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Apply In what order?

Posted: Thu Nov 03, 2016 10:28 pm
by midastouch
Hi seniors.

I need some advise. I have recently got my ILR on 10 year long residency basis .Before switching over to ILR, I was on Entrepreneur visa, my wife is still on Entrepreneur dependent visa which is expiring in March 2018. My son is 3 years old now, born here in UK . He has got Pakistani passport, I haven't applied any visa for him yet

I have got two questions.

1. For my son should I apply for registration of a child under 18 as a British citizen (MN1 form) first or apply my wife as dependent of a person settled in UK first?

2.As my wife has got T1 Ent dependent visa till March 2018, if, for her, for the sake of argument, I am not applying for dependent of a person settled in UK, what will be consequences if she is travelling outside UK and coming back? do I have any deadline to change her category or she can stay here legally till March 18?


Regards

Re: Apply In what order?

Posted: Thu Nov 03, 2016 10:35 pm
by Casa
midastouch wrote:Hi seniors.

I need some advise. I have recently got my ILR on 10 year long residency basis .Before switching over to ILR, I was on Entrepreneur visa, my wife is still on Entrepreneur dependent visa which is expiring in March 2018. My son is 3 years old now, born here in UK . He has got Pakistani passport, I haven't applied any visa for him yet

I have got two questions.

1. For my son should I apply for registration of a child under 18 as a British citizen (MN1 form) first or apply my wife as dependent of a person settled in UK first? Now that you have ILR you can register your child on MN1 form.

2.As my wife has got T1 Ent dependent visa till March 2018, if, for her, for the sake of argument, I am not applying for dependent of a person settled in UK, what will be consequences if she is travelling outside UK and coming back? do I have any deadline to change her category or she can stay here legally till March 18? As you were granted ILR under long residence your wife has no choice but to switch to a FLR(M) visa. This will reset her immigration clock to zero and put her on a new five year route to settlement. (2.5 + 2.5 years). In addition to the visa fee she will also have to pay the £500 NHS surcharge. She must switch before travelling outside of the UK.


Regards

Re: Apply In what order?

Posted: Thu Nov 03, 2016 10:36 pm
by LilyLalilu
No need to apply for settlement for UK-born son, apply straight for registration as BC using form MN1. He acquired an entitlement to registration as soon as you obtained your ILR.

Re: Apply In what order?

Posted: Thu Nov 03, 2016 10:39 pm
by midastouch
Thank you very much Casa for your quick reply. You're always very kind and helpful :)

Re: Apply In what order?

Posted: Thu Nov 03, 2016 10:41 pm
by midastouch
Thanks Lily :)

Re: Apply In what order?

Posted: Thu Nov 03, 2016 10:44 pm
by Casa
midastouch wrote:Thank you very much Casa for your quick reply. You're always very kind and helpful :)

You're very welcome.