ILR Dependant & Child Questions

[dvkrn]

I got my work permit 28 Oct 2008, and recently i moved jobs so switched to a tier 2 work permit July 2013, It is my understanding that i will be eligible to apply for ILR on completion of 5 year period (which is oct 28th 2013). I am aware that there is a restriction on number of days spent outside UK during this 5 year period, I calculated the number of days of travel (going with my passport stamps), this comes to 112 days.
1)My previous employer is unwilling to support me with the dates? is there any way around this ?

I got married in April 2011. My wife is on her Tier 2 visa which she got in 2010 with her employer.
She is NOT a dependent either on my work permit or on my Tier 2.

2)Can I add my wife as a dependant on my ILR application ?


3)We had a baby this year, may 2013, would I be able to add my daughter to my ILR application ? or apply for her Naturalisation after my ILR(on the basis that one parent has obtained ILR) ?

Thanks in advance.

Kind Regards

[vinny]

2) No, as 319E fails.
3) Applying for leave to remain is not required, if child was born in the UK.

[dvkrn]

Thanks for your reply,

We have been living together since 2008, we can provide evidence of co habitation since that time. Would that make any difference ?

If I make a separate application from outside UK, would I be able to add my wife as a dependant ?

If I add my wife to my Tier 2 visa as a dependant, before applying for ILR would that be sufficient to add her as my dependant ? (my current Tier 2 work permit is valid till 2016)

With regards to my child, we were planning for a visit to India later this year, hence the reason for adding her to my ILR as a dependant.

[vinny]

No, if she applies for leave as your dependant then her qualifying period for ILR will be reset in the relevant dependent category. Unfortunately, 319E(d)(ii) prevents her from aggregating her previous non-dependant leave.

After you're granted ILR, your UK-born child may also apply for ILR (306), if not registering for British citizenship.

[dvkrn]

Tried my best to read up but the UKBA way of explaining things still baffles me, if i add my wife to my tier 2 work permit as a dependant, then what would happen if I move to ILR - i understand she won't get an ILR straight away, i also saw 2.5 years + 2.5 years before eligible for ILR ?

or provided my wife moves to Tier 2 as a dependant, at the end of her leave (which is the eligibility of my Tier 2), she will be able to apply for ILR ? This also gives a 2 year stay in the duration ?

I am sorry if my writing isn't coherent, i am very disappointed with the new rules..

All I am looking is for my wife to become ILR in the shortest period, moreover, relieve her from her limitations posted by her current Tier 2 visa(i.e., changing employer etc.,).

[vinny]

If she will subsequently be eligible for ILR under her Tier 2, then this may be her shortest route for ILR.

Switching to being your Tier 2 dependant under 319C may reset her qualifying period for ILR to 5 years under the Tier 2 dependant category, under 319E. She may also extend her leave to remain as a Tier 2 dependant after you are granted ILR. 319D specifies the Period and conditions of grant.

The Long residence option will be also available if she remains lawfully in the UK for at least 10 years.

[dvkrn]

Sorry to to continue on this topic,

I am asking this again on the basis of the following text below.. Provided by sushdmetha



""""""""""""""""
Scenario: [b]Before 9 July 2012 you were granted entry clearance, leave to enter[/b] or leave to remain as a spouse, civil partner, unmarried or same gender partner of a British or settled person, or you have applied for this and are awaiting a decision.

Arrangements applicable: The immigration rules in force before 9 July 2012 will still apply to you from 9 July 2012 until settlement, if you qualify for it. This includes the existing maintenance requirement and a two year probationary period to settlement. From October 2013 you will need to pass the Life in the UK test and a B1 level English speaking and listening qualification to qualify for settlement. These arrangements also apply to post-flight spouses and partners of refugees and persons granted
humanitarian protection in the UK
---------#=
Before 9 July 2012 you were granted entry
clearance, leave to enter or further leave to
remain as a fiancé(e) or proposed civil
partner of a British or settled person, or you
have applied for this and are awaiting a
decision.
[b]The immigration rules in force before 9 July
2012 will still apply to you from 9 July 2012.
You can still apply to switch into the partner
route on the basis of the existing
maintenance requirement and a two year
probationary period before settlemen[/b]t. From
October 2013 you will need to pass the Life
in the UK test and a B1 level English
speaking and listening qualification to qualify
for settlement.


******************
Given that, My wife, she came in to UK as student 2007 sep, moved to PSW 2009, Tier 2 work permit 2010 valid till 2014

As I have already mentioned, We are living together from 2008, got married 2012 april.. does this mean that .

Does this mean that, if I wait until April 2014 and then apply for ILR along with my wife or if my wife decides to change to partner route in April 2014, we both can apply together showing that we have lived for 2 years (probationary period) ?

Sorry if i am asking the same question, and do let me know if I need to take this post to the family members section.

[vinny]

Unfortunately, no, because she didn't have leave as your dependant prior to 9 July 2012, as required by 319E(d)(i). Nor does she satisfy 319E(d)(ii)(c ).

If she switches to FLR(M) after you are granted ILR, then her qualifying period for ILR will also be reset in this category.

[dvkrn]

319EdII

(ii) If (i) does not apply, the specified period is a continuous period of 5 years, during which the applicant must:

(a) have been in a relationship with the same Relevant Points Based System Migrant for this entire period,- WE CAN SHOW THIS

(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e), --- THIS CAN BE ACHIEVED IF SHE SWITCHES TO TIER2 migrant DEPENDANT NOW

(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules.

