I get ILR status - options for my wife and son?

[RDeen25]

Hello All,

Thanks in advance for your responses.

I'm eligible for ILR now and will be lodging my application this month. My wife and son (born in UK) are both currently dependent on my Tier 2 visa which expires in September 2017. I've read through the UK Immigration website but confused with the different options...

My question: what are the visa options for my wife and son now??
- Is there a dependent on ILR option for my wife (she arrived here in 2013) and when should I apply for this?
- when is the best time to apply for my son's citizenship, given he was born in the UK?

Thanks.
Deen

[CR001]

On what basis are you applying for ILR, PBS 5 years residence or 10 years long residence?

UK born child does not need ILR if you intend to register him as British once you have ILR.

[RDeen25]

On what basis are you applying for ILR, PBS 5 years residence or 10 years long residence?

I'm applying on the Tier 2 PBS 5 year tenure.

[CR001]

- Is there a dependent on ILR option for my wife (she arrived here in 2013) and when should I apply for this?

She can continue to extend her PBS Dependent visa until she qualifies for ILR. If you switch to FLR(M) - (Dependent on ILR as you say), it will reset her clock for ILR to zero and she will need a new 5 year residence period (2 X 2.5 year visas) before she qualifies for ILR.

- when is the best time to apply for my son's citizenship, given he was born in the UK?

Once you have ILR and have your BRP card. There is no 'best time'.

[RDeen25]

Okay, thanks for that!

So I can continue to extend my wife's PBS dependent visa even though I have now moved on to the ILR? They won't force me to move her on the FLR right?

I will prepare my son's documentation then - I don't want Theresa May messing with any rules next April!!

Also, slightly off topic - upon my wife reaching the 5 year tenure for ILR, will she have to show evidence of a salary in order to qualify?

Thanks.

[CR001]

Okay, thanks for that!

So I can continue to extend my wife's PBS dependent visa even though I have now moved on to the ILR? Yes They won't force me to move her on the FLR right? No

I will prepare my son's documentation then - I don't want Theresa May messing with any rules next April!! Citizenship laws do not really change, it is a big thing to change them, unlike immigration rules which are easier to amend/change. A UK born child has an entitlement to register, i.e. cannot be refused.

Also, slightly off topic - upon my wife reaching the 5 year tenure for ILR, will she have to show evidence of a salary in order to qualify? No, I don't believe so as she is a dependent.

Thanks.

[RDeen25]

Thanks Char! You've been really helpful

Have a good one!

[ohara]

I will prepare my son's documentation then - I don't want Theresa May messing with any rules next April!!

Even when changes are made, they rarely have retrospective effect. If you look at the wording in of the British Nationality Act 1981 it almost always says "A person born in the United Kingdom after commencement" therefore the legislation will not affect people born before.

Such things are evident with UKM and UKF, where significant changes were made between the 1948 and 1981 acts, but instead of retrospectively changes people's status, they simply added a provision which would allow people to apply instead.