Apply to remain in the UK with family

[blinkbox555]

Hi all,

I have a few questions whizzing in my mind which requires answers. What it is, I shall be eligible to apply for my ILR (on the basis of 10 years) by the end of this year. As my visa and my wives visa (Tier 2 dependant) by the end of this year I am compelled to apply for for my ILR using the premium service so that I could get my ILR in hand prior to processing my wives visa application.

Question1:
On looking at the UK visa website, it indicates that although if I was a settled person prior to my visa application - my wife will still need to apply for a Tier 2 (dependant) rather than make a FLR(M) application. Is this correct ????

Question2:
If I do not need to go through Tier 2 (dependant) visa for my wife, how much NHS surcharge that she needs to pay? And when will she be eligible enough to apply for her ILR?

Question3:
The next question is that at the same time I am trying to apply for sons naturalisation using MN1. He was born in the UK (8 months) last year when I was on a Tier 2 (General) visa. I am looking forward to proceed with his application upon receiving my ILR status through the National Citizenship Service. I know for a for a fact if one of the parent had a 'settled' status in the UK - then my son will have no problems in attaining citizenship using MN1 form. I have not yet registered with my home countries embassy; would I need to go through this first before I putforth my MN1 application?

Your help on this matter is highly appreciated!

[CR001]

Question1:
On looking at the UK visa website, it indicates that although if I was a settled person prior to my visa application - my wife will still need to apply for a Tier 2 (dependant) rather than make a FLR(M) application. Is this correct ????
If you apply for ILR based on long residence, your wife will have to switch to FLR(M) and complete a new 5 year period in this category before qualifying for ILR. The rules changed in April 2014 for PBS dep where main applicant applies for ILR based on long residence. See this link and the last post on the changes : http://www.immigrationboards.com/immigr ... 43881.html
How long would you have to wait for ILR based on your Tier 2 and how long has your wife been in the UK as PBS Dep?

Question2:
If I do not need to go through Tier 2 (dependant) visa for my wife, how much NHS surcharge that she needs to pay? And when will she be eligible enough to apply for her ILR? For either, FLR(M) or PBS Dep, she will have to pay the NHS surcharge. For FLR(M) it will be £500 for the initial visa for 2.5 years. The surcharge for PBS Dep will depend on how long she has been in the UK and what the extension length will be but it is £200 per year.

Question3:
The next question is that at the same time I am trying to apply for sons naturalisation using MN1. He was born in the UK (8 months) last year when I was on a Tier 2 (General) visa. I am looking forward to proceed with his application upon receiving my ILR status through the National Citizenship Service. I know for a for a fact if one of the parent had a 'settled' status in the UK - then my son will have no problems in attaining citizenship using MN1 form. I have not yet registered with my home countries embassy; would I need to go through this first before I putforth my MN1 application? No, you can apply directly on MN1 as it is an application based on entitlement as born in the UK. You only need the birth certificate and proof of your status.

[blinkbox555]

Question1:
On looking at the UK visa website, it indicates that although if I was a settled person prior to my visa application - my wife will still need to apply for a Tier 2 (dependant) rather than make a FLR(M) application. Is this correct ????
If you apply for ILR based on long residence, your wife will have to switch to FLR(M) and complete a new 5 year period in this category before qualifying for ILR. The rules changed in April 2014 for PBS dep where main applicant applies for ILR based on long residence. See this link and the last post on the changes : http://www.immigrationboards.com/immigr ... 43881.html
How long would you have to wait for ILR based on your Tier 2 and how long has your wife been in the UK as PBS Dep?

Question2:
If I do not need to go through Tier 2 (dependant) visa for my wife, how much NHS surcharge that she needs to pay? And when will she be eligible enough to apply for her ILR? For either, FLR(M) or PBS Dep, she will have to pay the NHS surcharge. For FLR(M) it will be £500 for the initial visa for 2.5 years. The surcharge for PBS Dep will depend on how long she has been in the UK and what the extension length will be but it is £200 per year.

Question3:
The next question is that at the same time I am trying to apply for sons naturalisation using MN1. He was born in the UK (8 months) last year when I was on a Tier 2 (General) visa. I am looking forward to proceed with his application upon receiving my ILR status through the National Citizenship Service. I know for a for a fact if one of the parent had a 'settled' status in the UK - then my son will have no problems in attaining citizenship using MN1 form. I have not yet registered with my home countries embassy; would I need to go through this first before I putforth my MN1 application? No, you can apply directly on MN1 as it is an application based on entitlement as born in the UK. You only need the birth certificate and proof of your status.

Thank you very much for getting back to me CR001 and for your clear-cut explanations. With regards to my Question1, yes I have to wait till December 2015 as I arrived to the UK on the 01st of January 2006, before I apply for my Long Residence ILR application. My wife came into the UK during August 2013 as a Tier 2 (PBS Dependant). For arguments sake, lets say I am going through via the postal application method and the Home Office have taken considerate amount of time to approve my ILR status; (Rationally speaking my wives visa expires right at the end of this year), would I still be eligible enough to apply for my wives visa under FLR(M) and link both applications via writing an appropriate cover letter?

Thank you once again CR001.

[CR001]

You can apply for ILR based on long residency in person now for a same day decision. If you do that before your wife's FLR(M) visa expires, then apply for her postal after your ILR is approved.

[blinkbox555]

You can apply for ILR based on long residency in person now for a same day decision. If you do that before your wife's FLR(M) (A SLIGHT CORRECTION did you try to mean Tier 2 (PBS dependant) ???) visa expires, then apply for her postal after your ILR is approved.

Thanks

[CR001]

If you apply for ILR based on long residency, your spouse will have to switch to FLR(M) and the time spent on PBS Dependent will be lost (except if your spouse reaches 10 years residence).

She will not have to switch if you apply for ILR based on Tier 2 with 5 years residency, in this instance, she could continue on PBS Dependent until she reaches 5 years criteria for ILR.

Please do click and read the link I have already provided, particularly the last post entry regarding the changes in April 2014.

http://www.immigrationboards.com/immigr ... 43881.html

[blinkbox555]

If you apply for ILR based on long residency, your spouse will have to switch to FLR(M) and the time spent on PBS Dependent will be lost (except if your spouse reaches 10 years residence).

She will not have to switch if you apply for ILR based on Tier 2 with 5 years residency, in this instance, she could continue on PBS Dependent until she reaches 5 years criteria for ILR.

Please do click and read the link I have already provided, particularly the last post entry regarding the changes in April 2014.

http://www.immigrationboards.com/immigr ... 43881.html

Thank you very much for your help... I shall stop troubling you now...

I shall look for the rest of the forums to go though with 3 applications that i would be making in the month of December... I hope it does not become a mammoth task....

Thanks once again for your help CR001 - If I dont find any answers on looking at the topics in the forum, would I be able to post everything under this topic?

[CR001]

Yes, you can continue asking for advice if you have any further queries in this topic, that way anyone else who responds can see the history easily.