Applying ILR as dependent of citizen VS dependent of ILR holder

[Anjali85]

Hi All,

Hope you all doing well.

Is there any advantage filing dependent of a citizen vs dependent of ILR holder? Like fees difference, less documents, etc.
Is the fee for both applications are same?
What are the forms for ILR as Citizen dependent and ILR dependent?

[makky86]

Hi All,

Hope you all doing well.

Is there any advantage filing dependent of a citizen vs dependent of ILR holder? Like fees difference, less documents, etc.
Is the fee for both applications are same?
What are the forms for ILR as Citizen dependent and ILR dependent?

All the information is available here

https://www.gov.uk/uk-family-visa/partner-spouse

ITs same category either UK Citizen or ILR dependant.

[Anjali85]

Thanks for the link, but it doesn't answer my queries.
It would be great help if someone can answer the questions posted. Its for getting better idea on applying dependent ILR.

[CR001]

Thanks for the link, but it doesn't answer my queries.
It would be great help if someone can answer the questions posted. Its for getting better idea on applying dependent ILR.

There is no difference. The fee is the same, documents are the same.

Which form is used for ILR depends on the exact visa the person applying holds. Your post is not quite clear on what that is, what the immigration history is or what you are actually trying to establish.

[CR001]

Who are you asking for? Yout previous post says you are tier 1 general and not "ILR" dependent".

indefinite-leave-to-remain/buffer-perio ... l#p1567635

[Anjali85]

Thanks for the response,

my apologies, if it was confusing.

Does the forms are different for applying ILR as Citizen's dependent and as ILR holder's dependent?

I believe SET(O) is the form for ILR holder's dependent. I am not sure about the form for applying ILR as Citizen's dependent.

Why this question is, my partner is on ILR now and will be going for naturalization soon. So thought to check are there any advantages to apply for ILR dependent as a Citizen compare to dependent as ILR holder.

[CR001]

Does the forms are different for applying ILR as Citizen's dependent and as ILR holder's dependent?

You are getting confused. You do not hold an ILR Dependent visa if you are on Tier 1 General. ILR dependent means a Spouse Settlement Visa, which is a completely different visa category to what you hold.

I believe SET(O) is the form for ILR holder's dependent. I am not sure about the form for applying ILR as Citizen's dependent.

Set(O) is for PBS route ILR applications and NOT for ILR Dependent/Spouse Settlement visa ILR applications.

Why this question is, my partner is on ILR now and will be going for naturalization soon. So thought to check are there any advantages to apply for ILR dependent as a Citizen compare to dependent as ILR holder.

There is NO difference IF you hold the relevant visa category, which you don't.

ILR fee are the SAME regardless of which route you follow under the UK Immigration rules.

If you switch now to Spouse Visa on FLR(M), you don't qualify for ILR anyway so not sure what you are trying to determine with your questions. Your post really is clear, are you asking about ILR or are you asking about switching visas to a ILR Dependent/spouse visa?

[Anjali85]

Thanks a lot, I appreciate your answer and patience. I am extremely sorry for confusing you. I am weak in english. I will try best to make it clear this time.

this is the situation,

My husband is on ILR now and he is in the process of naturalization.
I am a PBS Dependent (Tier 1 general).

I will be eligible for ILR soon (5 year route). In this scenario, is there any advantage by waiting till my husband gets citizenship, then apply for my ILR? . In this case I will be applying for ILR as the spouse of a citizen.

If there is no advantage/benefits by applying for ILR as the spouse of citizen then I think its good to apply for ILR as soon as I am eligible. That case I will applying for ILR as the spouse of ILR holder(ie my husband).

what is the form for applying ILR as the spouse of a citizen?

Once again thanks a lot for your help. I've been asking too many questions and sorry for that. Unfortunately too many things (Naturalization,ILR for myself, child's ILR) are going in parallel.

[makky86]

Thanks a lot, I appreciate your answer and patience. I am extremely sorry for confusing you. I am weak in english. I will try best to make it clear this time.

Its okay. Its fine.

My husband is on ILR now and he is in the process of naturalization.
I am a PBS Dependent (Tier 1 general).

I will be eligible for ILR soon (5 year route). In this scenario, is there any advantage by waiting till my husband gets citizenship, then apply for my ILR? . In this case I will be applying for ILR as the spouse of a

You should apply ILR based on pbs-dependant. There is no advantage waiting for your husband getting citizenship.

If there is no advantage/benefits by applying for ILR as the spouse of citizen then I think its good to apply for ILR as soon as I am eligible. That case I will applying for ILR as the spouse of ILR holder(ie my husband).

Yes, you should apply for ILR before April as fees will go up again

what is the form for applying ILR as the spouse of a citizen?

There is no direct route applying spouse of a citizen. If you want to take this route you'll have to apply FLR first which will reset your current clock and oyu'll need to wait for another 5 years to be eligible for ILR ! You want to do that???

Once again thanks a lot for your help. I've been asking too many questions and sorry for that. Unfortunately too many things (Naturalization,ILR for myself, child's ILR) are going in parallel.

You are making things difficult unncessary. Apply for ILR as pbs dependant if you have completed 5 years.

[CR001]

My husband is on ILR now and he is in the process of naturalization.
I am a PBS Dependent (Tier 1 general).

You only have the option of applying via the PBS dependent route on Set(O). Your spouse's ILR/Citizenship status is irrelevant.

I will be eligible for ILR soon (5 year route). In this scenario, is there any advantage by waiting till my husband gets citizenship, then apply for my ILR? . In this case I will be applying for ILR as the spouse of a citizen.

No advantage and you cannot apply as 'spouse of ILR holder or British citizen' as you DO NOT holder a visa in that category, i.e. spouse settlement visa

If there is no advantage/benefits by applying for ILR as the spouse of citizen then I think its good to apply for ILR as soon as I am eligible. That case I will applying for ILR as the spouse of ILR holder(ie my husband).

No, you cannot apply for ILR as spouse of ILR holder. You must apply as PBS dependent on Set(O). You apply for ILR on Set(O) once you have almost reached 5 years residence, calculated from date you entered the UK as PBS Dependent.

what is the form for applying ILR as the spouse of a citizen?

This is not relevant as you can only apply on Set(O) as a Tier 1 G dependent. The other form, which you don't qualify for, is Set(M).

You must apply for ILR before your current visa expires.

On what basis did your husband get ILR, 5 years Tier 1 or 10 years long residence??

[Anjali85]

Thanks a ton to both of you, very much appreciated. its all answered now!. My husband got ILR on '5 years Tier 1'.

[vinny]

Apply for SET(O) from Saturday, 23 December 2017 and before expiry of leave. Subject to meeting all requirements of 319E, including KoLL.