Doubts regarding ILR , Please help

[uvsoft]

Hi all,

My hubby is on WP going to complete 5 years by first week of april 2010.He is very well qualified for ILR.We both got married 3 years back and now I am planning to go to india for my delivery and will come by april.So please advice me for the following questions.

1) Am i eligible to apply for ILR along with my hubby, by that time I completed almost 4 years in spouse visa
2) Should i enter to country for ILR, I am havin my spouse visa valid till end of june or can I apply ILE with my baby India
3)Will they consider my long stay for ILR/ILE
Please suggest me how can I proceed?

Regards
Ananya

[tech]

Couple of points which may be relevant for your situation.

If baby is born in UK after you get your ILR, baby is british citizen by birth.
If baby is born in UK before you/your husband get your ILR, baby is entitled to british citizenship by registration.

If baby is born outside UK, one of you should become british citizen before baby can apply for citizenship.

Coming back to your question, Old workpermit doesn't require dependents complete any qualifying period before they can apply for ILR. so you can apply ILE outside UK if your husband gets ILR while you are outside UK.
The second option your husband can wait for you and baby to come back UK and you can apply for ILR as family.

In a nutshell, if you deliver baby in UK, baby gets additional benefit.but if you don't have family support it doesn't really matter.

Hope this helps

[uvsoft]

Hi Tech,

Thankyou very much for your reply , Yes I know my baby will get some additional benefits if I deliver here in UK, But due to some personal reasons I need to go back to india for delivery.

I think second option is much better so that we can apply ILR as family.Am just keeping my fingers crossed for not to have change in rules by next year for IL applications.

[patni]

Sorry to butt in, but could you please expand on this:

If baby is born in UK before you/your husband get your ILR, baby is entitled to british citizenship by registration

.

So if the parents get ILR, the baby can immediately apply for British citizenship (assuming he was born before the ILR happened), or is it the MN1 procedure where the child has to wait for 10 years before it can?

[amberstone]

hi...i've got doubts as well with applying for ILR....i'm supposed to be 5 years already this month but haven't got the strength to submit my ILR application...
here's my case...point of entry in the UK September 2004 with a work permit 2 years validity by employer A...but that employer had problems and they couldn't hire me...the agency then transferred me to another employer (B) who took hold of me from my point of entry until now...the problem is it took 6 months to process the work permit for my current employer (B)...thus i had the right work permit for employer B in Feb 2005.
Am I eligible to apply for ILR knowing that I have completed the 5 years qualifying period ( Sep 2004 to Sept 2009) or have to wait for another 6 months (Feb 2010)?
The thing is I couldn't wait for another 6 months especially now, there has been a lot of changes with the immigration regulations.

Anybody kindly please advise.

Thanks.