Tier 1 General / PBS Dependant Pregnant

[gagan.t786]

Hi All,

I have 'Indefinite Leave to Remain' granted in 2014.

My wife came to UK in December 2013 and is working full time for an employer since July 2014 and now she is pregnant.

My wife is dependant of Tier 1 General /PBS. She will be eligible to apply for ILR in 2018.

Please can somone help me with the following queries:

1. Is she eligible to calim Maternity Allowance or Maternity Statutory Pay without having any effect on when she will apply for extension of PBS or ILR?

2. Is she eligible to make use of Maternity Card on which she can get free NHS Prescriptions and free Dental Treatment for a year?

3. In our case, do we need to fill up MN1 form for our child to obtian British Nationality?

4. In our case, Does the father need to obtain British Nationatilty first in order for his child to get British Nationality or the child will be eligible to get British Nationality without doing anything?

5. Can we apply for Child Tax Credit and Working Tax Credit?

Many Thanks for looking into our queries and helping us out.

Much Appreciated.
GT

[sagareva]

Hi All,

I have 'Indefinite Leave to Remain' granted in 2014.

My wife came to UK in December 2013 and is working full time for an employer since July 2014 and now she is pregnant.

My wife is dependant of Tier 1 General /PBS. She will be eligible to apply for ILR in 2018.

Please can somone help me with the following queries:

1. Is she eligible to calim Maternity Allowance or Maternity Statutory Pay without having any effect on when she will apply for extension of PBS or ILR?

2. Is she eligible to make use of Maternity Card on which she can get free NHS Prescriptions and free Dental Treatment for a year?

3. In our case, do we need to fill up MN1 form for our child to obtian British Nationality?

4. In our case, Does the father need to obtain British Nationatilty first in order for his child to get British Nationality or the child will be eligible to get British Nationality without doing anything?

5. Can we apply for Child Tax Credit and Working Tax Credit?

Many Thanks for looking into our queries and helping us out.

Much Appreciated.
GT

1-- imho yes, not 100% sure
2 - yes
3- no, british by birth if born here
4 -- see 3, you child will be british by birth, no need for you to naturalise
5 -- yes (imho)

[theprideofpak]

Hi All,

I have 'Indefinite Leave to Remain' granted in 2014.

My wife came to UK in December 2013 and is working full time for an employer since July 2014 and now she is pregnant.

My wife is dependant of Tier 1 General /PBS. She will be eligible to apply for ILR in 2018.

Please can somone help me with the following queries:

1. Is she eligible to calim Maternity Allowance or Maternity Statutory Pay without having any effect on when she will apply for extension of PBS or ILR?

2. Is she eligible to make use of Maternity Card on which she can get free NHS Prescriptions and free Dental Treatment for a year?

3. In our case, do we need to fill up MN1 form for our child to obtian British Nationality?

4. In our case, Does the father need to obtain British Nationatilty first in order for his child to get British Nationality or the child will be eligible to get British Nationality without doing anything?

5. Can we apply for Child Tax Credit and Working Tax Credit?

Many Thanks for looking into our queries and helping us out.

Much Appreciated.
GT

Why isin't your wife on FLR(M) as you mentioned she is still a Tier 1 G dependent after you got your ILR?
Even though if she was on FLRM, she can't get maternity pay, its a state benefit and comes under no recourse to public funds, after she give birth to the baby, she is brithish, you only need to apply for her passport.
you can claim child benefit in your name as well as tax credits has to be in your name and you'll be main claimant and tax credits does include your wife too.

[secret.simon]

Why isin't your wife on FLR(M) as you mentioned she is still a Tier 1 G dependent after you got your ILR?

If she has valid leave as a Tier 1 G dependant, she does not need to switch to FLR(M). In fact, switching to FLR(M) will reset her clock and she will need to wait five more years to get ILR. So, it is best avoided if she already has valid leave.

As regards the child, the child will be automatically British only if born in the UK. If the child is born outside the UK, their visa status would be in-line with the mother's.

after she give birth to the baby, she is brithish, you only need to apply for her passport.

Not clear if theprideofpak is referring to the mother or the child. The mother does not get citizenship because her child was born in the UK. She will need to go through the usual procedures. As regards the child, see my comments above.

[theprideofpak]

Please double check this, that his wife still has to go on FLR(M) no matter what. Her T1G dependent status depended oh her husband status which have now changed, like myself, my wife had the same situation and she must have to switch to FLR(M) before she could apply for ILR and yes unfortunately she'll have to wait for another 5 years anyway because HO have reset the clock for everyone regardless when they were arrived in the UK. My wife didn't come in the new rules, but I still had to move her to FLR(M) from T1G dependent and as soon as she got FLR(M), I applied for her ILR, but unfortunately you can't avoid FLR(M).

I was referring to the baby, the baby will get her passport as the father got ILR.

[CR001]

Please double check this, that his wife still has to go on FLR(M) no matter what. Her T1G dependent status depended oh her husband status which have now changed, like myself, my wife had the same situation and she must have to switch to FLR(M) before she could apply for ILR and yes unfortunately she'll have to wait for another 5 years anyway because HO have reset the clock for everyone regardless when they were arrived in the UK. My wife didn't come in the new rules, but I still had to move her to FLR(M) from T1G dependent and as soon as she got FLR(M), I applied for her ILR, but unfortunately you can't avoid FLR(M).

I was referring to the baby, the baby will get her passport as the father got ILR.

Please don't confuse the rules. You applied for ILR based on 10 years long residence which is why your spouse had no option but to switch to FLR(M).

You are assuming that the OP applied based on long residence. He has not actually said as yet.

This rule is not applicable to Tier 1 or Tier 2 main applicants applying on 5 years residence basis and they PBS Dep can continue on PBS Dependent until they qualify for ILR.