Child born abroad to settled parent

[Mariff]

Hi,

I know this has been asked many times but I cannot find a definite answer (with regards to new rules in 2015)

I received ILR (long residency) in Aug 2015 .
My wife and 2 children are on Tier 1(General) dependent VISA (expiring in Aug 2016)

Elder Daughter born in Uk 2009
Younger Daughter born in Pakistan 2010.

My wife came to uk in 2008 and went back in Mar 2010 and came back in Jan 2012 (with my younger daughter)

I have already applied for Naturalisation for my elder daughter.

Now do my wife and younger daughter have to go to the 5 year route to get their ILR/Naturalisation?

Do I have to change their VISA now or I can do it any time before their VISA expire?

Help and advice will be appreciated .

Thanks , Arif

[vinny]

Wife and overseas born child should switch to FLR(M), 5 year route.

[Mariff]

Wife and overseas born child should switch to FLR(M), 5 year route.

Thanks for the reply.
Also I can apply for my daughters naturalisation next year when I apply for my British rationality? Thanks in advance.

[sagareva]

I am concerned that apparently your wife and child have not already switched to FLR M.

They basically have no leave now IMHO. They may have cards that say Aug 2016 but they would now be invalid.

Their tier 1 dependent leave would not survive your settlement. So in order to avoid any controversy and a refusal, I'd consider actually applying outside of the UK (under appendix FM to 5-year route).

As for the child, yes you can try to register her as British, despite conditions, once you are naturalised. In the circumtance like this, if your wife is here on the route to settlement and the other parent and sibling are British, there is a chance, but no guarantee.

[vinny]

There's a danger of curtailment or removal. But, if not travelling, then I don't think that leave can be invalid automatically without notice (4(1)).

[Mariff]

Many thanks for the valuable information, I'll be switching the visas soon. Many thanks