ILR Eligibility for Spouse

[sangammishra1]

Hi All,

I am currently on Tier 2 General Visa and I complete my 5 years on 12 Mar 2017. I am planning to book a PEO appointment sometime between 12 Feb to 12 March (28 days before the 5 years is completed) to apply for my ILR.

I have two main questions:

1. About Spouse: My wife applied for PBS dependent in April 2012 from New Delhi and was initially refused. However, after I applied for review the decision was overturned and she was granted PBS Dependent Visa but it was after 9th July 2012. We have since then successfully extended our Leave in Nov 2014. Based on immigration rules can she apply for ILR based on living with me for 2 years as she 'applied before 9 July 2012'. Or she should apply after she has completed 5 years since 'the visa was granted after 9th July 2012'.

2. About Daughter: Having read several forums, I would out that as my daughter is born in the UK, I do not have to apply ILR for her. After my wife or I get ILR we can apply for naturalisation directly for her using MN1. Is this correct.

Thanks For Your Time

[CR001]

1. Yes, your wife will be under the old rules if appeal was successful and visa was granted.

2. UK born child DOES NOT need ILR. Chilren are registered as British, adults are naturalised.

[sangammishra1]

Thanks CR001. I thought I had interpreted the rules correctly. Just wanted to get a second opinion.

Much Appreciated.