ILR Long residence and dependents

[Expatlassie]

Hi there,

I hope someone can help us -we're confused. I've been in the UK continuously for 10 years (without breaks in visas etc) and qualify for ILR (LR). My husband, however, is currently a dependent on my Tier 4 Doctorate extension scheme visa. We also have a son who was born in the UK in September 2016 and currently do not hold any citizenship from any country.

I'm hoping to use the same day service for my ILR application in January 2017 - do we need to apply for my husband on the same day for a spousal visa? Our current visas are valid until May 2017. I am also hoping to apply for British citizenship for my son after I have successfully been given ILR (all fingers crossed) - is this possible and/or the right way to do it as he doesn't have any citizenship anywhere and isn't a dependent on my visa?

Thank you for any advice with this! Do not want to pay the thousands of ££s just to have the details wrong.

[noajthan]

Son is presumably already a citizen of your country.

For son: Register by a section 1(3) application as soon as one parent (eg you) is settled;
form MN1.

[ohara]

What are your and your husband's nationalities? What makes you think the child has no nationality? As said above, it's extremely unlikely the child has been born stateless. He has most likely inherited the nationality of both parents.

The child is entitled to register as a British citizen immediately once at least one parent has ILR. See Form MN1 and you will be applying under section 1(3). The child does not require a visa unless he leaves the country and wishes to return (so not a problem if child stays in the UK until gaining British citizenship).

If you are granted ILR under the 10 year long residence route, your husband will no longer be able to continue on a Tier 4 dependent visa and will need to switch to FLR(M), which will reset his clock to zero and put him on a new 5 year route to ILR.