Then travel to UK along with baby before my wife's visa ends which is 26 Jan 2014
4) Apply for extension here in UK
5) Apply for ILR for my wife and baby in June 2014.

A special thanks to rengasakthi for the detailed mail.

As rengasakthi has mentioned, I might want to try ILR for wife and kid based on medical grounds. But, I am not sure if GP would support this as we decided to conduct delivery in India based on our will and wish.

rengasakthi, please can you provide a template for the letter provided by the GP and the DOC from India.

On the hindsight, if we chose to apply for my wife n baby's visa after the expiry of my wife's current leave to remain ie., 26 Jan 2014, does she have to apply as a dependent of a settled person as my ILR is due in December, 2013. In this case, she will automatically be converted to 5 year route for settlement. Am I correct here?

Kind regards

[rengasakthi]

When I applied entry clearance for my son he got the VISA in 10days, its the passport took lot of time for him because I had to apply in normal route(not talkaal) because my wife name was not included in my passport, so the 1st thing you can do is(if you haven't done so) to get your spouse name endored in your passport, you can do this in a day from India Embassy in your place(in UK), if you do this in India you have wait apply a new passport with spouse name, so get your wife name added in your passport, and then as soon as your baby has birth certificate you can apply Passport via Talkaal which you will get it in 5days(10 max), and then immediately apply Entry clearance.

I don't think any doctor/GP will have any issue with your wife having delivery in India, you need to explain this to your GP and get the letter. I don't have any template, the letter only says that "the baby was born in India and the mother was in India for XXX months only for medical reason"" you can also include the date she left UK and return date.

I think she needs to get her VISA entended before 26/01, if you do this after expiry she may will send back because she will have stayed in the UK without VISA so assuming you get your ILR in Dec-2013 you can bring your family to UK well before 26/01, and try apply for ILR if they didnt get it then you need to apply PBS Dependant for them.

Hope this clears everything...

[T1ilr]

Thanks again Rengasakthi.

That is bit encouraging to know that it only takes roughly 10 days to secure child visa. I am planning to go to Indian High Commission in London to include spouse name. That is a very vital point. Thanks for the information.

I believe there is an affidavit that needs to be endorsed by HCIL to secure child passport. Let me also check that.

When I mentioned extending beyond 26/01/2014, not that I intended that my wife would overstay, I was exploring an option of re-applying from India after 26/01/2014. Dare I not, my wife to become an illegal.

Thanks to all members for their selfless help to distressed people like me. This motivates me to even contribute with any information I might have.

Kind regards