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Question regarding settlement

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intrusive
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Eligiblity of ILR for my daughter

Post by intrusive » Thu Mar 05, 2020 9:51 pm

Hi! I want to ask about my wife's and my daughter's eligiblilty for ILR.
My daughter and my wife entered in UK on 31 October 2019.
she just turned 3 in January and I got my ILR on 31st Janaury. I was on entrepreneur visa before and I got my ILR based on 10 years.
Can i know when they will be eligible for ILR and what route they should go because they have not changed their visas yet as they current dependent visas are valid till march next year.

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CR001
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Re: Eligiblity of ILR for my daughter

Post by CR001 » Fri Mar 06, 2020 6:24 am

They both have to switch to FLR m and meet the requirements. They will qualify for ilr after 5 years in FLR m. Time spent on PBS dependent visa doesn't count towards the 5 years and they also cannot extend heir current visas
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intrusive
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Re: Eligiblity of ILR for my daughter

Post by intrusive » Sun Mar 08, 2020 8:23 pm

@CR001 thanks for your reply.
Does that mean they need to change their visas ASAP? If so I will not be able to meet the maintenance requirements because my business is in loss still, its virtually impossible for me to show that i am earning like £22400 p.a, while i am paying myself like 8000 per annum. Whats best possible course of action?

intrusive
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Re: Eligiblity of ILR for my daughter

Post by intrusive » Sun Mar 08, 2020 8:27 pm

more over the fees which ukvi are charging are extremely extortionate!! They just arrived in the country like 4 months ago and i had to pay a huge sum. and for my ilr i had to pay like 3500£. Can i apply for fee waiver? are there any conditions to that?

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Re: Eligiblity of ILR for my daughter

Post by zimba » Sun Mar 08, 2020 10:25 pm

intrusive wrote:
Sun Mar 08, 2020 8:27 pm
more over the fees which ukvi are charging are extremely extortionate!! They just arrived in the country like 4 months ago and i had to pay a huge sum. and for my ilr i had to pay like 3500£. Can i apply for fee waiver? are there any conditions to that?
There is no fee waiver. There visa remains valid however they are expected to switch to FLR(M) or FLR(FP) as soon as they can. They should not travel as their visa is may not be valid for re-entry.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

intrusive
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Re: Eligiblity of ILR for my daughter

Post by intrusive » Wed Mar 11, 2020 1:54 am

Thank you. But will it have any implications or problems when they will change at the end of their current visa?

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Re: Eligiblity of ILR for my daughter

Post by zimba » Wed Mar 11, 2020 1:59 am

intrusive wrote:
Wed Mar 11, 2020 1:54 am
Thank you. But will it have any implications or problems when they will change at the end of their current visa?
No but UKVI may choose to curtail their leave
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

intrusive
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Question regarding settlement

Post by intrusive » Wed Sep 09, 2020 2:53 am

Dear forum members and gurus hello, I have questions regarding settlement of my daughter. I become settle in here on February this year on the basis of long residency, before that i had Tier 1 Entrepreneur visa. My wife and daughter came in here on November last year on my dependent visa, my daughter is 3 and both of their visa is valid till March next year.
As my status is changed i want to change my daughter's status as well i want to apply for her citizenship through form MN1, may i know if she is eligible? Or do she need to wait before i get my naturalisation done and then apply for hers. Or can we apply for ours (me and my daughter) naturalisation at the same time?
This is to avoid the threshold of 22.4K which i have to show in case i have to apply for her family visa. Or do i need to apply for ILR first and then apply for her citizenship i have seen the requirements for ILR and I am the sole parent earning in my family am i right in assuming that.
If the above things are not applicable what would be the correct/best course of action. Please advise me i am super confused.
Many Thanks.

intrusive
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Re: Question regarding settlement

Post by intrusive » Wed Sep 09, 2020 3:06 am

i dont know whether to write in this section or British Citizenship section apologies if i am wrong.

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Re: Question regarding settlement

Post by vinny » Wed Sep 09, 2020 4:21 am

Wife and daughter should switch.

They also expect both wife and daughter to have ILR prior to citizenship under Section 3(1). If your daughter had been born in the UK, then she would have been entitled to register.
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Re: Question regarding settlement

Post by secret.simon » Wed Sep 09, 2020 12:12 pm

Children born abroad follow the same immigration route as that of the less-privileged parent (in this case, the mother).

Your daughter will need to apply for the same dependent visa as her mother, get ILR along with her mother and can then apply for registration after both she and her mother have got ILR (and you have got British citizenship).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

intrusive
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Re: Question regarding settlement

Post by intrusive » Wed Sep 09, 2020 2:23 pm

its really confusing and i think its other way round, because i know people who are my family friends here who came in uk on spouse visa with their children, their father was british citizen and their mother was from Pakistan and were subject to immigration rules and they have applied for their children citizenship and got it. They had three children all of them got their passports before their mother; who had to follow the usual route and got her passport after 5 years after ILR.
Can i please know if the children of british citizen living abroad can be registered as a british citizen outside then why not in UK when they are living with parent how can this be justified? Can you please tell me which sections of immigration rules states that they cannot be registered as citizens.
and why is that she has to follow the immigration rules of less privileged parent when i am the sole bread winner of my family and i am their financial sponsor

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Re: Question regarding settlement

Post by CR001 » Wed Sep 09, 2020 2:41 pm

its really confusing and i think its other way round, because i know people who are my family friends here who came in uk on spouse visa with their children, their father was british citizen and their mother was from Pakistan and were subject to immigration rules and they have applied for their children citizenship and got it. They had three children all of them got their passports before their mother; who had to follow the usual route and got her passport after 5 years after ILR.
The rules are very different for children who are born abroad to a British parent. They are automatically British by descent.
Can i please know if the children of british citizen living abroad can be registered as a british citizen outside then why not in UK when they are living with parent how can this be justified?

