How to go about for ilr application self is a partner of a british citizen by descent

[arshalm]

My wife is a british citizen by descent . we have been married for 4 years we have a 2 year old child and wish to move to the uk .im a merchant seaman by profession .
How to i go about with moving to the uk and applying for ilr for myself and my child.

[CR001]

You don't qualify for ILR.

You and your child need to apply for a spouse/child settlement visa. This is a 5 year route (2 x 2.5 year visas) before you can apply for ILR.

Your wife needs to prove she meets the financial requirement of £22,400pa with evidence of payslips and bank statements.

You require English A1.

[Obie]

Well the 22400 will only apply if the child is not already a British Citizen, but if the child was born British or Registered as such, then it will be 18600.

[CR001]

Well the 22400 will only apply if the child is not already a British Citizen, but if the child was born British or Registered as such, then it will be 18600.

Indeed. I based my answer on the spouse being British by Descent and living abroad.

[vinny]

Child will be entitled to register under Section 3(5) after three years’ residence in the UK.

Or register immediately, if mother has previously lived in the UK for at least 3 years prior to child’s birth.

However, the former may be preferable.

[Obie]

Child will be entitled to register under Section 3(5) after three years’ residence in the UK.

Or register immediately, if mother has previously lived in the UK for at least 3 years prior to child’s birth.

However, the former may be preferable.

It may well be the case that mother gave birth to the child in the UK and went back to this 3rd country and hence the child is a British, or it may be the case that the child was born in an EEA country in which nationality was acquired and hence do not need to meet the financial requirement test.

[arshalm]

You don't qualify for ILR.

You and your child need to apply for a spouse/child settlement visa. This is a 5 year route (2 x 2.5 year visas) before you can apply for ILR.

Your wife needs to prove she meets the financial requirement of £22,400pa with evidence of payslips and bank statements.

You require English A1.

Thanks for your reply.
I have one more question based on your reply
Can i be eligible for a spouse visa if i fulfill the financial requirement of 22600 GBP anually and not my wife as she is not employed.

[Obie]

Will your wife get a job lined up for her within 3 months of entering the UK?

Where was your child born?

How do you wish to demonstrate that this requirements are met?

[CR001]

Thanks for your reply.
I have one more question based on your reply
Can i be eligible for a spouse visa if i fulfill the financial requirement of 22600 GBP anually and not my wife as she is not employed.

Your income is irrelevant for a spouse visa from outside the UK. It is your British spouse that has to provide evidence of meeting the requirement.

The only exception to this is if you or both of you jointly hold savings of at least £62,500 for at least 6 months.

[arshalm]

Thanks for all the information that you have provided.
Most of my doubts are clear now .
Will post if i have any further queries.