ILR 5+ - two trips > than 90 days & child born here n

[petroeconomist]

Heelo All, Good Morning!

I moved to Uk on Feb'07 on work permit and extended my work permit after two years and rules based on bfore 06-April'1 switched to tier-1 visa which is valid for April'2013. In last 5 yrs of period, i am working for the same company.

As per 5 yrs stay in UK, i will be eligible by Feb'2012. I am planning to apply 28 days b'fore.....

My Questions are...

1). I was on India for two trips each 127 Days, 133 Days respectively in 5yrs of time. Those are official trips. I can get letter from my company.

Apart from these holiday, i had everything perfect as i am on the same permanent job since i moved to london.

Q: which one would be better way, applying with solicitor or without solicitor?? (consider, i have my own appointment at PEO at croydon)???

2). I had a child who born in UK on 2010 april.. Right now, he is on dependent visa of my tier-1 which is valid till April-2013.

What i am thinking is, without adding my kid as dependent to my ILR to save fee, Shall i apply for ILR only for my wife and myself??

Because, if i gone through ILR on January -2012. by the time, i will be eligible for Citizenship in January 2013, My kid will stay as my tier-1 dependent till that as my tier-1 visa valid till April 2013 so I planned to apply Citizenship together on January-2013.

Q: without having ILR, is my kid eligible for Citizenship on 2013(if i gone through ILR on Jan-2012 )??

or Do i need to include my kid as my ILR dependent now in my application???

whcih is the best way to make my application??


Please help me. it would be most appriciable...waiting for your responses.

Many Many thanks...

subbu

[geriatrix]

See also FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders.

[geriatrix]

hello All,

I found few post here that i dont need to include my child in my ILR as he born in UK so that i can apply for him MN1 after i gone through the ILR...

BUt i just gave a call to home office, they said that i must need to include my child in my ILR application.

I was so confused about all these. Can anyone clear this cloud??

[geriatrix]

UKBA helpline is known to offer inaccurate advice.

[fellyblue1]

Based on my own experience you can apply to register your child using MN1 form. This cost over £500. My child was born in the Uk and I did not include her on my ILR application but as soon as I received ILR she was registered as british citizen. Please bear in mind that your Uk born child will not be able to travel on dependent visa ONCE you have been granted ILR as you no longer have a tier 1 visa. Registration would need to be completed in addition to applying for British passport once you receive the registration certificate before any travel. Ukba told me that there was no need to include her in my application but they do provide inaccurate info at times.

[linkers]

If you child is born in UK, then you don’t need to induce him in your ILR application. You can get your ILR and register your child as a British Citizen using MN1 Form.

Most of the people on working visas (Work Permit, Tier-1, Tier-2 and HSMP) get ILR for themselves and their spouses and any children born outside the UK, but for children born in the UK, people normally don’t bother for their ILR and get the Citizenship directly.

[settled_now]

1). I was on India for two trips each 127 Days, 133 Days respectively in 5yrs of time. Those are official trips. I can get letter from my company.

...Q: which one would be better way, applying with solicitor or without solicitor?? (consider, i have my own appointment at PEO at croydon)???

I see nobody's addressing your absense issue. With two absenses over 90 days, I think that best outcome you'll receive is to have these absenses agregated, ie. case worer will allow ILR after you make up for the extra days.

If you use a lawyer to obtain this outcome, it will be much easier on initial appointment ( and therfore cheaper ££ ) than trying yourself.

Just my opinion.

[petroeconomist]

Yes. Thu Thu really. i was bit scared of my absenses of two which were above 90 days each.
is it good to go with lawyer as those are business trip and certified by employer as well?
and moreover my salary and employment has been runnig without any single month gap for last five years as i have been working for single employer only.

How much chance will increase when i go through with lawyer??

i thought to consult lawyer only when i get rejection of ILR instead of submitting though lawyer initially??? is it good idea to check ourself without lawyer???

[settled_now]

I used a lawyer.

He asked repeatedly whether all my business trips ( 204 days total ) were under 90 days ( highest 88 ). Clearly > 90 days absenses is more difficult.

With the Nigerian decision being the precedent, you will definitely get ILR eventually - but it may well involve an appeal and / or JR. That will be costly - and stressful.