The nationality laws are different for children who are born abroad to a British citizen parent. The same does NOT apply to your circumstances as you were NOT British at the time of your childs birth abroad and the child therefore has no entitlement to a British passport or to register as British.
Can you please tell me which sections of immigration rules states that they cannot be registered as citizens.
It is the British citizen nationality laws.

https://assets.publishing.service.gov.u ... -Jul19.pdf
and why is that she has to follow the immigration rules of less privileged parent when i am the sole bread winner of my family and i am their financial sponsor
Because she was born abroad to parents who did NOT hold British citizenship. Being the sole breadwinner of the family is completely irrelevant.
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Re: Question regarding settlement

Post by zimba » Thu Sep 10, 2020 1:47 am

intrusive wrote:
Wed Sep 09, 2020 2:23 pm
its really confusing and i think its other way round, because i know people who are my family friends here who came in uk on spouse visa with their children, their father was british citizen and their mother was from Pakistan and were subject to immigration rules and they have applied for their children citizenship and got it. They had three children all of them got their passports before their mother; who had to follow the usual route and got her passport after 5 years after ILR.
Can i please know if the children of british citizen living abroad can be registered as a british citizen outside then why not in UK when they are living with parent how can this be justified? Can you please tell me which sections of immigration rules states that they cannot be registered as citizens.
and why is that she has to follow the immigration rules of less privileged parent when i am the sole bread winner of my family and i am their financial sponsor
It is very simple in fact as per nationality laws:

Children born to a British parent will be automatically British at birth and can get passports directly.
Children born in the UK to a settled parent will be automatically British at birth and can get passports directly.
Children born in the UK to non-settled parents are entitled to be registered as British AFTER one parent becomes settled. Then apply can apply for a passport when registered.
Children born OUTSIDE the UK to non-British parents (settled or not) have NO entitlement to British citizenship at all. So they will follow the same immigration route as that of the less-privileged parent
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

intrusive
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Re: Question regarding settlement

Post by intrusive » Fri Sep 11, 2020 1:04 pm

thank you both @Zimba and CR001 it was quite helpful and straight forward. Meaning they both have to follow the five year route.
Can i please know one more thing when i will be eligible to apply for my naturalisation i got my ILR approved on 31 January 2020 via super priority team email, letter received on Monday 3 February 2020, Bio Metric received 11-02-2020.

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Re: Question regarding settlement

Post by CR001 » Fri Sep 11, 2020 1:06 pm

intrusive wrote:
Fri Sep 11, 2020 1:04 pm
thank you both @Zimba and CR001 it was quite helpful and straight forward. Meaning they both have to follow the five year route.
Can i please know one more thing when i will be eligible to apply for my naturalisation i got my ILR approved on 31 January 2020 via super priority team email, letter received on Monday 3 February 2020, Bio Metric received 11-02-2020.
You need to have 12 full months on ILR, from the date on your BRP card.

You should post any British citizenship questions in the British citizenship sub forum please.

https://www.immigrationboards.com/british-citizenship/
Char (CR001 not Casa)
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intrusive
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Re: Question regarding settlement

Post by intrusive » Wed Nov 18, 2020 3:13 pm

vinny wrote:
Wed Sep 09, 2020 4:21 am
Wife and daughter should switch.

They also expect both wife and daughter to have ILR prior to citizenship under Section 3(1). If your daughter had been born in the UK, then she would have been entitled to register.

intrusive
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Re: Question regarding settlement

Post by intrusive » Wed Nov 18, 2020 3:17 pm

@Zimba and all moderators hi, I have a question regarding my wife and daughter switching they have not switched their visas yet. Will it have any implications or will home office refuse their visa on not switching on time?? we have not recieved any curtailment letter yet. But i have been on ILR since februaury this year.
Please i need your advice.

intrusive
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Re: Eligiblity of ILR for my daughter

Post by intrusive » Wed Nov 18, 2020 3:29 pm

Zimba wrote:
Wed Mar 11, 2020 1:59 am
intrusive wrote:
Wed Mar 11, 2020 1:54 am
Thank you. But will it have any implications or problems when they will change at the end of their current visa?
No but UKVI may choose to curtail their leave

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Re: Question regarding settlement

Post by seagul » Wed Nov 18, 2020 5:28 pm

intrusive wrote:
Wed Nov 18, 2020 3:17 pm
I have a question regarding my wife and daughter switching they have not switched their visas yet. Will it have any implications or will home office refuse their visa on not switching on time?? we have not recieved any curtailment letter yet. But i have been on ILR since februaury this year.
Please i need your advice.
It won't alone impede their extension but making any unnecessary delay in not switching them on to the correct route will reciprocally delay their new ILR clock to start ticking.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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