Does Tier 2 dependent needs to change visa status?

[ykhan01]

Hi,

I am currently on Tier 2 General Visa and I will be eligible to apply for ILR in August 2016 on long residency basis (10 yrs route). My wife who came to UK in May last year, have a tier 2 dependant visa which is valid until November 2018.

1. Is it really necessary to change my wife's visa status at the point when I apply for ILR or will it be okay if she stays on tier 2 dependant visa and can travel on it until it expires? If it is necessary to change the visa status, which visa can I apply for her?

2. I have been blessed with a baby girl last month, just to confirm, do I need to apply for her visa or will it be okay if I can simply apply for her British Citizenship (MN1) after I get my ILR (assume no travelling arrangements)? The baby is born in UK.

I would really appreciate your help.

Thanks.

[geriatrix]

1. Yes, necessary if she wishes to apply fr settlement in the future.
2. After you are granted ILR, apply for registration of the child as a British citizen.

[ykhan01]

@geriatrix, Thank you very much for such a quick response.

The article is very helpful, Just a little tweak, My wife has an urgent travel plan in September and cannot wait for her FLR(M) and she will be returning back in December. The question now is that is it okay for her to travel on tier 2 dependant for a time being and upon her return we can then apply for FLR(M)?

My main concern is that upon her return my visa status would be changed to ILR and the last thing I would want is that the Boarder Force denying her entry to the United Kingdom on the basis that She is no longer a dependant of a Tier 2 Migrant but a spouse of a settled person.

I hope this make sense. Your help will be greatly appreciated.

Thanks

[geriatrix]

the last thing I would want is that the Boarder Force denying her entry to the United Kingdom on the basis that She is no longer a dependant of a Tier 2 Migrant but a spouse of a settled person.

Possible! She may be denied entry under 321A(1).

[ykhan01]

Thank you so much for your help.