ILR - 5 year residency rule for my son

[cks333]

Hope someone can clarify me.

I got HSMP Visa stamped on 23rd May 2007 and i entered UK on 25th May 2007. I got my HSMP extended in May 2009 and is now valid until 23rd May 2012 as Tier-1 general. I understand that I have to apply for ILR after 23rd April 2012. My wife has her own Tier-1 until 31st December 2011 and she is not a dependent on me.

Our son was born in UK in Jan 2009 and so i got him as a dependent on me when i extended my HSMP in May 2009 and his visa is valid until 23rd May 2012. In April 2010, my wife got a very good contract job in far east and so she is working there. My son has been living with my wife since April 2011. But i plan to bring him to UK in December 2011 and he will be with me.

As my wife left uk in the mid of her tier-1, she is no longer eligible to extend her tier-1 visa. So, her visa will expire on 31st December 2011 and she can enter as a dependent on me later.


My questions now are

1. As my son is a dependent on me, Can i put his name in my ILR form ?

2. Does the 180 days rule apply to him also ?

3. Does the 5 year residency rule apply to him also?

4. If I cant apply for ILR for my son, What are the other options available ?

5. Can I apply for his citizenship if i get ILR after may 2012 (ofcourse my wife will not be having ILR) ?

Many thanks for your time and valuable comments.

[Lucapooka]

You can add your son to your application, or you can save the additional cost of this and simply use that money to register him as a British Citizen after you are granted. You will be eligible for BC yourself 12 months after you are received your ILR.

[cks333]

Thanks Lucapooka.

What i can interpret from your answer is.

1. The 180 days rule or 5 year residency rule does not apply to my son who is 2.5 years old now for ILR ? Am i right ?

2. Can I register for my son's citizenship even if my wife is not having ILR after may 2012 ? i.e I will be having ILR after may 2012 but not my wife.

Please clarify.

Thanks again for your time and valuable comments.

[geriatrix]

UK born child do not require ILR - please confirm?

[cks333]

Thanks Mehta for your link which was handy.

Most of the cases have ILR for both husband and wife. In my case, itz gonna be me alone with ILR. So, can i say that one can apply for BC for their child if either father or mother have ILR ?

I also checked here (http://www.legislation.gov.uk/ukpga/1981/61/section/1) and looks like satisfying section 3.

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I am also thinking of delaying the citizenship process for my son. In this case, can i apply for ILR along with me in May 2012 (he does not satisfy the 180 day rule as he is often in and out of UK) and apply for citizenship after a couple of years. Is this OK ?

Thanks for your valuable time and comments. Much Appreciated.

[mk357]

Thanks Mehta for your link which was handy.

Most of the cases have ILR for both husband and wife. In my case, itz gonna be me alone with ILR. So, can i say that one can apply for BC for their child if either father or mother have ILR ?

I also checked here (http://www.legislation.gov.uk/ukpga/1981/61/section/1) and looks like satisfying section 3.

---

I am also thinking of delaying the citizenship process for my son. In this case, can i apply for ILR along with me in May 2012 (he does not satisfy the 180 day rule as he is often in and out of UK) and apply for citizenship after a couple of years. Is this OK ?

Thanks for your valuable time and comments. Much Appreciated.

That should be fine.