Query about wife ILR

[ferryahmed82]

Hi friends

I have a query about my wife's eligibilty for ILR.

I got Tier-1(General Migrant) visa on May 2009 (extended in 2012 till 28 June 2014), and my wife got her Tier 1 dependent visa on November 2009 and she came to UK on December 2009.

Since then we are living together with a baby born in 2011 in UK. In 2012 her visa also got extended till 28th June 2014 (same dates as me). My question is, can she apply for ILR with me as my dependent in May 2014 (when I'll complete my 5 years), or she has to wait until November 2014, as her dependent visa was stamped in November, and she'll complete her 5 years in November 2014?

Can we apply for ILR together or she has get another extension from June 2014 to Nov 2014?

Also, I am thinking of applying for ILR just for me and my wife, not for my son (2 years old, born here in UK), and thinking of applying for his passport straightaway when we'll get our ILR. Can I do that?

Any comments please?

[Amber]

Hi friends

I have a query about my wife's eligibilty for ILR.

I got Tier-1(General Migrant) visa on May 2009 (extended in 2012 till 28 June 2014), and my wife got her Tier 1 dependent visa on November 2009 and she came to UK on December 2009.

Since then we are living together with a baby born in 2011 in UK. In 2012 her visa also got extended till 28th June 2014 (same dates as me). My question is, can she apply for ILR with me as my dependent in May 2014 (when I'll complete my 5 years), or she has to wait until November 2014, as her dependent visa was stamped in November, and she'll complete her 5 years in November 2014?

Can we apply for ILR together or she has get another extension from June 2014 to Nov 2014?

Also, I am thinking of applying for ILR just for me and my wife, not for my son (2 years old, born here in UK), and thinking of applying for his passport straightaway when we'll get our ILR. Can I do that?

Any comments please?

As she was a PBS dep prior to July 2012 she only has to complete two years not 5. Therefore, if she satisfies the other requirements she can apply for settlement with you.

When you have been granted ILR/Settlement you are entitled to register your Son as a British Citizen (form MN1) by virtue of section 1(3) of the British Nationality Act. After this is granted you can apply for the British Passport.

[ferryahmed82]

Hi friends

I have a query about my wife's eligibilty for ILR.

I got Tier-1(General Migrant) visa on May 2009 (extended in 2012 till 28 June 2014), and my wife got her Tier 1 dependent visa on November 2009 and she came to UK on December 2009.

Since then we are living together with a baby born in 2011 in UK. In 2012 her visa also got extended till 28th June 2014 (same dates as me). My question is, can she apply for ILR with me as my dependent in May 2014 (when I'll complete my 5 years), or she has to wait until November 2014, as her dependent visa was stamped in November, and she'll complete her 5 years in November 2014?

Can we apply for ILR together or she has get another extension from June 2014 to Nov 2014?

Also, I am thinking of applying for ILR just for me and my wife, not for my son (2 years old, born here in UK), and thinking of applying for his passport straightaway when we'll get our ILR. Can I do that?

Any comments please?

As she was a PBS dep prior to July 2012 she only has to complete two years not 5. Therefore, if she satisfies the other requirements she can apply for settlement with you.

When you have been granted ILR/Settlement you are entitled to register your Son as a British Citizen (form MN1) by virtue of section 1(3) of the British Nationality Act. After this is granted you can apply for the British Passport.

Thanks for the reply Amber

could you also tell me one thing, that my son's current visa is also expiring on 28th June 2014. So, if I don't get my ILR sorted before 28th June (which I know definitely won't), so will that make my son an overstayer or illegal?

[Amber]

Hi friends

I have a query about my wife's eligibilty for ILR.

I got Tier-1(General Migrant) visa on May 2009 (extended in 2012 till 28 June 2014), and my wife got her Tier 1 dependent visa on November 2009 and she came to UK on December 2009.

Since then we are living together with a baby born in 2011 in UK. In 2012 her visa also got extended till 28th June 2014 (same dates as me). My question is, can she apply for ILR with me as my dependent in May 2014 (when I'll complete my 5 years), or she has to wait until November 2014, as her dependent visa was stamped in November, and she'll complete her 5 years in November 2014?

Can we apply for ILR together or she has get another extension from June 2014 to Nov 2014?

Also, I am thinking of applying for ILR just for me and my wife, not for my son (2 years old, born here in UK), and thinking of applying for his passport straightaway when we'll get our ILR. Can I do that?

Any comments please?

As she was a PBS dep prior to July 2012 she only has to complete two years not 5. Therefore, if she satisfies the other requirements she can apply for settlement with you.

When you have been granted ILR/Settlement you are entitled to register your Son as a British Citizen (form MN1) by virtue of section 1(3) of the British Nationality Act. After this is granted you can apply for the British Passport.

Thanks for the reply Amber

could you also tell me one thing, that my son's current visa is also expiring on 28th June 2014. So, if I don't get my ILR sorted before 28th June (which I know definitely won't), so will that make my son an overstayer or illegal?

No, it doesn't matter about your son's immigration status for his registration.

[dubeyv]

I just want some one senior to clarify this .. I understand that if you are in the country in legal status and your child is born you can apply for his registration as BC once parents are settled but not sure this to be true under these circumstances.

(1) If the child ever got a dependant visa and parents are still not settled..

(2) Child has gone out of the country using this dependant visa and has returned back to UK.

So my questions is if you have ever taken a dependant visa of your parents (for children under 18), how come you are not overstayer when you dont apply for the visa extension or ILR when your parents are applying. Which section it says that you are not overstayer or says you are eligible to apply for BC..

Though I agree that if you never made any passport of that child or the child never travels outside UK he is elligible for MN1 form BC registration as HO never thought that through.. .
Any comments ?

[ferryahmed82]

seniors....any comments on what dubeyv has said?

[vinny]

Amber is correct.

[vinny]

Which section ... says you are eligible to apply for BC..

When you have been granted ILR/Settlement you are entitled to register your Son as a British Citizen (form MN1) by virtue of section 1(3) of the British Nationality Act.

[ferryahmed82]

Thanks Vinny

[dubeyv]

Hi Vinny and other gurus

Would you like to comment on this please, this is confusing

https://www.whatdotheyknow.com/request/ ... requirment

[Amber]

Hi Vinny and other gurus

Would you like to comment on this please, this is confusing

https://www.whatdotheyknow.com/request/ ... requirment

It's irrelevant if the child is an over stayer, for the purpose of his/her entitlement to register as British. The article you linked is precautionary, in case the child is not registered and grows up as an illegal I suspect.