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Next year I am hoping to apply ILR on the basis of long residence (10 years), I have two dependents; wife (PSW dependent) and newborn son (Born in UK), our visas are expiring together and qualifying just me to fulfil the requirement of 10 years long residence. My questions are:

1. My wife is dependent on me since 2010 as Tier 4 dep and then Tier 1 dep (PSW), can she apply on FLR (M) same time with me as otherwise she will be overstayed her current leave?
2. My son is born in Britain can I register him as BC by submitting MN1 form along with my Set (O) application? Currently I am in the process of sorting his PSW dependent visa.

I really appreciate any suggestions. Thanks

1. Yes.
2. No.

vinny wrote: 2. No.

Thanks vinny for you prompt reply as always,

What you recon the best course of action for my baby boy? What application I need to file for him along with my Set (O) application? Is it FLR (O)?

Currently he doesn’t has any visa however I am apply his PSW dependent visa as he is flying back home later this year for few months.

Thanks

Once decision made on your application you can register him as British citizen with MN1 form, until that he can stay on PSW dependent visa, no worries if his visa expires before decision made on your long residence application, as he is uk born he wont be an overstayer.

Technically, he will be an overstayer, if his leave expires without any pending in-time valid application, while he is in the UK. However, this will not affect his entitlement to British citizenship after you are granted ILR.

vinny wrote:Technically, he will be an overstayer, if his leave expires without any pending in-time valid application, while he is in the UK. However, this will not affect his entitlement to British citizenship after you are granted ILR.

Thanks

vinny wrote:Technically, he will be an overstayer

Thanks vinny,

However can you suggest me just as a safety precaution can I apply his further leave on FLR (O) to safe him being overstayed?

Thanks