ILR

[Client]

hi there,
I came to the UK 24 sep 1997 from Dublin as a student and then regurarly granting student visa, later in 2004 got WP until 2009. I think, I am eligible for ILR on 10 years concession.

I got Entry Clearence on 22 Sep 1997 from dublin and I arrived UK 24 Sep 1997 and that time no immigration control so I did not get any stamp on my passport then after a week time I sent my passport for extention or stamp to the home office and got back in Jan 1998. But I do not have that air ticket now but I have an evidence (my university receipt and attended uni on 25 sep 1997).

My Queries are:

1- When can I apply for ILR exatly?
2- What docs required?
3- What visa should I apply for my family (dependant Wife and child born in the UK 1 year a ago)?
4-If I go to apply myself when can I make an appointment?

I would be very greatful if you send your experiences!

Kind regards,

[VictoriaS]

You should be eligible from September 2007, so can apply in August, but it might be safer to wait until Jan if that is what the stamp in the passport says. Once you have the ILR, your family can apply as your dependents, but your wife will not get ILR unless she has also been here 10 years.

Not a good idea to apply in person.

Victoria

[sunnyday]

Can his parents apply as his depedants once he has obtained ILR?

[sakura]

hi there,
I came to the UK 24 sep 1997 from Dublin as a student and then regurarly granting student visa, later in 2004 got WP until 2009. I think, I am eligible for ILR on 10 years concession.

I got Entry Clearence on 22 Sep 1997 from dublin and I arrived UK 24 Sep 1997 and that time no immigration control so I did not get any stamp on my passport then after a week time I sent my passport for extention or stamp to the home office and got back in Jan 1998. But I do not have that air ticket now but I have an evidence (my university receipt and attended uni on 25 sep 1997).

My Queries are:

1- When can I apply for ILR exatly?
2- What docs required?
3- What visa should I apply for my family (dependant Wife and child born in the UK 1 year a ago)?
4-If I go to apply myself when can I make an appointment?

I would be very greatful if you send your experiences!

Kind regards,

I'm not totally sure about when to apply for ILR. I think you can do so from Sept 2007 if you have evidence of lawful stay from Sept 1997. Since you were at university, then college letters, proof of accommodation (and employment if you were working), and any correspondence from the HO to indicate that you were legally here with their consent should do.

As for your family...once you have the ILR stamp, you can apply to register your child as a British Citizen. I think it is form MN(4)? Only one parent needs to be "settled" here for the child to be registered.

Your wife....now, either she can apply for ILR with you, as your dependent. OR - and can someone clarify which is possible/better - if that option isn't available, then once you obtain ILR she applies for a 2-year spouse visa. Then she can apply for ILR (after taking tests, etc) after she completes the 2 years.

But your child can be registered as a BC, and so doesn't need ILR.

Apply in person - if you want same-day service, and are sure you have evidence from Sept 1997, and have a lot of money! And have your passed UK test results!

[sakura]

Can his parents apply as his depedants once he has obtained ILR?

More info needed - how old are they, what condition(s) do they live, etc?

[sunnyday]

Do they need to live poorly or do they need to be rich to apply as depedants? If their only child has ILR, would that make it easier, as they are approaching retire age?

[olisun]

Apply in person - if you want same-day service

Is the same day premium service applicable to the 10yr legal stay rule?

[Client]

of course I have a legal status throug out last ten years. I got only one month valid EC from Dublin so they must know I came to the UK within that period mean 24 Sep 1997 and I got my uni letter on 25 Sep 1997 saying I have paid my fees on that day.

Also I have passed my Test. According to my all dates, can I apply 28 days before and on 31 Aug 2007?

Thank you!

[sakura]

Apply in person - if you want same-day service

Is the same day premium service applicable to the 10yr legal stay rule?

I think so? Why wouldn't they be able to?

[sakura]

Do they need to live poorly or do they need to be rich to apply as depedants? If their only child has ILR, would that make it easier, as they are approaching retire age?

Well, is it for your parents? If so, you'd need more information. There are loads of different conditions based on their age(s) so it's hard to give a definite answer.

Have you done a search on this board? There are quite a lot of similar queries.

[VictoriaS]

it is possible to apply for ILR at the same day service, but you should only do so if your applictaion is absolutely straight forward, otherwise you risk not just a wasted journey but possibly losing £950!

Once you have ILR you can apply for your parents to come and live with you if they meet the criteria for elderly dependent relatives.

Victoria

[costa]

In OP's case, its better request SAB (Subject Access Bureau) first.

[VictoriaS]

I'm not sure that will make any difference. The SAB will only tell us what we know - the date he came in to the UK, and the date his visa was endorsed.


Victoria

[costa]

If SAB recorded 1st entry date was on Sept 1997, then OP case should be straight forward.

If it said 1st entry was on Jan 1998, then its OP's burden to provide documentry evidence he was legally in the UK as early as from Sept 1997, and accordingly his case might not quite straight forward and apply by post might be better.

[VictoriaS]

yes, but as he came though Dublin and did not get registered as having entered on this date, then his entry won't be mentioned on the SAB. that is why I am suggesting that if he wants to apply going by this date then he will have to do it by post.

Victoria

[Client]

I am still confused when can I apply? I have talked to HO regarding my case and somebody said if you have evidence mean uni letters and attandence from 25 Sep 1997 then you can apply in the end of August but someone else from same HO said you have to wait until you quilfy mean end of dec 2007. Please help me out when can I apply excatly?

[VictoriaS]

Your question has been answered - it depends what documents you have.

Victoria