My lawyer cost me 675 pounds. After reading stories about individuals paying the 1350 twice due to only minor technicalities, I paid it. I filled one form out in blue ink - just that could have cost 1350 if he didn't point it out.

Seemed to make the most sense and it was all over in one day ( and I worked that day ).

[sunil.suneel]

I see nobody's addressing your absense issue. With two absenses over 90 days, I think that best outcome you'll receive is to have these absenses agregated, ie. case worer will allow ILR after you make up for the extra days.

Just my opinion.

When you say 'have these absences aggregated' , does it mean we can request the caseworker to aggregate the absences > 90 days ... and would this apply to absences other than business reasons as buisiness absences are anyways discarded.

I am wondering if the actual meaning of aggregating is to allow ILR if you make up for the extra days by staying longer ... Please confirm ...

i.e. if you have 120 days absence that is at a stretch (30 extra days), can you get away by applying for ILR after 5years + 30days or should you make up for 5years + 120 days ???

[settled_now]

I am wondering if the actual meaning of aggregating is to allow ILR if you make up for the extra days by staying longer ... Please confirm ...

i.e. if you have 120 days absence that is at a stretch (30 extra days), can you get away by applying for ILR after 5years + 30days or should you make up for 5years + 120 days ???

That's exactly what it means. In your case. you aren't talking a lot of days.

However, since you indicated on your other thread that your visa is valid until next year, you should definitely consider the game UKBA plays with that. Since they can deny your application with no right to appeal in cases like yours, they usually do.

I would recommend calling a lawyer and see what he says before even considering an application right now. Even then, go very cautiously. It is a lot of money to just throw away!

[settled_now]

Sorry about the visa expiry thing - thought you were the original poster.

And to further clarify your aggregated days question, UKBA will tell you to wait the extra days you spend outside the country on trips > 90 if they go that route.

[sunil.suneel]

Sorry about the visa expiry thing - thought you were the original poster.

And to further clarify your aggregated days question, UKBA will tell you to wait the extra days you spend outside the country on trips > 90 if they go that route.

Thanks buddy ...

In my case I complete five years on March 2012 but I have visa until July 2012 ... so would it be a good idea applying in July instead of March such that I would have well covered the extra days out of country ???

Would this make any difference to my application then ?

[petroeconomist]

hello Settled_now, I am sure that they wouldnt reject anyone without having appeal powers unless these things are not satisfied...
1). Valid Photo
2). Right passport
3). if you give faulty info to decept them
4). not filling your personal details section completely
5). if your visa fee not been paid...

but there might be other things which makes your application invalid then only they reject without having appeal chance....but not for having valid visa for long period.
please dont make scare.

[petroeconomist]

Hey Sunil,

Really i didnt feel it doesnt make any difference to your application and moreover they may change their rules or increase fee in april to better you should apply within 28 period of our eligibility.

usually they consider absenses from the date of application to last 5 years of time. in your case, it wouldnt change anything interms of your absences.
but make sure you shoud cover all absenses in the valid reasons and relavent proofs....thats it.

dont wait till july...apply asap once you are in eligibility period.

[A_Thinker]

If you can get a letter from you employer that all the absence from Uk was work related/official then there is no issue. Problem is only for the absences which is neither work related nor paid leaves.

For your satisfaction you can email UKBApublicenquiries@ukba.gsi.gov.uk specifying your situation.

I got the following response from UKBA. Definitely you dont have to worry at all for the absence.

Do provide letter from your employer + payslips & Bank statements showing you were receiving pay in UK while you were away.

---------------mail response from UKBA - official email-----------------------

Thank you for your enquiry.

Please be advised that the pass in Life in the UK Test is remains valid
indefinitely.

When assessing if an applicant has met the criteria for five years
continuous residence in the UK, short absences abroad may be
disregarded, provided the applicant has clearly continued to be based in
the UK. For example:
* holidays (consistent with annual paid leave), or
* business trips (consistent with maintaining employment or
self-employment in the UK)

Any absences other than paid annual leave or necessary business trips
should not exceed 3 months at a time or 6 months in total over the 5
year period.

However, if there were exceptional compassionate or compelling
circumstances relating to why you would need to leave the UK for a
prolonged period, this would be taken into consideration by the
settlement caseworker - although we would be unable to guarantee the
outcome of such an application.
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