ILR and citizenship for Spouse

[sanju_dolly]

I will be grateful for a reply to my query.My husband is a doctor and will get ILR status in december 2006 on the basis of being in the UK for 9 years under permit free training and 1 year as HSMP(total of 10 years).I am his dependant and would have been in the UK for 4 years in December 2006 as his dependant.
When would I be eligible to get permanent residence and citizenship?Also,our child who is 19 months was born in India.When can she get citizenship?

[John]

The sequence appears to be :-

• Your husband gets his ILR
• Following that you and your daughter apply for and get 2-year settlement visas
• Your husband applies for Naturalisation as British when he has had his ILR for one year
• Near the end of those 2-year visas for you and your daughter an application would be made for ILR for both of you.
• Immediately following the issue of ILR to the two of you, you would apply for Naturalisation as British, and at the same time include your daughter on the application form so that she is Registered as British

Had your daughter been born in the UK then immediately following your husband's ILR it would have been possible to apply to Register her as British. However as she was born abroad her British Citizenship has been delayed for about two years.

[JAJ]

The sequence appears to be :-

• Your husband gets his ILR
• Following that you and your daughter apply for and get 2-year settlement visas
• Your husband applies for Naturalisation as British when he has had his ILR for one year
• Near the end of those 2-year visas for you and your daughter an application would be made for ILR for both of you.
• Immediately following the issue of ILR to the two of you, you would apply for Naturalisation as British, and at the same time include your daughter on the application form so that she is Registered as British

I think there's a quicker route to ILR and citizenship for the daughter. Once husband has ILR, he can do a separate child settlement visa for the daughter. The daughter would get ILR immediately (2 year waiting period does not apply to children).

Then, when husband naturalises as British, he can include the daughter on his application.

Any problems with this (other than the cost of the separate ILR application?)

[John]

The daughter would get ILR immediately (2 year waiting period does not apply to children).

Are you absolutely sure about that?

[JAJ]

The daughter would get ILR immediately (2 year waiting period does not apply to children).

Are you absolutely sure about that?

No I'm not. But I thought other people had sponsored a child for ILR in similar circumstances. Now, looking at the Immigration Rules, they seem to want (if child is living with both parents) both parents to be settled in the UK.

If that's the case it's a strange rule - Australia and Canada have nothing similar. They just insist that at least one parent is a citizen or permanent resident.

Others with greater knowledge of the Immigration Rules may want to comment. In a situation like this, would there be any scope for an outside-rules grant of ILR?

[sanju_dolly]

Thank you very much for your detailed replies.It appears clear to me now.However it will be nice to more about my daghter's ILR , if someone has been in a similar situation.

[John]

The daughter would get ILR immediately (2 year waiting period does not apply to children).

The person getting their ILR means of course they are "settled" in the UK. However I can't see how that could mean that their child would be entitled to ILR, any more than their spouse would.

JAJ, you mention is both parents have ILR. Indeed that can be seen in para 298(i) of the Immigration Rules. Which explains why a non-UK spouse, having ILR, married to someone who is British, or otherwise settled in the UK, applying for a Child Settlement Visa abroad, to bring their child into the UK, the child will tend to get ILE issued to them.

Para 298 of the Immigration Rules is contained within this part of the rules.

Sanju_dolly, I don't see how this helps you. Your daughter should be entered on to the form FLR(M) which your wife will complete after you have got your ILR. The result should be that both your wife and your daughter will get 2-year settlement visas, near the end of which a form SET(M) will be completed to convert those 2-year visas into ILR ones.