Do I qualify for ILR on 10 year long residence - please help

[gnfonline]

Here is the breakdown of my visa status. Can I apply for ILR based on 10 year long residence?

Student visa 17 Sep 2000 - 30 Nov 2004

Q: do I need to provide evidence that I have been studying for the whole period?

Student dependent visa 1 Dec 2004 - 31 Oct 2009

I met my wife-to-be in the UK while studying and got married in June 2004, then switched to dependent visa, while my wife has been on a student visa since Aug 2003 when she first came to the UK. In Dec 2006, she gave birth to our daughter in the UK.

Q: do I need to provide evidence that she has been studying for the whole period?

Tier 2 company sponsored general worker 15 Oct 2009 - 14 Oct 2011


The company I work for agreed to get me a Tier 2 visa, so I went back to my country and got the visa and came back to the UK on 31 Oct 2009.

Q: Based on the information above, could anyone please advise whether I can apply for ILR in September? What is the process for my wife and daughter to get ILR?

Q: Additionally, my wife is pregnant and the new baby is due in November. If I am eligible for ILR and submit my application in September and get my ILR after the baby is born, will the new baby still be eligible for British citizenship automatically? What is the process to apply one for the new baby?

Many thanks in advance!

[vinny]

See also Chapter 18 - Long residence (276A-276D).

You need to show that you were lawfully and continuously in the UK.

Your wife and child may apply for FLR(M) at the same time you apply for SET(O). Enclose a covering letter for them, explaining that you are applying under long residence.

Immediately after a parent is granted settlement/PR, their child (born in the UK before) is entitled to register for British citizenship (Section 1(3)), irrespective of child's immigration status.

[gnfonline]

Hi Vinny,

Thanks a lot for your reply, exactly to the points, so if I just want to get British citizenship for my daughter, who is three years old now, and the new baby (on the way), the most cost effective and probably easiest way is I apply for ILR in September; my wife and daughter stay on their current visa (valid until Nov 2012). Once I get the ILR, both my daughter and the new baby will be entitled to register for British citizenship. Is it right?

Many thanks again

[vinny]

Your wife should switch to FLR(M), as soon as possible, as her 2-year qualifying period for settlement will start from when she is granted FLR(M).

[gnfonline]

Many thanks Vinny