ILR for a wife

[ssss]

Hi I hope if you can advise me
My husband will apply for 10 ILR,
We have two daughters 4 and 7 who have lived born in UK. Also I have lived in UK for 8.5 years with my husband.
What are our options?
Can I get ILR with him.
Do my children entitled for a british passport when he get the he get the ILR


Thanks alot.



Saraa

[ppron747]

I hope someone else will give the answer about your own status, but in the meantime, I can say that your children will be eligible to be registered as British citizens as soon as your husband's ILR application is approved.

See Guide and Form MN1, which can be downloaded from this page on the IND website. The children will qualify under section A of the guide.

[Biggie]

Hi Ssss,

Unfortunately you will not be able to apply for ILR with your husband under the 10 year rule, what can take place is your husband can apply for himself on this rule and you and the kids will be on form FLR (M), which which will give you a 2 year spouse visa. So 2 applications done simultaneously.

I do believe Ppron747 is correct that the kids can be eligible to register as British citizens once their father gets ILR.

I hope this helps, if l'm wrong i'm happy to be corrected.

Biggie.

[JAJ]

Hi Ssss,

Unfortunately you will not be able to apply for ILR with your husband under the 10 year rule, what can take place is your husband can apply for himself on this rule and you and the kids will be on form FLR (M), which which will give you a 2 year spouse visa.

But once the wife reaches the 10 year rule in her own right, she may be able to make an application on this basis (if it's quicker than waiting for ILR as a spouse).

And if husband has become naturalised British in the meantime, then the wife can immediately apply for naturalisation herself once she has ILR (if she meets the 3 year residence requirement).

I do believe Ppron747 is correct that the kids can be eligible to register as British citizens once their father gets ILR.

He is correct.

[ssss]

Thanks for replying.
I will wait until I have completed 10 then I will get ILR and British nationality.
However, my friends had a similar situation (15 months ago) and they had ILR for both but they couldn't get the British nationality for daughter, they have been asked to wait 12 months.
Did the rule change?

Thanks everybody for your help

Saraa

[ppron747]

Thanks for replying.
I will wait until I have completed 10 then I will get ILR and British nationality.
However, my friends had a similar situation (15 months ago) and they had ILR for both but they couldn't get the British nationality for daughter, they have been asked to wait 12 months.
Did the rule change?

Section 1(3) of the British Nationality Act 1981 has provided for a child born in the United Kingdom after 1 January 1983 who is not a British citizen to be entitled to be registered as a British citizen if, while he is a minor, his father or mother becomes a British citizen or becomes "settled" in the United Kingdom; and they make an application. So no - the rule hasn't changed.

[John]

I will wait until I have completed 10 then I will get ILR and British nationality.
However, my friends had a similar situation (15 months ago) and they had ILR for both but they couldn't get the British nationality for daughter, they have been asked to wait 12 months.
Did the rule change?

The rule did not change but I suspect has been misunderstood.

After you get your ILR you will need to wait for one year before applying for your Naturalisation. However, as soon as you have your ILR your "born in the UK" children can be Registered as British. Putting those two pieces of information together ... yes your children can be British before either you or your wife.

The sequence appears to be :-

• you apply for and get your ILR
• you apply for your "born in the UK" children to be Registered as British
• when you have had your ILR for one year you apply for Naturalisation as British
• when your wife has been in the UK for 10 years she makes her own 10-year application for ILR
• immediately your wife has her ILR, assuming you are then Naturalised as British, your wife will be able to apply for Naturalisation as British. She will not need to wait for a year because by then she will be married to a British Citizen ... you!

In order to apply for Naturalisation both you and your wife need to take and pass the Citizenship Test. Even though your Naturalisation application will be at different times, there is nothing to stop the two of you studying for and hopefully passing the Citizenship Test as the same time. A pass certificate does not have an expiry date!

[ssss]

Very usefull information,Now I know exactly what to do.
Thank you very much for giving the advise.


All the best


Saraa