wife`s visa

[koshynita]

I am recently naturalised british citizen ( following 10 year rule + 1 year on ILR).

My wife has been continuously resident with me for the past 5 years.

When i received my ILR (last year) she was given a dependant visa for 2 years along with my 2 children aged 6 & 11both born abroad.

Can my wife and children apply for ILR straightaway?

Thankyou for replies
yours

[vinny]

If she entered the UK on a spouse visa, then she may make an application for SET(M) no sooner than 28 days (4 weeks) prior to the 2nd anniversary of her arrival date (see Chapter 8 - Family members, Section 1 - Spouses (4.3)) and before her visa's expiry date.

If she was granted an FLR(M) in the UK then she may apply no sooner than 28 days (4 weeks) prior to its expiry date and before its expiry date.

Note that if she is under 65, then she must complete the Knowledge of life in the UK requirements beforehand.

If she cannot satisfy the requirements of SET(M), then she would have to apply for FLR(M) instead.

Your dependent children, who are not visitors, may also be included on your wife's form.

[John]

Can my wife and children apply for ILR straightaway?

No, you now being a British Citizen makes no difference to your wife and family ... yet! The ILRs can be applied for in the last 28 days of the validity of the 2-year visas.

However, as soon as ILRs granted, applications for Citizenship can be made immediately, given that your wife is now married to a British Citizen .. you! That is, there will be no need to have had ILR for at least one year.

Has your wife already passed the Life in the UK Citizenship test?

[koshynita]

thanks for reply

I am a bit confused.

Am i right in assuming my wife can only apply for ILR in October 2008 (ie...when my wife`s 2 year dependant visa given when i got ILR ends) .........
even though she has been continuosly resident in UK for the past 5-6 years.

await reply

[John]

Yes, that is correct. ILR application can be made in October 2008.

By the way, I don't think "dependant visa" is the right terminology for your wife's visa. Following the issue of your ILR your wife was issue with a standard 2-year spouse visa. Likewise your children got standard 2-year child settlement visas.

These visas give better rights than "dependant visas". For example, and obviously not wishing this to happen, if you do not survive as long as October 2008, your wife would still be able to get her ILR, even though you would not around, something that would not apply if she was indeed on a "dependant visa".

Anyway, by the end of 2008 your wife and children might all be British Citizens!

A side matter ..... you are now claiming Child Benefit and Tax Credits?

[koshynita]

thanks john

My citizenship ceremony was at manchester yesterday and i have received the citizenship certificate.

I applied for citizenship on the 26th of September and contrary to many posts regarding delays etc was pleasently surprised when i received a favourable answer on the 10th of october which was followed by citizenship ceremony invitation at manchester.

I send my documents thro Bolton register office.
Mrs louise who dealt with my application was very thorough, friendly and professional.I had sent more documents than actually necessary to prove various points which may have helped in the prompt response.
Overall the service was very good and there is ample car parking space at bolton unlike my original choice Manchester.


I would also like to state i have immensely benefited from this forum in clearing my doubts about immigration matters especially from john and other moderators/ contributors and read with interest " victoria" comments.

and the final part of your question.....yes i applied for child benefit but not for tax credits which i am not very clear on....ie..wether eligible to apply etc.

As far as immigration is concerned what remains ......is obtaining naturalisation for my wife and children...

many thanks

[John]

Congratulations on becoming a British Citizenship .... yesterday.

You and your wife are most certainly entitled to claim Tax Credits and should do so as soon as possible.

If you are not already on the electoral register (as a Commonwealth or European citizen) you should now get yourself on to the register as soon as possible. We now have "rolling registration" which means you have not got to wait until you get the form next September.

[avjones]

Congratulations!