Child citizenship born in UK and wife Tier 2 dependent visa

[asifaslam421]

Hi i have some questions regarding the status of myself and my family and would appreciate if people who have any knowledge regarding this could respond to it.

[*] My son born in UK in November 2014 and I received my ILR (based on long residency 10 yrs) in December 2014 after his birth. Now i would like to apply for his UK citizenship and UK passport . It is my understanding that i must apply for his citizenship first before submitting British passport application. please confirm . My work colleague said to me that i don't have to waste money on certificate of citizenship for my son and i am entitled to apply direct for his UK passport as he does so in case similar to mine and successfully received passport for his kid. Please advice how true is that ?

[*] My wife (in UK) currently has Tier 2 dependent visa expire on March 2016. I would like to know do we have to apply a new visa for her as i don't have my Tier 2 visa anymore Or is it okay if we wait for her current visa to run out before submitting her new application for dependent of ILR . Please confirm that we are not breaking any rule here.

[*]Furthermore I want to know how could we get the ILR for my wife. I assume that she has to spend five years in UK before we apply for her ILR. My query is whether her period spend currently on Tier 2 dependent in addition to future visa extension for dependent of ILR would count towards the 5 years qualifying period. Please confirm.

Thanks in advance for your cooperation and i look forward to hear by everyone who has any knowledge .

[vinny]

As Obie previously advised, your work colleague was mistaken.

Your wife should switch to FLR(M) as soon as possible, unless she qualifies for SET(LR) and doesn't travel before her leave expires.

[asifaslam421]

Thanks for your reply.Does my wife need Life in UK and English requirement test passed in order to apply for FLR (M) ? Is there any time deadline for a person to switch visa category once main sponsor immigration status changed.
Furthermore do we need to include my son as dependent on FLR (M) and pay additional fee or it should be just for my wife as main applicant ? please confirm.

[fwd079]

Thanks for your reply.

Seniors can tel you better, here's my take on it.

Does my wife need Life in UK and English requirement test passed in order to apply for FLR (M) ?

The FLR (M) guidance link tells this:

e) You must meet the English language requirement

A person under 65 who is applying for leave to remain as a spouse, civil partner, fiance(e) or
proposed civil partner, unmarried partner or same sex partner of a British citizen or person settled
in the United Kingdom needs to show that they can speak and understand English. You can do
this if:
• You are a national of a specified English speaking country.
• You have passed an English language test in speaking and listening at level A1 of the Common
European Framework of Reference or above, with a Home Office approved provider.
• You have an academic qualification recognised by UK NARIC as equivalent to the standard of
a Bachelor’s or Master’s degree or PhD in the UK. This must have been taught in English.
• You are exempt from this requirement if you are over 65, have a physical or mental condition
which prevents you from meeting this requirement or there are exceptional circumstances
which would prevent you from meeting it

So I'd check for English language requirements but I'd be on safe side and check of Knowledge of Life in UK test and have it taken if easy.

Is there any time deadline for a person to switch visa category once main sponsor immigration status changed.

As vinny told it should be ASAP, so I'd go with seniors on it.

Furthermore do we need to include my son as dependent on FLR (M) and pay additional fee or it should be just for my wife as main applicant ? please confirm.

Here's my take on it, your son is now eligible to apply for British Citizenship, two scenario come to mind.
1. If your son was born in UK and you now hold ILR status, you can apply for his British Citizenship on MN1 form now. Only one person on ILR makes it on discretion of case worker.
2. Wait till your wife gets ILR and then you can apply for son's British Citizenship.

Personally I bit the bullet and went for my wife's ILR first, then applied Citizenship for my 3 years old daughter (born outside UK) along with my own Citizenship application. We both got approval same day.

But this is my take and I'd await senior's response to your latest queries. Good luck