Immigrationboards.com

Dear moderators/ experienced users,

Firstly thank you for helpful advise over a range of topics, I think I have some clarity on many of the aspects related to my application thanks to the forum. I have a few specific questions though due to my scenarios, hopefully one of you could clarify.

I will qualify for ILR through 10 year long residence route in Dec 2019, but my wife will not finish her 10 year time until Apr 2021. Both of us and our child have valid visas until June 2021 (I'm on Tier 2 General and they are PBS dependents). So 'm wondering what would be the status of my dependents if I get my ILR in December. My questions are:
- Can they continue on their PBS dependent visa as they have valid visa for more than 1.5 years?
- if thats not possible, can my wife apply separately for ILR directly as partner of settled person? She has been on the current PBS dependent visa for about 17 months now.
- If that's also not possible the default option would be for my wife to apply for FLR for the period until she completes 10 years, is that right?
My child was born in the UK, so I'm assuming we can opt for registration of our child as British citizen as soon as I get my ILR, is that correct?

regards

- Can they continue on their PBS dependent visa as they have valid visa for more than 1.5 years?

If they have no travel plans out of the UK and if HO does not curtail their visas, then yes. Technically, they should switch to FLR(M) once you get ILR.

- if thats not possible, can my wife apply separately for ILR directly as partner of settled person? She has been on the current PBS dependent visa for about 17 months now.

No she cannot as she does not hold a visa in the category required to apply for ILR as a spouse of a settled person.

- If that's also not possible the default option would be for my wife to apply for FLR for the period until she completes 10 years, is that right?

FLR(M) spouse visa meeting the English and financial requiremennts.

My child was born in the UK, so I'm assuming we can opt for registration of our child as British citizen as soon as I get my ILR, is that correct?

Child does not need ILR. You can register the child as British once you get your ILR.

Thank you for your quick response, CR001!

I suppose then the safest option will be for my wife to apply for FLR(M) soon after I get ILR. But just one more question in that case - will she have to wait for 5 more years to apply for ILR on her own merit or can she still apply for ILR in Apr 2021 as she would have legally completed 10 years by then?

Regards,

will she have to wait for 5 more years to apply for ILR on her own merit

No.

or can she still apply for ILR in Apr 2021 as she would have legally completed 10 years by then?

All visas count for 10 years long residence.

Many thanks CR001.

Regards