ILR for dependent 10 year residency

[nirupam]

Hi Team,

I am residing in UK since Jan 2014 and will eligible for long residency ILR this year Dec 2023. My visa renewal is in process for skilled worker visa for next 3 years. My Wife residing UK since May 2014 and she will complete her 10 year by April 2024.

1. I would like to know is it possible to apply for 1 year of skilled worker dependent visa for my wife while I am having visa for 3 years skilled worker visa so that I need to pay only for 1 year of IHS cost considering she will be eligible for ILR within one year.

2. When I file for ILR in the month of Dec 2023, can she eligible to stay on UK skilled dependent visa or do I need to file for ILR together ?


Thanks,
Nirupam

[zimba]

1. No. The extension visa period is fixed, she gets the same expiry as your visa (max of 3 years)
2. If you both are eligible by then, you apply separately under SET(LR). Otherwise she stays under the same visa until she is eligible on her own

[nirupam]

Hi Zimba,

My application for ILR 10 years residence has been successful and thanks to you for clarifying all my doubts.


I am planning to apply for wife ILR 10 year residence.
She has completed 10 years of residence in April 24.

Should I apply for my spouse as My dependent or as individual ? What are the pros and cons for both route.

Which one is the best option to apply for ILR?

English Language Test: Previously my spouse had UK student visa for which she already proved english Language, but now dependent on my skilled visa. Do I need to provide the English language documents again or previously granted visa can cover it.


Also, while application is in process if we need to travel to India due to parents health or unavoidable circumstances, can we able to travel and what will be the impact on application? Is there any scope of application amount refund.

[zimba]

There is no difference. Either route can be used. I suggest the dependant route via SET(O).
What English language evidence she provided before? What test and when was that ?

She cannot travel outside the UK until her application is decided otherwise the application will be considered withdrawn and no refund will be given

[nirupam]

IELTs for English Language Test in 2018 for student visa in year 2018. She completed MS in advanced computer science in year 2021.

For ILR SET O , do we still need to prove 10 year residency and UK absence? Will she ILR dependent?


I heard, after one year completion of ILR of mine, we can together apply for naturalisation and she don't need to wait for her 1 year completion on ILR. It that true?

[zimba]

She can use her degree then. For SET(O) her qualifying period is the last 5 years and you do not need to prove anything.
She can immediately apply to naturalise after ILR, when you get your British citizenship.

[nirupam]

Thanks Zimba for your quick reaponse.

With SET O she will dependent on my British citizenship and she can't file for naturisaltion without me?

Last five year she don't need to prove absence criteria or finances?

[nirupam]

Also, SET O, consider any visa type in last 5 Years. Last 1 year on Skilled Dependent Visa , previous 3 years on Tier 2 General Dependent and before that on Student Visa.

[zimba]

Thanks Zimba for your quick reaponse.

With SET O she will dependent on my British citizenship and she can't file for naturisaltion without me?

Last five year she don't need to prove absence criteria or finances?

You being a British citizen has no relevance to her ILR, her eligibility is based on your previous status as a skilled worker. She can only naturalise after getting ILR and after you become a citizen. She needs 5 years as your dependant under any dependant route and there are no financial requirements at all

[nirupam]

Thanks Zimba.

for my child ( 8 Years old ), born in UK I can directly go for naturalization (as I have ILR) ? and she don't need to go via ILR route.

MN1 form, is that correct?

Thanks,

[meself2]

Thanks Zimba.

for my child ( 8 Years old ), born in UK I can directly go for naturalization (as I have ILR) ? and she don't need to go via ILR route.

MN1 form, is that correct?

Thanks,

Yes to both.

[nirupam]

can I apply for registration for citizenship and British passport same time?
if yes, how can I do it?

[meself2]

can I apply for registration for citizenship and British passport same time?
if yes, how can I do it?

No. First your register your child, then, once/if approved, you get a certificate, only then you can apply for a passport.

[CR001]

Please ask your British citizenship question in the British citizenship sub forum.

viewforum.php?f=42

These questions are not relevant to the ilr topic and sub forum!