Any help Please !

[nanda]

Hello Everyone

My wife first came here in Jan 2007, we had a baby then she went back home for 2 months with my daughter in Sep 2008. In June 2011 she went again (had 6 months visa left which expired in Jan 2012) for 3 months but had to stay there for some family reasons almost 2 years. After finished my MBA i applied for psw which was granted in Aug 2012 and flew back to apply visa for my family and got their new entry clearance psw dependant visa in march 2013 and they came back in April 2013.
Here my query is

1. I'm going to apply for my ILR under 10 year rule in Feb 2014 and my wife current visa going to expire in Aug 2014 so should I apply for myself first and wait for my decision or should i apply for my wife along with me ?

2. If I apply for myself first and my decision doesnt come out before my wife's visa expire then i need to use form flr(m) to apply for her visa ?

3. Is my daughter eligible for naturalisation as she born here or that 2 year stay in back home broke her eligibilty ?


Would appreciate any advice or info.

[Baleegh]

1. I'm going to apply for my ILR under 10 year rule in Feb 2014 and my wife current visa going to expire in Aug 2014 so should I apply for myself first and wait for my decision or should i apply for my wife along with me ?

-- if you have no reason to believe that your application will be refused or case is not complicated then include her in your application and vice versa.

2. If I apply for myself first and my decision doesnt come out before my wife's visa expire then i need to use form flr(m) to apply for her visa ?

-- thats correct.

3. Is my daughter eligible for naturalisation as she born here or that 2 year stay in back home broke her eligibility ?

-- As long as a child is born in UK, he/she eligible for naturalisation once one of the parents gets ILR.

[SKJMR]

answers to your questions:

1. under 10 year rule, there is no chance that you both can apply, the main applicant can only apply under 10 year rule for ILR and also you cant apply for it directly at PEO, you can only apply via postal application and it will take nearly 6 month for decision from UKBA.

2. I Don't know the answer for the second question, please ask somebody else

3. it doesnot matter if your child has been outside the UK, since see is born in UK, wait for your decision to be made and once you get your ILR/PR, just apply for naturalisation under section "children born in UK"....that's fine but only trouble is she cant travel to india till you get your ILR/passport and then get her naturalisation done which will take upto 6 weeks -8 weeks and then apply for british passport which takes 2-4 weeks and then apply for PIO card which will take 2 weeks....until then be prepared to stay here in UK....

I know a person in same boat and he got it all done very easily.....so I hope all goes well for you...

good luck

[nanda]

Thank You so much for the reply I appreciate it