Indefinate leave to remain

[vishal123]

NEED HELP PLEASE.

I am on Tier 1 general and my ILR is due in 2016.I qualify for ilr under 10 years rule so I would like to do Ilr under long term 10 year rule rather than tier 1.my question is regarding my baby she is around month old and born in UK and wondering do I need to do FLRM FORM for her with my wife or can I get her registered as british citizen MN1 FORM.

please help me with advice

[CR001]

When did your wife arrive in the UK and what are her visa start and end dates?

If your wife switches to FLR(M), it will reset her clock for ILR to zero and she will have to wait another 5 years (2 X 2.5 year visas) for ILR. She will also have to pay the IHS Surcharge of £500 for the first 2.5 year visa on top of the visa fee.

You can skip your baby provided you don't have travel plans.

[vishal123]

THANK YOU FOR YOUR REPLY no I don't have any travel plans,


MY WIFE ARRIVED IN OCTOBER 2012 UNDER TIER 1 GENERAL dependent and she got one extension with me till April 2016. AND SHE HAS TO WAIT TILL 2017 OCTOBER UNDER TIER 1 GENERAL RULE(complete 5 years). Both parents need to be ILR BEFORE CHILD CAN REGISTER AS BRITISH. I THOUGHT IT WOULD BE BETTER FOR ME TO GET ILR ,APPLY FOR MY WIFE FLRM (I AM AWARE THAT IT WILL RESET TO ZERO AND START FROM BEGINNING) BUT UNDER LONG TERM RESIDENCE MY BABY WILL NBE GRANTED BRITISH CITIZENSHIP AFTER MY ILR.

AS YOU KNOW UK RULES ALWAYS CHANGING THATS WHY I want to apply under long term and now their is one day service available..

I just want to know how to apply for my baby can I register her as British citizen and fill MN1 FORM FOR HER.

[CR001]

Please don't post in capital letters, it is very difficult to read and is the same as shouting.

Once you are granted ILR, you can apply for your child on MN1 under section 1(3) of the nationality act which is an entitlement to register as British.

[vishal123]

sorry my apology thank you very much for your reply.

[vishal123]

In mn1 application form under section1 subsection 1.3 their is question"Child has indefinite leave to enter/remain in the UK Date granted" what should I fill in this section.my baby just born in may 2015 and my tier 1 general visa is valid till 2016 April.

My question is that when I get my ILR granted that's the date I will fill in it. am I correct.my 10 years get completed in 2016 February and lets say I get my ilr in same day in February . will I put the same date in section 1.3 of mn1 form.

thank you.

[CR001]

You leave it blank because a UK born child is entitled to register, they don't need ILR. The form is one form for different routes of citizenship, so ignore the questions that are not relevant to you. The MN1 Guide is very helpful too with completing the form.

[vishal123]

bro one more thing I want to travel back home just me not my wife and baby. I have seen that I can apply for ilr long term residence 28 days before my visa expires but some one told me that I should wait until full 10 years is completed.

what can I do ? will their be any problem if I apply 28 days before my visa expires.

[CR001]

I am not a 'bro' I am a lady

You can apply anytime within 28 days and no sooner than 28 days, before you reach the 10 years long residence mark, which is calculated from the date you ENTERED the UK. You can also apply in person now at the premium service centres.

Also, you need to make sure that you are within the absence limits for Set(LR).

[vishal123]

thank you very much madam

[vishal123]

thank you char for your help more valuable advice from you than lawyer who charge and are not aware about changes in immigration rule .

[vishal123]

when they say both parents need to be ilr(ter1 general) before child can get ilr or citizenship are they talking about child born in uk or outside.as my ilr is due in arpil 2016 and my wife is due In septmber 2017.but my baby born this year in uk may 2015 she has just got her birth certificate but no visa or passport.

will my child get citizenship after my ilr or have t wait till my wife get ilr in 2017.

please advice

[vinny]

If child was born in the UK, then a parent's ILR is sufficient.
If child was born outside the UK, then more is expected.

[vishal123]

thank you vinny I have got a question please

I am on tier 1 general and my extension is in april 2016 and my wife extension is in 2017 September I have baby just born my wife wants to travel to india in December 2015.so as far little knowledge I have , I need to get visa for my baby as he is just born.

my question is
if I apply for my tier 1 ilr and my family is back home in that condition what will happen.

can I apply for my wife extension from india and get my baby register as british from india as well or my baby has to come to uk with another visa with my wife and then get british citizenship.

please help.

[vinny]

Dependants cannot apply for extensions from outside the UK.

If you are granted ILR under Long residence, then I think your wife should apply for a new entry clearance as a partner of a settled person. Her qualifying period for SET(M) may be reset. Else, she may still return on her existing leave, if it has not expired.

Baby is entitled to register from India after they grant your ILR.

If non-British baby applies for a visa in-line with your wife, then your wife may also be subject to an extra financial burden due to the baby. If non-British baby is granted ILE due to your ILR and baby's birth in the UK, then there shouldn't be an extra financial burden for your wife.

If you don't apply for ILR, then baby may apply for a PBS dependant visa, in-line with you and your wife's. Or baby may apply under the rules for people born in the UK. The latter may be more difficult as they like to ignore these rules if there are other applicable ones.

[secret.simon]

Baby is entitled to register from India after they grant your ILR.

Be aware that if your baby becomes a British citizen in India, it can take upto six months for the baby to be issued with either a British passport or a Right of Abode certificate, so that it can return to the UK. There are timelines in the British Citizenship forum that you may want to keep an eye on.

I would recommend completing all the processes in the UK before your wife goes to India, else it will lead to unnecessary complications.

[vishal123]

dear vinny and secret.simon thank you very much for your advice.I am so greatful to you guys for making my situation clear. I cant tell you for only this much information lawyers were asking £150.

Appreciate both of you. great help. I will follow your good advice.

Thank you very very much