ILR or Naturalisation?

[kna872]

Dear Esteemed Members,


I have been living here in UK primarily as a student since March 2001 and then got my HSMP in 2008. In 2009 I got married and my wife joined me in UK as a dependent. My application for extension of HSMP was duly approved.

We recently had a baby.

1)My question is, should I be applying for naturalisation directly or would I have to apply for ILR first in March 2011 that is when I would have lived in UK for 10 years (Combination of student and HSMP Visas)?


2) In both circumstances, would my dependent (my baby girl and wife) would also be applying for the same application as mine or the laws would be different?

I am of Pakistani origin.

3)I am a lecturer in Economics, I presume that I wouldn't have to take ESOL but the 'Life in The UK Test' instead. Is my assumption correct? If it is would I have to take this test for ILR as well?

4)Would my wife have to take these tests as well?

5)If I apply for ILR then when would I be able to apply for Naturalisation/Citizenship?

I have tried to look for the answer on this board but wasn't successful. I am sorry if it is a repeat question.

I would be hugely obliged for any help.


Regards,
Ali

[geriatrix]

1. There is no naturalisation without first being granted ILR (settlement).
2. An application for settlement under the 10 year long residence category cannot include dependents.
3. KOL required for ILR.
4. Yes.
5a. You - After a year of being granted settlement.
5b. Spouse - Spouse's naturalisation depends on how and when he/she becomes eligible for settlement. Apply for spouse visa (FLR(M)) once you are granted settlement (provide the current leave isn't going to expire before then).
5c. Child - Is the child born in the UK? If so, then after you are granted ILR you may apply for registration of your child as British citizen using MN1 under Section 1(3).


regards

[John]

kna872, also appreciate that the law on British Citizenship might change in the future. For you, who might get ILR say next March, it looks likely that you will be able to apply for Naturalisation when you have had that ILR for one year.

But matters might be more problematic for your wife. After you have your ILR your wife should apply for a 2-year spouse visa using form FLR(M). Then near the end of that 2-year period she would apply for ILR, which might then be called probationary citizenship. Having got that when might she apply for her own British Citizenship? We shall just have to see but it might be possible that the current legislation might not then apply, and she might need to wait for a year before applying for her Naturalisation.

Your child? Please do confirm whether born in the UK, or outside the UK?

[kna872]

Thank you John and Sushmehta,


Our child was born here 24 days ago.

Your replies have clarified a lot for which I am grateful.

Is it correct that the best course of action would look something like this, my spouse would not be able to apply for ILR with me in March 2011. She should continue with her HSMP (dependent) which would expire in 2013 and on completion of that she would be then eligible to apply for ILR.

Please advise if my assumption is correct and that what would be the best course of action for my baby who was born in England.


Obliged,
Ali

[John]

Let's deal with the baby first. Given the child was born in the UK, the question to ask you now is .... is there any intention for the child to be taken outside the UK before say next April?

If the answer to that is no, don't bother to apply for a visa for the child. Simply, after you have your ILR, apply for Registration as British for your child. The application under section 1(3) is an entitlement ... no UKBA discretion involved .... and assuming evidence of UK birth of the child, and your ILR, the application will be granted.

If the answer is yes, you will need to apply for a visa for the child, in order to get the child back into the UK.

Now your wife. After you have your ILR I think your wife needs to apply for a 2-year spouse visa. My thought process is that because you will no longer be on HSMP, your wife cannot remain as a HSMP dependant.

[007]

I think because his wife is dependant on his HSMP visa, then she will be able to apply as a joint application for ILR with her husband. He can confirm this by phoning the HO enquiry office.

[John]

007, that is not so, given he is applying for his ILR under the 10-year Long Residence provision.

[kna872]

Just a quick one,

I consequently applied for ILR and then only last month I was granted a citizenship. My daughter has a UK passport, applied under 3n1.

Hope it helps.

Ali