ILR options for my wife PLEASE advise...

[huqqapani]

I am currently waiting for British Citizenship (on the basis of 10 years Long residence and 1 year ILR). My wife joined me in June 2011 from South Asia on a Work Permit dependent visa. She was transferred to Tier 2 dependent in February 2013 and then to FLR(M) in April 2014 after I received my ILR in November 2013. Also we are expecting our first baby this summer.

I understand that under the new rules she has to wait for 5 years on FLR(M) visa before she is eligible for ILR. I am a qualified Chartered Engineer and have had international visits/work experiences in my last 8 years profession. I have had several offers from other countries due to my experience. The offers are based on 2/3 years contracts however I am not sure what should I do as it may have a bearing on my wife's ILR. The fact is that we want to live together whether here or abroad.

So the question to gurus is really:
1) what is the best way forward apart from me waiting till Apr 2019 (when she is eligible to apply for ILR), the opportunities I am getting now may not be there by then
2) If I was to go abroad on my own, how would it affect her chances of ILR? i.e. requirements regarding the BC partner being present in UK etc.??
3) If she moves goes with me and her FLRM expires (2017), how would she re-enter after my contract abroad finishes. Would she have to apply again on FLRM from abroad when she accompanies me? Can she renew her FLRM before it expires by returning to UK or staying abroad? would the 5 year clock reset if she enters after her FLR(M) expires?

[huqqapani]

Anyone please

[Obie]

When was the application that resulted in the grant of leave made?

[huqqapani]

I assume you are asking about wife FLRM application, this was a same day appointment in end April 2014. Up until then, she had been on WP dependent (from June 2011) and then Tier 2 Dependent (March 2013) visa.

[Obie]

she will have to wait until End of April 2019 to qualify for ILR. Had you applied at the earlier part of April, she would have qualified for ILR now.

[huqqapani]

obie thanks for response however can you also please comment on points 2 and 3 in my first post.

[Obie]

It goes without saying, that if you choose to relocate, there will be consequences on your wife's ability to secure ILR.

Well the choice is yours either relocating with the family or your wife's ILR.

Excessive absence, will mean you are not present and settle and therefore she will not be entitled to continued residence, although certain provision may apply once the child is born.

[huqqapani]

obie thanks,

can you please elaborate the provisions relevant to child which could have an impact on my situation.

[Obie]

Too complex to explain and write about.

Perhaps you could seek legal advise prior to you departure, if you decide to relocate, once the baby is born, as the rules changes every so frequently. What i say now, may not be valid then.

[huqqapani]

obie

thanks for advice, but my decision to leave UK is dependent on how wife's ILR is affected.

Could you at least point me to the provision you are referring and I will explore this further on my own?

[Obie]

see Immigration Rule Appendix FM

[huqqapani]

obie many thanks. I had a quick scan through it, were you referring to the exemption below:-

'Section EX: Exceptions to certain eligibility requirements for leave to remain as a partner or parent
EX.1. This paragraph applies if
(a)
(i) the applicant has a genuine and subsisting parental relationship with a child who-
(aa) is under the age of 18 years, or was under the age of 18 years when the applicant was first granted leave on the basis that this paragraph applied; (bb) is in the UK; (cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application ;and
(ii) it would not be reasonable to expect the child to leave the UK'

[huqqapani]

Gurus/Obie

if my wife goes with me abroad and return in time to renew her visa in 2017, would that affect her extension for next time around.

She is a mother of BC son who will be 2 years old in 2017?

I am in desperate need of options as I really want to take my family with me abroad, please advise.

[physicskate]

Gurus/Obie

if my wife goes with me abroad and return in time to renew her visa in 2017, would that affect her extension for next time around.

She is a mother of BC son who will be 2 years old in 2017?

I am in desperate need of options as I really want to take my family with me abroad, please advise.

You already know that it may/will have an impact. Worse case scenario your wife will have to start the visa process over from scratch at some point in the future and you will need to meet the requirements of a spouse visa at some point in the future. In that case (worst case), her clock to ILR would be re-set. The rules change too frequently for anyone on this forum to comment on the situation in several years time.

If your wife does not live in the UK from 2015-2017, I would think it would mean she cannot 'extend' her visa... but that's just my opinion.

[secret.simon]

I am in desperate need of options as I really want to take my family with me abroad, please advise.

With respect, huqqapani, this thread has been very clear.

There are two options;
a) Take your family abroad. Your children born overseas will have British citizenship through you, but your wife will not get British citizenship or ILR.
b) Stay in the UK till your wife qualifies for ILR (and if necessary, for naturalisation). Your entire family will then have British citizenship, but you will have lost out on work opportunities.

I do not mean to be harsh, but the rules are (unusually) quite clear on this. Given the rhetoric of the government, they will only make it more difficult in the future to get ILR & naturalisation. I would strongly recommend Option 2 on that basis.

But TINA (There Is No Alternative).

[huqqapani]

I am in desperate need of options as I really want to take my family with me abroad, please advise.

Your children born overseas will have British citizenship through you,

Is that correct, I thought if you are not a BC from birth (like I am not), your children which are born abroad don't automatically qualify for BC. Or I am confusing with some other requirements?

[i.need.help]

You have to decide which is more important for you.

Your career or your wife's ILR. It's as simple as that.

[geriatrix]

Is that correct, I thought if you are not a BC from birth (like I am not), your children which are born abroad don't automatically qualify for BC. Or I am confusing with some other requirements?

Your children born outside UK, born after you became a British citizen, will be British by descent.

[huqqapani]

Is that correct, I thought if you are not a BC from birth (like I am not), your children which are born abroad don't automatically qualify for BC. Or I am confusing with some other requirements?

Your children born outside UK, born after you became a British citizen, will be British by descent.

Confused! 'By Descent' can't transmit the BC. Who and how does that affect me or my son.

[Obie]

Is that correct, I thought if you are not a BC from birth (like I am not), your children which are born abroad don't automatically qualify for BC. Or I am confusing with some other requirements?

Your children born outside UK, born after you became a British citizen, will be British by descent.

Sushdmehta i think the child in question is already born and is a British Citizen, otherwise than by descent. So that issue of citizenship acquisition is academic, I believe.