ILR dependant questions

[mkanagar]

Hi,
I have multiple questions regarding ILR dependant visa.
Can you please take some time to answer them.

I am on independant Tier-1 General and will be eligible to apply for ILR by Jan-2013. My wife is on ILR. We are now married for 18 months. We both are working and my wife is 10 weeks Pregnant.

My job is little bit tricky at the moment. Chances are there that i might lose my job. So i am thinking of other options. Please help answering the below questions.

Questions:
1.) Should i be in the job at the time of my ILR application?

asking this because, there is a clause in the previous earning section of the ILR application that says its ok if we show previous earnings proof for the 12 months period out of last 15 months. This means its ok if i stick to my job till 3 months before my ILR application. correct? i am going to apply for my ILR in Jan-2013 so its ok if i show my payslips only till Sep-2012.

2.) if i lose my job, can I switch from Tier-1 to Dependant of my wife who is already in ILR being in UK?

3.) if yes, then i know i have to submit my wife's payslips/bank docs as i am applying as her dependant. Question is she will be in Maternity pay by the time my current visa expires. not sure if she will get payslips by that time. Even if she gets it, will it be ok? will maternity payslips will be accepted? or can i submit payslips of my wife before her maternity. ?
Here we are not proving any previous earnings but maternity pay will be less. so not sure if maternity payslips will be accepted?

4.) if she goes to india for delivery, then we have to apply visa for the baby from inda. Even at that time, she will have only maternity payslips. Can that be used to apply dependant visa for the baby or for me anyways?

Can some one please help answering this questions. Thanks

-Mahesh

[geriatrix]

1. No. If you fulfil the eligibility criteria then your settlement application should not be refused even if you are unemployed on the date of such application.
2. Yes.
3. Less salary on account of maternity leave is not an issue.
4. As above.

FYI - If the child is born in UK to a parent with settled status, the child will be British by birth.

[mkanagar]

Thanks for the reply.
So, just for the baby to have indian citizenship, my wife has to go to india for delivery?
We have indian passports and not planning to get BritishCitizenship for us.
we might be in ILR for a while and then return to India.
So we are not keen on getting BritishCitizenship.

Regards,
Mahesh

[geriatrix]

So, just for the baby to have indian citizenship, my wife has to go to india for delivery?

No, child born in the UK to Indian citizen(s) may also qualify for Indian citizenship (by descent). Make sure that birth in UK is registered with the Indian High Commission within 12 months.

Please post India specific immigration queries in this forum.