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ILR 10 year route main applicant, spouse and child

Posted: Wed Jan 11, 2023 12:06 pm
by pmedha
Hello Moderators and experts!

I have completed 10 years 9 months continuously and my my wife has completed 10 years continuously in the UK. I basically waited for my wife's 10 years tenure to be over so that we could apply for ILR together.

Main applicant visa type : Skilled worker leave to remain.
Wife visa : Dependant partner leave to remain.
Daughter visa : Dependant child leave to remain
All the above visas valid till 29-10-2023.

Query 1:
I have applied for the ILR through 10 year route Set (LR) and have got a date for biometrics this month under super priority.
I initially filled the application for my wife for the 10 year route Set(LR) but not submitted (no further super priority was available to choose). Since then I have seen confusing documents on the gov.uk. There exists another way of application: Apply as a partner (dependant on a work visa). I am now unsure whether to use this or the Set (LR).

Query 2:
My daughter of age 5 was born in the UK and has been living in the UK continuously. Obviously we did not have ILR when she was born (as applying now). Would I also need to apply for ILR for my daughter together with our application? I read somewhere that if any of the parent of a child born in the UK has ILR then they don't need to file one and can directly go for naturalization. However I would like your expert opinion on this too.

Will be much obliged if I could get a response ASAP.

Regards,
Parashmani

Re: ILR 10 year route main applicant, spouse and child

Posted: Wed Jan 11, 2023 12:25 pm
by Ticktack
pmedha wrote:
Wed Jan 11, 2023 12:06 pm
Hello Moderators and experts!

I have completed 10 years 9 months continuously and my my wife has completed 10 years continuously in the UK. I basically waited for my wife's 10 years tenure to be over so that we could apply for ILR together.

Main applicant visa type : Skilled worker leave to remain.
Wife visa : Dependant partner leave to remain.
Daughter visa : Dependant child leave to remain
All the above visas valid till 29-10-2023.

Query 1:
I have applied for the ILR through 10 year route Set (LR) and have got a date for biometrics this month under super priority.
I initially filled the application for my wife for the 10 year route Set(LR) but not submitted (no further super priority was available to choose). Since then I have seen confusing documents on the gov.uk. There exists another way of application: Apply as a partner (dependant on a work visa). I am now unsure whether to use this or the Set (LR). Everyone that has been in the UK on various leave for 10 years can apply for SET (LR).

Query 2:
My daughter of age 5 was born in the UK and has been living in the UK continuously. Obviously we did not have ILR when she was born (as applying now). Would I also need to apply for ILR for my daughter together with our application? I read somewhere that if any of the parent of a child born in the UK has ILR then they don't need to file one and can directly go for naturalization. However I would like your expert opinion on this too. That's correct. Child born in the UK can apply straight for naturalisation form MN once either parents have ILR.

Will be much obliged if I could get a response ASAP.

Regards,
Parashmani

Re: ILR 10 year route main applicant, spouse and child

Posted: Wed Jan 11, 2023 2:11 pm
by zimba
Children do NOT naturalise. :!:
A UK-born child can be registered as a British citizen once one parent settles. Use form MN1. Such a child has an entitlement to British citizenship and hence does not even need a valid visa

Re: ILR 10 year route main applicant, spouse and child

Posted: Thu Jan 12, 2023 3:53 pm
by pmedha
Thank you experts for your advice. I have now filed my wife's application using Set (LR).

I have one more query please @zimba @Ticktack.

@zimba I am trying to understand and clarify your statement. Once me and my wife receive our ILR, can our daughter remain/travel in or out of UK without a visa even before filing her British Citizenship? Apologies if my query is not clear.

Regards,

Re: ILR 10 year route main applicant, spouse and child

Posted: Thu Jan 12, 2023 3:55 pm
by CR001
pmedha wrote:
Thu Jan 12, 2023 3:53 pm
Thank you experts for your advice. I have now filed my wife's application using Set (LR).

I have one more query please @zimba @Ticktack.

@zimba I am trying to understand and clarify your statement. Once me and my wife receive our ILR, can our daughter remain/travel in or out of UK without a visa even before filing her British Citizenship? Apologies if my query is not clear.

Regards,
She can leave the uk but if she doesn't have a visa, she won't be able to return. She can remain the uk without a visa whe you wait for the MN1 to be approved.