FLR(FP) or FLR(M) as we just got a new born baby (British C)

[angelsevil2002]

Hi All,

I hope you are all well.

I have indefinite leave to remain but my wife is still on PBS dependent residence. Two weeks ago my wife gave birth and the new baby boy is by default a British citizen as I got my ILR a month before he was born.

My question, can she apply for FLR(FP) as a mother of a British citizen? is there any rule that the child must have been living in the UK for 7 years or more?

The reason why we need to apply for FLR(FP) instead of FLR(M) is that I am on my last month notice with the current employer and going to do a PhD. Do you think I can still apply with FLR(M) while I am in my last month employment notice as my salary was high? Note, I got my P45 form but the employer hasn't yet informed the HMRC of my definite leave, at least not before my last pay day.

Finally, what about Derivative Residence, it's much cheaper but can my wife get it? Please note, her second daughter is actually a Finnish citizen and she is +7 years old

Many thanks

[Obie]

She may qualify for FLR(FP) due to your British child.

She could qualify for DRC based on the FInnish Child, but this will not lead to Indefinite leave.

[angelsevil2002]

Thanks Obie for your quick reply.

For FLR (FP) the child is a new born, is there no rule that the child must have been living here for at least 7 years before the mother can apply for FLR (FP)?

Regarding the Derivative Residence Card, the mother and her daughter were living in Finland and joined me only two years ago. is the DRC still an option here?

One last question I hope someone help with. My wife has always been a Permanent Resident of Finland (EU country) and was living there even after we got married in 2011. However, she got her PBS residence in the UK on Dec 2012 so I am guessing she cannot yet apply for ILR as the rules changed after July 2012 dependents must live here for 5 years before they apply for ILR instead of the old rule which was two years.
My question is, do you think she can apply for ILR despite of the new rule as she was married to me but living in Finland instead of the UK since 2011?

[angelsevil2002]

My wife has always been a Permanent Resident (not citizen) of Finland (EU country) and was living there even after we got married in 2011. However, she got her dependent PBS residence in the UK on Dec 2012 so I am guessing she cannot yet apply for ILR as the rules changed after July 2012 and so dependents must live here for 5 years before they apply for ILR instead of the old rule which was two years.

My question is, do you think she can apply for ILR despite of the new rule as she was married to me but living in Finland instead of the UK since 2011 until Feb 2013?

Note: I got my ILR two months ago

[Obie]

Your wife will not be entitled to ILR at all at this current moment.

She may be able to qualify in 2019.


It may be 2017 if you obtained ILR through PBS.

[angelsevil2002]

Yes, I got my ILR through PBS Tier 1 General.

So, what category do you recommend that she applies under? FLR(FP), FLR(M) or Derivative Residence with her new born British baby.

As I am on my last month employment after being with the same employer for +7 years, if my wife apply this month under FLR (M) and I state my salary for the last 12 months would they check with HMRC and then refuse the application?

I am sorry, I know I am asking so many questions but these situations are very stressful.
Thanks

[Obie]

She can continue to be on PBS dependent until 2017, when she will be able to secure ILR as PBS dependent.

[angelsevil2002]

Thanks Obie, but how can she stay on PBS dependent until 2017, her current PBS Dependent residence is expiring early Dec this year and I now have ILR.