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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11510
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I will be applying ILR on the basis of 10 years long residen

Resolved Question:

I will be applying ILR on the basis of 10 years long residence soon. I entered in uk on 16 Jan 2000. I have following queries: what is the earliest date I can apply and what is the earliest date i can call HO to book my appointment. Second, my wife came to uk on my spouse visa in dec 2004 and my son born in uk in oct 2007, my question is after i get my ILR can my wife apply for ILR and can my son get British passport as I will have the ILR then
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  INC replied 5 years ago.
Hi,

Thanks for your question.

If you arrived in the UK on 16th January 2000, the earliest date you would be able to apply is 15th January 2010 and you will not be able to book an appointment for before this date.

If your wife arrived in the UK on a Spouse Visa in december 2004, she will be eligible to apply for ILR in december 2009.

Once you have ILR, you will be entitled to make an application for your son.

I hope this answers your question. If so, kindly click accept.

If you wish to discuss, please feel free to ask further questions.

Kind regards,
Customer: replied 5 years ago.

Hi, I have got some info from the ukba website on long residence but that i different from your reply. First, I can apply 28 days before the completion of 10 years. Second, my depandent specially my wife would not be able to apply for ILR as my ILR will be based on long residence rule. She has to apply as my dependent once i get the ILR. But not sure about my son. I could be wrong so could you please back your argument regarding my wife's ILR

Thanks

 

 

Customer: replied 5 years ago.
Please check my further query
Expert:  INC replied 5 years ago.

Hi,

 

You are correct in stating that you can make an application 28 days beore your Visa expires. In fact, if you make you application more than 28 days before your visa expires, it will be returned to you.

 

You are corect in stating that your wife will not be eligible to apply for ILR on the basis of your long residence, however, if she has a SPouse Visa, she will be able to apply for ILR once the Spouse Visa expires (28 days before).

 

I will need to ascertain what type of Visa your wife actually has and on what basis it was granted before being able to provide a definitive answer.

 

I hope this helps.

Customer: replied 5 years ago.
Hi, Thanks for your reply. I have workpermit and my wife and my son are on my depandent visa

Expert:  INC replied 5 years ago.

Hi,

 

If you have a work permit, you will be able to apply for ILR after 10 years. Once you have been granted ILR, you will have to wait 12 months before you can be Naturalised as a UK Citizen.

 

If your wife has a Dependant Visa, once you have been granted ILR, your wife will need to make an application for a Spouse Visa, as you have been married for more than 4 years and by this time you would have been granted ILR, your wife and child will also be able to apply.

 

I hope this helps. If so, kindly click accept.

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Customer: replied 5 years ago.
Hi, that means my son can apply for british nationality but my wife have to apply on SET (M) form once I get the ILR

Waiting for your reply
Expert:  INC replied 5 years ago.

Hi,

 

Yes it does.

 

 

INC, Solicitor-Advocate
Satisfied Customers: 11510
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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