IF SHE SWITCHES NOW AS TIER2 DEPENDANT ??(say nov), then I go on to ILR say dec, IF SHE APPLIES IN JAN, WOULS SHE WOULD SATISFY 319Edii

But, SHE DOES SWITCH AS TIER2 DEPENDANT , THIS WILL MAKE HER COME UNDER NEW RULES FOR ILR? right ?

[Amber]

The issue is:

319EdII

(ii) If (i) does not apply, the specified period is a continuous period of 5 years, during which the applicant must:

(a) have been in a relationship with the same Relevant Points Based System Migrant for this entire period,- WE CAN SHOW THIS

(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e), --- THIS CAN BE ACHIEVED IF SHE SWITCHES TO TIER2 migrant DEPENDANT NOW

(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-gender partner of that person at a time when that person had leave under another category of these Rules.

IF SHE SWITCHES NOW AS TIER2 DEPENDANT ??(say nov), then I go on to ILR say dec, IF SHE APPLIES IN JAN, WOULS SHE WOULD SATISFY 319Edii

But, SHE DOES SWITCH AS TIER2 DEPENDANT , THIS WILL MAKE HER COME UNDER NEW RULES FOR ILR? right ?

[vinny]

Indeed, 319E(d)(ii), unlike 319E(d)(i), apparently implies that your wife must have leave as your dependant during the entire specified period.

[dvkrn]

>>> "After you're granted ILR, your UK-born child may also apply for ILR" >>>>

I am planning to travel in a months time, as you know I am going to apply for my ILR. From the discussion it is clear that i CANNOT add my wife to this application.

Can I add my daughter as a dependant to my ILR application ? in my SET(o) form.

Or should I get my ILR 1st and then apply separately for my daughter ?

**********************
we have also decided to go through 10 route for my wife's ILR. We would like to make an application SPOUSE of a settled person. I suppose I should be using FLR(M) right ?

In which case, can I apply for all this in a single PEO ? Is there an option like this ? ?

Please let me know.

Many Thanks..

Thanks

[vinny]

Can I add my daughter as a dependant to my ILR application ? in my SET(o) form.

I believe so, under 306, if she was born in the UK. It should granted if a parent's ILR is successful.

we have also decided to go through 10 route for my wife's ILR. We would like to make an application SPOUSE of a settled person. I suppose I should be using FLR(M) right ?

Are you asking about Long residence dependants?

In which case, can I apply for all this in a single PEO ? Is there an option like this ? ?

Unfortunately, a Long residence ILR application cannot be made at a PEO. Nor should they consider a FLR(M) application prior to the success of the spouse's ILR application.

[dvkrn]

Thanks Vinni,

Having spoken to my company's in house solicitors they have come back and told me I cannot apply for my daughter ILR Via SET(o).

The reason they have was, it is only applicable(addition of children to set(o) as dependant) when both parents are applying at the same time.

[vinny]

If child was born in the UK and a parent was granted ILR, then 306 will be applicable.

...Where the parent or parents have or are given periods of leave of different duration, the child may be given leave to whichever period is longer except that if the parents are living apart the child should be given leave for the same period as the parent who has day to day responsibility for him.

If you were granted ILR, then "the child may be given leave to whichever period is longer"; the period would be in line with your ILR.

Perhaps your solicitors were considering a different form? Just make it clear that the child's application for ILR is under 306.

However, it may be simplest for a UK born child to skip applying for ILR and register for British citzenship after a parent is granted ILR.

[dvkrn]

I had a good chat at length with the Solicitors. They are adamant that I cannot apply for my daughter in my set(o), they had actually spoken to Home Office for clarification. They said, It will be paragraphs 319 (A to K).

Anyways, I completely agree the best thing would be to apply for her naturalisation after my ILR.

My only reason for an applying before that is because of travel reason, I cannot wait for 4-8 weeks for my daughter to get her British passport and then a visa to the travel destination country.

The current plan is to add my wife & daughter to my tier 2(Application for a Grant of Leave and Biometric Immigration Document as a Tier 2 Priority Dependant) before my ILR application, this gives my wife necessary freedom to move between jobs, and for my daughter to travel in the mean time.

I will my ILR after sorting my wife's & daugthers visa's.

Thanks for all your help.

[Amber]

dvkrn Vinny is talking about when you are granted ILR your child would be able to apply for ILR as a child born in the UK as per rule 306. Your solicitor should be aware of this tell them to read the rule.

[cqln]

Thanks Vinni,

Having spoken to my company's in house solicitors they have come back and told me I cannot apply for my daughter ILR Via SET(o).

The reason they have was, it is only applicable(addition of children to set(o) as dependant) when both parents are applying at the same time.

Can his daughter apply for ILR using SET(F)?

[vinny]

SET(F) or inclusion of child in mother's application may be possible too.

However, it's best to avoid child's possible refusal and associated fees by simply not making an unnecessary application for leave to remain under the complex Immigration rules.

Simplest is to register the UK-born child as a British citizen once a parent has ILR.

[cqln]

SET(F) or inclusion of child in mother's application may be possible too.

However, it's best to avoid child's possible refusal and associated fees by simply not making an unnecessary application for leave to remain under the complex Immigration rules.

Simplest is to register the UK-born child as a British citizen once a parent has ILR.

I understand. I just think he can apply for his daughter's ILR by SET(F) if other option isn't possible.