Eligibility for ILR for baby born outside UK

[santharam]

I am currently in UK under Tier 1 (general) category and have become eligible for applying for ILR. My tier 1 validity is until Oct 2013. My wife who was with me as Tier 1 dependant has gone back to India 1 year back and our baby born in Nov 2012 in India.

- I applied visa for my baby in July 2013 from India and got visa for the period July 2013 to Oct 2013 because main applicant visa validity is until Oct 2013.
My Wife and Baby can to UK in this AUG 2013.

- I know my wife did not spent 2 years in UK so she won't be eligible for ILR along with me so after i get ILR i can apply extension for her as a dependant.

But, now my question is:-

- Is my 10 months old baby eligible for ILR along with me??

[vinny]

No. Baby should apply for leave in line with wife's.

[santharam]

No. Baby should apply for leave in line with wife's.

Thanks for the quick response Vinny, much appreciated.

[SureShot]

- I know my wife did not spent 2 years in UK so she won't be eligible for ILR along with me so after i get ILR i can apply extension for her as a dependant.

I have a quick question on this. How many days is the spouse allowed to spend outside of the UK in those two years. Have not been able to find out any guidance on this.

Given the lack of a number stated, would it be reasonable to assume that this will be < 180 days in each of the two years.

Replies will be much approciated.

Thanks a lot.

[Amber]

Dep absences should be limited and for good reason.

[SureShot]

Dep absences should be limited and for good reason.

Thanks a lot for the reply Amber.

Have you had a personal experience or know of someone who has had such a case.

Can you also please suggest what is acceptable as a good reason. Specifically, Is child birth outside of the UK a a good reason for a 4 month absence.

I ask this, as friend of mine is planning to take her wife to India for the delivery.

Thanks again.

[Amber]

A number of people have had deps absent for 3-6 months for maternity (family and cultural reasons) and they have subsequently been granted ILR.

[SureShot]

A number of people have had deps absent for 3-6 months for maternity (family and cultural reasons) and they have subsequently been granted ILR.

Thanks a lot. Much appriciated.

[vinny]

Hi,
My situation is,

Main applicant (Myself): In Tier1 valid until 10th Oct 2013 but i am eligible for ILR (spent 5 years in UK)
My Wife: In Tier1 Dependent visa valid until 10th Oct 2013 (not spent 2 years in UK)
My Son: Born in India and came to UK in this Aug 2013 with Tier1 dependent visa valid until 10th Oct 2013

I understand, my wife and son is not eligible to apply for ILR.

I have booked PEO appointment on 22nd Sep 2013 but now I would like to know which application form i have to use for all three of us OR how we can apply together and what are all the application forms we have to use.

Thanks in advance.
Santha

[vinny]

wife's.

Click on given link.

[santharam]

wife's.

Click on given link.

Thanks Vinny,
I had a look at the link page and understand the categories but still had a doubt in applying visa together for all three of us

My understanding,
Myself going for ILR so I have to use SET(o) application form
My Wife and Son is not eligible for ILR so they have to use PBS extension form (form number or link would be much appreciated)

My doubt is,
1). Can we all apply together with different application forms in the same PEO appointment???
2). Can my wife and my son apply in the same PBS dependant form??? OR they have to apply in two individual PBS dependant applications? in this case how can we give all original supportive documents for these applications?

[vinny]

See also How dependants can extend their stay.

I think that you may book a family appointment.

[santharam]

See also How dependants can extend their stay.

I think that you may book a family appointment.

Thanks Vinny,
Good to know we can book family appointment in PEO for different categories.

I just looked at the options in PEO appointment booking system and it is asking me to select this "Which application form are you using to make your application?" ==> Options (BR1, BR2, BR3, BR4, EEA1, FLR(M), FLR(O), NTL, PBS Dep(paper form), SET(F), SET(M), SET(O), Tier1(General), TOC)

My doubt again is,
which application form i need to select here because we are all in different categories.

[amitpattjoshi]

Hi,

I am also in the same situation.Just want to know can we apply it together in the same appointment and which form to choose..I am planning to apply on Nov 1st week ..

I am eligible for ILR where as my wife is only eligible for extension...

Please advise...

Thanks..

[santharam]

Hi,

I am also in the same situation.Just want to know can we apply it together in the same appointment and which form to choose..I am planning to apply on Nov 1st week ..

I am eligible for ILR where as my wife is only eligible for extension...

Please advise...

Thanks..

Hi Amit,
sorry for delay in response. I called Home office many times on this but did not get proper answer also i sent mail to them but still i have not received any response.
At last, I booked PEO appointment only for myself on set(o) form and my ILR application got approved on last Thursday. As soon as i get my BRP card (expected in this week) i am going to apply FLR(M) for my Wife and Son.

[amitpattjoshi]

Infact the ILR approval letter is actually suffice to apply for dependent and you dont need to wait for card actually. Thats how I did after getting ILR on 8th Nov..

It is possible to do in same day as well but it ll not be a same appointment and should be booked bit late for next appointment....

But safe is finish your one day and keep an appointment for later days in case you need to cancel for unfortunate reasons...