ILR: Can my partner apply for ILR with me?

[ad4vikram]

Dear All,

Thanking you in advise for your help.
I know this questions is asked many times before. However, I am still not sure what do I need to do in my situation.

I got my first UK students visa on 17/08/2008 which was valid till 31/02/2010
I then extended my visa further and got new visa from 15/02/2010 to 16/02/2015 (Applied before expiry fo the visa)
In may 2010 I got married.
My wife applied for PBS dependent and got her first visa on 02/08/2010 to 16/01/2015.
In year 2015 I applied for Tier 2 visa and got visa from 09/01/2015 to 29/01/2018.
My wife applied for PBS dependent (Tier 2) and got visa from 20/03/2015 to 29/02/2018.
In year 2017, I changed my employer and applied for tier 2 and got visa from 05/01/2017 to 16/02/2019.
My wife applied for PBS dependent and got her visa from 13/02/2018 to 16/02/2019 ( Applied before her visa expired)
We also had daughter in 2015. We have applied for her Indian passport and she is currently my dependent as well.

Could you please advise, is my wife eligible to apply for ILR with me as she has been PBS dependent since she arrived to this country?
If she needs to apply for FLR, does she needs to apply at the same time with me?
Is there any balance requirement?
When can my daughter apply for her British Passport?

Thanks for reading this and for your time.

Regards.

[CR001]

On what basis are you applying for ILR? 5 years PBS route or 10 years long residence?

Is your child UK born?

[ad4vikram]

Thanks for the reply.
I am apply on a 10 year route. My child is UK bourn.

[CR001]

Could you please advise, is my wife eligible to apply for ILR with me as she has been PBS dependent since she arrived to this country?

No she cannot apply for ILR with you. ILR based on long residence does not permit dependents to apply with the main applicant.

If she needs to apply for FLR, does she needs to apply at the same time with me?

She can apply for FLR(M) at any time before her current visa expires. She should switch though before she makes any plans to travel out of the UK.

Is there any balance requirement?

No maintenance fund requirement but you must meet the financial requirement of £18,600pa.

When can my daughter apply for her British Passport?

She is not British so cannot apply directly for a passport. You can register her as British on form MN1 once you have your ILR.

[secret.simon]

My wife applied for PBS dependent and got her first visa on 02/08/2010 to 16/01/2015.

I could be wrong (so please wait for others to advise before progressing the conversation), but as the first PBS spousal visa was issued before 2012, it may be possible for your wife to apply for ILR with you. That may be conditional (I am not sure) on your ILR being based on your Tier 2 and not Long Residence.

I believe that if you apply on the basis of Long Residence, your wife will have to apply for an FLR(M) and she will need to spend a further five years on FLR(M) - so, 2024 - before she becomes eligible for ILR.

[CR001]

I could be wrong (so please wait for others to advise before progressing the conversation), but as the first PBS spousal visa was issued before 2012, it may be possible for your wife to apply for ILR with you. That may be conditional (I am not sure) on your ILR being based on your Tier 2 and not Long Residence.

You would be correct yes.

I believe that if you apply on the basis of Long Residence, your wife will have to apply for an FLR(M) and she will need to spend a further five years on FLR(M) - so, 2024 - before she becomes eligible for ILR.

Or 2020 based on Long Residence if the requirements are met.

[ad4vikram]

Dear All,

Thank you all for your valuable comments.

Apologies in late reply.

[CR001]

My daughter already has Indian Passport. Does it stop her from applying MN1?

No, but she will lose her Indian citizenship when British citizenship is granted.

[ad4vikram]

She is not British so cannot apply directly for a passport. You can register her as British on form MN1 once you have your ILR.

My daughter already has Indian Passport and UK dependent Visa. Does it stop her in any way from applying MN1?

[CR001]

She is not British so cannot apply directly for a passport. You can register her as British on form MN1 once you have your ILR.

My daughter already has Indian Passport and UK dependent Visa. Does it stop her in any way from applying MN1?

Already answered above.

[ad4vikram]

Thanks for your quick response.

[ad4vikram]

Could you please advise what is the process of getting my daughters British Passport after completing MN1 form?[/quote]

[CR001]

Could you please advise what is the process of getting my daughters British Passport after completing MN1 form?

1. Please post British citizenship questions in the British Citizenship sub forum. british-citizenship/

2. british-citizenship/citizenship-faqs-co ... l#p1343774