ILR For Wife & Baby from India or UK?

[prabu111]

Hi All,

Just need a bit of advice from you folks.

I am on Tier 1 and have an ILR appt at PEO for myself this month.

My wife is eligible to apply as well, but I am just wondering whether she can apply from India next month along with my baby born in UK, as my wife and baby have to travel to India immediately? Also I can save £900 as application cost.

If my wife can apply ILR (settlement visa) from India once I get ILR, what visa should my child apply for? She can apply as a dependent using the same form?

Thank you

[CR001]

Your post is confusing. Do you mean ILR OR spouse of person settled visa??

A person cannot apply for ILR = indefinite leave to remain outside the UK.

Is your wife's Tier 1 G Dep still valid?

[prabu111]

Hi,

My wife's Tier 1 as dependent visa is valid until end of November (same as mine) and she is planning to travel a couple of days after (end of October) I get my ILR. She is eligible to apply ILR as dependent along with me but I am just wondering, since she is travellng to India, can see apply

So, what visa she needs to apply from India? Also, my child can apply along with my wife?

Do they have to pay IHS?

Thanks

[CR001]

She cannot apply for ILR from India. ILR can only be applied for within the UK.

She can apply to extend her PBS Dependent visa and the baby can apply for the same category.

How long will she be away?

If you are applying for ILR based on Tier 1 G and 5 years residence, your wife can continue on her existing visa. Why does she not apply for ILR with you before travelling?

[thebionicredneck2003]

CR001 has already said this
A person cannot apply for ILR = indefinite leave to remain outside the UK.

Can your wife alter her travel plans and travel after you both get your settlement?

[prabu111]

I was thinking that my wife can apply https://www.gov.uk/join-family-in-uk/overview visa (i though this is the equivalent of ILE) from India after I get ILR from UK.

Looking from the responses you both gave,it is not the case. So I will change the travel plans and make her apply for ILR along with me as dependent.

Since we don’t have time for the child to apply for MN1 (our travel plans and since it takes approximately 6 months for MN1 to arrive these days), can my child apply along with me for ILR (she is just 7 months old and just applied for Indian passport)? If so, is it the same SET (O) or separate SET (F) form?

Thanks

[vinny]

Looking from the responses you both gave,it is not the case. So I will change the travel plans and make her apply for ILR along with me as dependent.

That's best.

Include baby in SET(O).

[prabu111]

Hi Vinny, thanks for the response.

Just had couple of calls with UK VI over phone with two different advisors. They said to apply the baby in a separate appointment on the same day using SET (F). They insisted SET (F) instead of SET (O)

[vinny]

I think that both is possible for a UK-born child. Pick the cheaper option, if there is a fee difference.

[prabu111]

Thanks, both are of same fee, 1900.

Cant the child apply from India? If so, what visa?

[CR001]

For the baby you can then apply for, which will likely be ILE.

can apply https://www.gov.uk/join-family-in-uk/overview visa (i though this is the equivalent of ILE)

[prabu111]

Thank you CR001 & Vinny & thebionicredneck2003

My wife will apply along with me at the PEO for ILR.

The child will apply alone for ILE from India. But does the child have to pay IHS?

[vinny]

I don't think so, but you may have to argue the point.

[prabu111]

Thank you Vinny.

If I get a an appt for my child at the PEO on the same day as mine, will apply for her as well. Otherwise, will apply from India.

Looks like it is not an easy task to get back the IHS.

Can the wife & child travel after getting the visa approval but not receiving the BRP? I can take the BRP to them (as I travel later) so that they can have it when they return along with me.