Spouse Visa applying inside the UK

[bhuvraj]

Hello Everyone,

I am now eligible and planning to apply for long residence 10 years, been in the UK since Aug 2007. I am currently under Tier2 (general)expiring in April 2019 and have my wife( Since July 2008) & daughter (Born in the UK) as dependents under PBS dependents. I have to clarify few points and need your help.

Once UKBA approves my application

1) Will my wife & daughter's visa still be valid till April 2019
2) If yes will she be eligible for ILR under long residence 10 years as she will complete 10 years next year.
OR
3) She has to switch to spouse visa asap and then complete 5 years for ILR.
4) Will my daughter be eligible for ILR straight away or she has to apply for British passport.

Looking forward for valuable inputs.

Thank you.

Bhuvraj

[CR001]

1) Will my wife & daughter's visa still be valid till April 2019
2) If yes will she be eligible for ILR under long residence 10 years as she will complete 10 years next year.

Probably, provided she does not travel outside the UK.

3) She has to switch to spouse visa asap and then complete 5 years for ILR.

If she switches, she can still apply for long residence ILR when she qualifies.

4) Will my daughter be eligible for ILR straight away or she has to apply for British passport.

She DOES NOT require ILR if she is UK born and you apply for citizenship for her. Passport is a separate process to registering her as British on form MN1.

[bhuvraj]

Thank you so much for your prompt response.

No plans to traveI unless everything is sorted I was told that the moment I switch to ILR under long residence my wife's stay will be reset to zero and she has to switch to 5 years spouse visa.

We want to keep the Indian passport for our daughter so looking at IlR option.

Regards
Bhuvraj

[CR001]

ILR under long residence my wife's stay will be reset to zero and she has to switch to 5 years spouse visa.

Only resets if she wants to apply for ILR based on 5 years residence. ALL visas count for ILR based on 10 years residence.

We want to keep the Indian passport for our daughter so looking at IlR option.

She will have to apply on her own on SET(F) if your wife applies for ILR based on long residence. How old is your daughter?

[bhuvraj]

Thank you once again.

if I am reading this right it means that if she applies for spouse visa her stays will reset to zero and she will have to wait for 5 years to get her ILR if not then she can apply for long residence 10 years next year as her PSB dependent expires in April 2019.

My daughter is 3 years old


Regards
Bhuvraj

[CR001]

if I am reading this right it means that if she applies for spouse visa her stays will reset to zero and she will have to wait for 5 years to get her ILR if not then she can apply for long residence 10 years next year as her PSB dependent expires in April 2019.

If she switches to FLR(M), her clock resets to zero but ONLY for ILR based on 5 years residence. If she switches to FLR(M), she can still apply for ILR based on long residence when she completes 10 years and meets all the requirements.

[bhuvraj]

Ahh now I get it.

You are a star.

Just wanted to know one more thing Can I apply with Set(F) for my daughter (3 years old) once I get my ILR or it has to be done after my wife gets her ILR.

Regards
Bhuvraj