Application MN1 Section 3(5)

[Gahamilton]

Hi,

Was hoping someone could help. I was going to apply for my son under MN1 section 3(5) and wanted to check if this is possible or do I have to wait for my wife to be settled in the UK - i.e. have ILR?

I am British by descent (born abroad) and me and the family have been in the UK for 3.5 years. I did not live in the UK prior to my son's birth. My wife is here on a spousal visa and my son is a dependent on her visa. They currently have leave to remain (but not yet ILR).

Having read the guide it seems that I can apply under section 3(5) as we have been in the UK for more than 3 years but not sure if my wife not having ILR would make the application fail. My son is 5 years old.

Anyone been through this process, or am I just going to waste the application fee?

[vinny]

I don’t think that there is a requirement for your wife to have ILR.