ILR 10 Year Long Residence Route

Hi,

Can you please assist with the below query. My wife and I have been living in the UK lawfully under Tier 2 ICT visa since 2010 without any breaks in our visa. Our daughter was born here in the UK in 2013. My wife is the main applicant and my daughter and I are her dependants.

We all have visa until August this year. My wife will become eligible for ILR under the SET (LR) route by mid of May this year as she can apply 28 days before her 10 year completion. I will become eligible by first week of July as that's when I will reaching 28 days before my 10 years of residence in the UK.

My queries are -

1. Can my wife apply separately by mid of May as soon as she become eligible. If so, what will happen to my and my daughter's visa status as we are her dependants currently. As I am thinking to apply by first week of July only which is roughly around 1.5 months after my wife's application.
2. I understand that my daughter can directly apply for British passport as soon as mine or my wife's ILR is done. What will happen to her current visa category (currently dependant of my wife's Tier 2 ICT) once my wife switches to ILR.

Thanks for your time. Please let me know if you need any other details.

Thanks.

1. Yea she can. Nothing happens to your visa. Just don't travel out of the UK.

2. No,only a British citizen can apply for a passport. Your daughter is not yet a British citizen. You have to register her as British first on form MN1 and can only apply for a passport once registration is approved and you have the certificate. Nothing happens to her visa!!

Thank you so much for your swift response. I have a couple of more queries too. It would be much more
helpful if you can clarify please.
1. My wife will be applying via post only. So if her status/documents are not received by the time I apply, will that be a problem? Or I can mention in the application that some documents are already with Home Office for my wife's application
2. Similar question as above. If mine/my wife's ILR status is not known until the time my daughter's current visa expires, then I would not be able to apply for her MN1 and then British passport. So ideally the best and safest way is at least one of us should go for super priority service so there is no issue with my daughter's passport application or is there any other better way around?
3. There is not great deal of information available with regards to the documents required for SET(LR) application. Whatever I have read so far lists only a minimal list of documents which I am not very convinced about. Can you please confirm the list of supporting documents required for 10 year route.

Many Thanks in advance

1. She cannot apply by post. She must apply online, book a biometrics appointment with UKCVAS and upload her supporting documents to the portal. Nothing is posted to HO anymore, the process changed in November 2018. You don't need her documents if you are applying later for ILR based on long residence. SET (LR) has NO concept of dependants. Each person applying based on 10 years long residence must apply on their own and meet the requirements on their own.

2. A UK born child does NOT require a valid visa to register as British. They have an entitlement to register as British and it cannot be refused.

3. Minimal documents. All passports including the one you entered the UK on, LIUK, English requirement. That's it!!

Thanks for your swift response again. With regards to your response for my question no. 2, please can you clarify this. My daughter may apply for MN1 before the PR decision is received for me or my wife but she can apply for British passport only after one of our PR is approved right?

Also my wife and I got our first visa valid from 3rd June 2010. My wife entered the UK on 13th June 2010 and I entered the UK on 30th July 2010. So can you please tell us the earliest dates that we can apply for SET(LR) considering that we can apply 28 days before the 10 years.

Thank you.

2, please can you clarify this. My daughter may apply for MN1 before the PR decision is received for me or my wife but she can apply for British passport only after one of our PR is approved right?

No. She can only apply for citizenship on form MN1 when either parent already has been granted ILR. She cannot apply before this as you have to submit proof of ILR with the mn1 application. She can only apply for a British passport AFTER she is approved for citizenship and you have received the certificate.

Also my wife and I got our first visa valid from 3rd June 2010. My wife entered the UK on 13th June 2010 and I entered the UK on 30th July 2010. So can you please tell us the earliest dates that we can apply for SET(LR) considering that we can apply 28 days before the 10 years.

For both you can apply no sooner than within 28 days before the 10th anniversary of the date each of ENTERED the UK.

Many thanks for your swift responses. My daughter’s visa expires on 12th of August this year. If me and my wife doesn’t go for super priority service and if our ILR status is not known until the time my daughter’s visa expires, can she continue to stay in the UK even after her visa expires? We will apply for her MN1 as soon as one of our ILR is received. Will there be any problem in her MN1 application if we apply after her current visa expiry.

Thanks.

can she continue to stay in the UK even after her visa expires?

No.

Will there be any problem in her MN1 application if we apply after her current visa expiry.

No. As I have already stated :

2. A UK born child does NOT require a valid visa to register as British. They have an entitlement to register as British and it cannot be refused.

Hi,

Thanks for your responses. Your answers to the below two questions sort of contradict with each other, so can you please clarify further. My daughter's visa expires on 12th of August and if me or my wife doesn't get our ILR until then (for e.g., if we didn't go for priority service), we wouldn't be able to submit her MN1 application on time before her current visa expiry. So in that case, is she allowed to stay in the UK after 12th of August and then apply for her MN1 as soon as one of our ILR is received?

Thanks.

we wouldn't be able to submit her MN1 application on time before her current visa expiry.

It does NOT matter, a UK born child does NOT need a valid visa to apply for citizenship. A MN1 application is NOT an application under the immigration rules anyway, so section 3C protection does NOT apply.

So in that case, is she allowed to stay in the UK after 12th of August and then apply for her MN1 as soon as one of our ILR is received?

Yes!!

Hi

Thanks for your help and support so far. You have mentioned that for SET(LR) applications the passports, BRP/Visa, Life in the UK certificate is enough. I just want to understand if I have to submit NARIC for English proficiency or B1 certificate as supporting document. Please clarify.

Thanks

dddd_eeee wrote: ↑

Wed Apr 29, 2020 8:38 pm

. I just want to understand if I have to submit NARIC for English proficiency or B1 certificate as supporting document.

Yes either of these are mandatory.

Hi thanks for your response. I have got a Naric statement of comparability for my degree in 2010, will that suffice? Or do I have to get a Naric English assessment too via the Red route now.

You need the NARIC English assessment AND the statement of comparability

Thanks for your response. Can you please clarify this. I have got statement of comparability from Naric in Jan 2011 and if I get only the English Language Assessment now via the below link, will these two suffice to support the SET(LR) application.

https://naric.org.uk/naric/Individuals/ ... sment.aspx

Or do I have to apply for the whole thing again via the Naric Red route now?

Thanks

NARIC Red route is required

https://www.gov.uk/english-language/degrees-in-english