ILR for a child with father abroad

[babitha.srinivas]

hello,
I m writing here to know about my son's ILR status.

My son was born outside the UK in May 2013, while I held my ILR status and eventually got my british citizenship by naturalisation in 2014. My wife entered the UK on a spouse visa and son as a dependant on the mother in September 2013 .They are due to complete 5 years of stay in the UK in August 2018. I have just changed my job and due to relocate to the US and will receive my salary in American dollars. However my wife and kids will continue to remain in the UK. I have a few questions that i hope i ll find answers to here on this forum.

1. My wife is a housewife and I m the sole earner in the family. Will me moving to the US affect their ILR application.

2.I ll be moving to the US on an exchange program visa valid for 18 months after which i have to return to the UK. Since i wont be living with my wife and kids, will the ILR application be rejected based on this.

3. I will have savings, minimum of GBP. 22,400 in my UK bank account. Will that be enough to fulfill the financial requirements for the ILR application?

4. Is it possible to apply for my son's ILR first and then for my wife before her visa expires or will they have to be done in the same application?

looking forward to any help regarding my query,

Thanks in advance
Siri

[Casa]

Your wife will only retain her right to remain in the UK as your spouse if you continue to live with her here. SET(M) requires documented evidence of co-habitation during the qualifying period.

[CR001]

In addition to Casa's advice, your son will only qualify for ILR when your wife does so the answer is no, you cannot apply for him first on his own.

[marcnath]

If you are only moving to the US for 18 months, I assume you are keeping all your bills, bank account, lease etc. with the UK address - so you should be able to provide the necessary evidence for co-habitation during that period.

I consider that logically you are living with your wife and daughter here and temporarily travelling for business requirements - but I am not sure if UKVI will see it that way.

Having said that, as part of the application process, there is no requirement to explicitly point out that you are overseas currently (I am not sure but I don't think your passport needs to be submitted for your dependants ILR). You should not give any false information, but you also do not need to volunteer information that is not needed as part of the application.

[CR001]

If you are only moving to the US for 18 months, I assume you are keeping all your bills, bank account, lease etc. with the UK address - so you should be able to provide the necessary evidence for co-habitation during that period.

I consider that logically you are living with your wife and daughter here and temporarily travelling for business requirements - but I am not sure if UKVI will see it that way.

Having said that, as part of the application process, there is no requirement to explicitly point out that you are overseas currently (I am not sure but I don't think your passport needs to be submitted for your dependants ILR). You should not give any false information, but you also do not need to volunteer information that is not needed as part of the application.

The US Dollars payslips will be a bit of a give away that OP is non resident

[marcnath]

The US Dollars payslips will be a bit of a give away that OP is non resident

Fair point.

But there can be an interesting academic discussion on this - what is the definition of living together in the UK ? It definitely does not mean being in the UK physically together for every day. They do not impose any conditions on how long the spouse can be out of the country (so they are not in the UK together).

So I would assume the definition of living together in the UK would be based on the evidence that can be produced, not on being physically in the UK together.

If this was reversed and the spouse was in US for eighteen months, she would still be given an ILR. So I can't imagine that the reverse is not true.

[CR001]

The US Dollars payslips will be a bit of a give away that OP is non resident

Fair point.

But there can be an interesting academic discussion on this - what is the definition of living together in the UK ? It definitely does not mean being in the UK physically together for every day. They do not impose any conditions on how long the spouse can be out of the country (so they are not in the UK together).

So I would assume the definition of living together in the UK would be based on the evidence that can be produced, not on being physically in the UK together.

If this was reversed and the spouse was in US for eighteen months, she would still be given an ILR. So I can't imagine that the reverse is not true.

Can we not turn every topic you feel needs it, into 'academic discussion' please. The requirement for the spouse on a dependent visa is to prove that they/partner are present and settled in the UK.

[marcnath]

Can we not turn every topic you feel needs it, into 'academic discussion' please. The requirement for the spouse on a dependent visa is to prove that they/partner are present and settled in the UK.

Apologies, will refrain from doing so in the future.

I was hoping it would give ideas and be helpful and have anyone else who has used the arguments to come forward.

But my bad.

[CR001]

Can we not turn every topic you feel needs it, into 'academic discussion' please. The requirement for the spouse on a dependent visa is to prove that they/partner are present and settled in the UK.

Apologies, will refrain from doing so in the future.

I was hoping it would give ideas and be helpful and have anyone else who has used the arguments to come forward.

But my bad.

It turns topics into a free for all and the poor OP's question literally gets lost.

The Spouse Settlement visas are very clear on the ongoing requirements of the sponsor. An 18 month sojourn to work abroad is excessive for 'overseas work' when FLR(M) or ILR is due.