ILR Assessment for my spouse and kids

[a_salim_99]

Hi,

Can the experts in this forum help me with my query please ?

My wife and I got married in Nov 2006 and moved to UK in Jan 2007. I was on workpermit and she was on my dependant visa. I switched to HSMP in Jan 2008 and she was switched again as my dependant. She however had to live in India from April 2008 till October 2009 (about 18 months) for having our baby in India. I switched into Tier 1 (extension) in Jan 2010. She had to move back to India for our second child from Aug 2010 - Aug 2011. I continued to live and work in UK while she was in India.

1. I am now eligible to apply for ILR after living in the UK after working in WorkPermit / HSMP / Tier 1 continuously for the period of 5 years. However, I am not sure whether my wife is eligible to apply with me. She has lived in the UK for a period of 2 years albeit discontinously.
Is she eligible to apply ?

2. My elder son (aged 3) stayed with her in India from Aug 2010 - Aug 2011. He has not lived in the UK for 2 years. Is he eligible to apply ?

3. When I apply for ILR for my wife, my two sons and myself through post (costing a whopping £2430.00), will they reject all our application even if they decide one of my dependant is ineligible ?

I have to apply with in the next 2 weeks. Please help !

[geriatrix]

1. See also Ambassador's success.
2. Yes.
3. No.

[mk357]

Hi,

Can the experts in this forum help me with my query please ?

My wife and I got married in Nov 2006 and moved to UK in Jan 2007. I was on workpermit and she was on my dependant visa. I switched to HSMP in Jan 2008 and she was switched again as my dependant. She however had to live in India from April 2008 till October 2009 (about 18 months) for having our baby in India. I switched into Tier 1 (extension) in Jan 2010. She had to move back to India for our second child from Aug 2010 - Aug 2011. I continued to live and work in UK while she was in India.

1. I am now eligible to apply for ILR after living in the UK after working in WorkPermit / HSMP / Tier 1 continuously for the period of 5 years. However, I am not sure whether my wife is eligible to apply with me. She has lived in the UK for a period of 2 years albeit discontinously.
Is she eligible to apply ?

2. My elder son (aged 3) stayed with her in India from Aug 2010 - Aug 2011. He has not lived in the UK for 2 years. Is he eligible to apply ?

3. When I apply for ILR for my wife, my two sons and myself through post (costing a whopping £2430.00), will they reject all our application even if they decide one of my dependant is ineligible ?

I have to apply with in the next 2 weeks. Please help !

Hi. How could you apply in 2 weeks time when you first entered into the UK in Jan 2007. I think you would be eligible in Dec 2011 depending on your arrival date in Jan 2007, unless your visas are running out and you want the CW to consider the 90 days concession which is a discretion and not a rule.