ILR for wife and settlement of child

Hi All,

First of all, thank you so much for your help in my previous queries. They were really helpful for me.

I am now requesting some guidance and advice on the ILR queries and will be really grateful to get some insights please.

I am eligible to ILR (Long Residency) by end of March 2017 and my current VISA is until Nov’17.
My wife has dependent VISA until Nov’17 but she will become eligible for ILR (Long Residency) by mid-Oct’17.

We were just blessed with a baby boy recently (that’s why I couldn’t reply to my old post, apologies).
I am now planning to apply for the ILR through Long Residency which I can do in April’17. Due to the change in rules, my wife, who is dependent may have to apply for FLR(M) but as she is completing her 10 years during the current visa, I guess she can apply for ILR directly without going through the FLR(M).
I have been going through some posts to become clear about my situation and what helpful I can find is the below:

From the link: http://www.immigrationboards.com/immigr ... 43881.html

PBS dependant with enough current leave to become eligible for settlement under LR on own merit: Since a person's leave remains valid until it expires, or is curtailed or the person travels outside the UK subsequent to change in circumstances (PBS partner having gained ILR under non PBS route), the dependant may choose not to switch to FLR(M) and apply for SET(LR) directly as and when eligible. If taking this route, do not travel outside the UK until SET(LR) is submitted.

Following this statement, if my wife doesn’t travel outside of UK prior applying ILR, she can apply on Long Residency basis.

Could you please clarify my assumptions and queries so that I can work on correct assumptions and information rather than going in completely wrong direction myself.

Scenario 1:
1. Can I apply in late March or early April (same day service) for ILR and my wife can apply for her ILR in late Oct (28 days prior her 10 years complete) for both of us getting settlement?
2. Or if I apply by post which takes few months and then she apply same as above, will that be ok too?

Scenario 2:
1. If we travel outside of UK before Oct’17 and we both apply same time in Sept-17, will that be the best option for us?

And, once I get ILR, my son will be able to apply for British Citizenship, immediately after I get the ILR or will he wait for one year prior doing that?

Thanks for your support so far and guidance. Please advise me on these queries so that I can start working on these now as these things are very expensive and I don’t want to do more than I really have to so your advice and guidance are really very important for me.

Many Thanks

Scenario 1:
1. Can I apply in late March or early April (same day service) for ILR and my wife can apply for her ILR in late Oct (28 days prior her 10 years complete) for both of us getting settlement?
2. Or if I apply by post which takes few months and then she apply same as above, will that be ok too?

Either is fine as her application is independent of yours.

Scenario 2:
1. If we travel outside of UK before Oct’17 and we both apply same time in Sept-17, will that be the best option for us?

She should switch to FLR(M) BEFORE she travels if you have travel plans. This advice will not change.

And, once I get ILR, my son will be able to apply for British Citizenship, immediately after I get the ILR or will he wait for one year prior doing that?

Yes, once you have your ILR BRP card, you can register him as BC. Bear in mind that if you travel before he is BC, he will need a visa to re-enter the UK.

Thank you CR001.

So, please confirm if I am getting it right:

1. I can apply for ILR anytime after March'17
2. My wife can apply for ILR anytime after Sept'17 (given she is not travelling once I apply for ILR) and she doesn't need to go onto FLR(M). Her clock will not reset after I get the ILR because she has enough leave remained and not travelling outside of UK.
3. My son can get BC as soon as I get through my ILR BRP card.

Best Regards.

CR001 wrote:

Scenario 1:
1. Can I apply in late March or early April (same day service) for ILR and my wife can apply for her ILR in late Oct (28 days prior her 10 years complete) for both of us getting settlement?
2. Or if I apply by post which takes few months and then she apply same as above, will that be ok too?

Either is fine as her application is independent of yours.

Scenario 2:
1. If we travel outside of UK before Oct’17 and we both apply same time in Sept-17, will that be the best option for us?

She should switch to FLR(M) BEFORE she travels if you have travel plans. This advice will not change.

And, once I get ILR, my son will be able to apply for British Citizenship, immediately after I get the ILR or will he wait for one year prior doing that?

Yes, once you have your ILR BRP card, you can register him as BC. Bear in mind that if you travel before he is BC, he will need a visa to re-enter the UK.

And will I follow this https://www.gov.uk/get-a-child-passport/overview to get my son's British Passport as soon as I get my ILR (& Card)?

No. As CR001 advised, son must register sucessfully first, before being eligible for British passport.

Thank you Vinny. Apologies for not coming back on this quickly as had been away for a while due to personal work.

So, I apply in March/April and get Son register and then his British passport. My wife can stay on Tier2 Dependent until Oct and then she can apply for ILR following long residency basis. I think I got it right here this time

Thank you so much for all your advices and support. I will post you the progress as come close to the events.

Regards

vinny wrote:No. As CR001 advised, son must register sucessfully first, before being eligible for British passport.