ILR for dependents from India

[seri-ous]

Hi,

I have a few questions.

My(and my wife's) Tier 1(general) is expiring on 4th Jan 2013, I arrived into UK on 21st Mar 2008.

1. From what I have learnt, I am eligible to apply for ILR after 20th Dec 2012 (i.e., 5 years minus 3 months grace for arriving late into UK). Is this information that I have correct? If yes, do you suggest I apply by post or in person bearing in mind the PEO's will be closed for Christmas and new year holidays? Or shall I not worry about the dates at all and apply for an extension well in advance and think about the ILR later(avoiding the close call)?

2. My wife is pregnant(due mid October), I need to take a decision if I have to send her to India for the delivery or have the baby here. If she goes to india .... I'll have to apply for her and the baby's visa from there as by the time both are ready to come back my wife's current visa would have expired. If she goes to India anyways, will I be able to apply for ILR for her and the baby (from india) or will that be an extension of the dependent visa?

I have more questions for anyone who dares to answer these .. :-)

Thanks in advance,
VS

[Lucapooka]

1. From what I have learnt, I am eligible to apply for ILR after 20th Dec 2012 (i.e., 5 years minus 3 months grace for arriving late into UK). Is this information that I have correct?

Impossible to confirm unless you give a full account of your immigration history with all relevant dates.

If you wife and child go to India and, meanwhile, you are granted ILR, they will have to return with UK settlement visas and then wait 2 years for their own ILR.

[seri-ous]

Hi Lucapooka,

Here are my visa dates:

Initial Entry (HSMP) granted on 4th Jan 2008
Entered UK on 21st March 2008
Tier 1 (General) Visa expiry date 4th Jan 2012

Thanks for the reply to my second question. I guess she'll have to stay till she gets her ILR before thinking about going to india now.

Thanks

[Lucapooka]

You can apply any time on or after December 8th. You may define the fifth anniversary of the date your leave was granted as being the end of your qualifying residence period, and then apply no earlier than 28 days before that date.

[seri-ous]

But Lucapooka, by December 8th 2012 I would have only completed 4 Years 8 months and 15 odd days in UK ....... that'll be less than 4 years 9 months (5 Years - 3 months grace period) required for ILR isn't it??? Will my application still be considered ??

[Lucapooka]

If you delayed your entry by less than 3 months and can't make five years of residence because of that delay, you can use the issue date of the visa as the end of the five year residence period rather than the date your actually entered the UK. So, if so, your residence period is complete on Jan 4th. If you are eligible for ILR on Jan 4th, you may then apply for ILR no earlier than 28 days before that date (as is usual with all settlement applications).

Of course, if you are concerned about this interpretation of the rules you can seek professional assistance or apply on or after Jan 4th.

[seri-ous]

Thanks a lot for the info