Child naturalisation and wife visa ! Please advice

[Lahore]

Hi it's my first post hope I would get useful help from the experts.

I'm currently on Tier 1 and applying ILR under 10 years in June 2012. I have 2 kids who were born in the UK, currently my wife and kids need to fly abroad for at least 8 months and my kids dont have visa at the moment.

Is it gonna be the good idea when I get my ILR then I could apply for my wife Dependent visa and Children naturalisation from Pakistan.

Please advice if that is going to effect on my children or wife visa.

Many thanks.

[geriatrix]

A minor does not naturalise, but registers (if eligible) for British citizenship.

[Lahore]

A minor does not naturalise, but registers (if eligible) for British citizenship.

Thanks for your reply but can you answer regarding my wife question I asked if that would be problem for her because she lived in the UK for 3 years and now due to some family circumstances she has to move back for 8 months along with children.

Kindly advice.

Thanks

[geriatrix]

Which Tier 1 leave do you have?
Since when have you been a Tier 1 migrant?
Since when has your spouse been in the UK as a dependant of a Tier 1 migrant?

[Lahore]

Which Tier 1 leave do you have?
Since when have you been a Tier 1 migrant?
Since when has your spouse been in the UK as a dependant of a Tier 1 migrant?

Short Scenario,

Student Visa from 2002 to 2008

Pws Visa 2008 to 2010

Tier 1 General 2010 to expiring October 2012


My wife came to uk on January 2009 to date.

Many thanks for your reply.

[geriatrix]

If your wife does not return to UK before you are granted settlement and before her Tier 1 (General) leave expires (whichever happens first), then she will need to apply for entry clearance as spouse of settled person.

After you are granted settlement, your children may apply for registration as British citizens through the local British High Commission in Pakistan.


My two cents:
your wife should aim to return to UK before her current Tier 1 leave expires, apply for FLR(M) either at the same time as you apply for settlement, or after you are granted settlement (but before her current leave expires), and after being granted FLR(M) immediately apply for settlement.

If she leaves UK and returns as spouse of settled person (after applying for EC) after a long gap (e.g. - 8 months, as you suggest), then she will be eligible for settlement only after 2 years from the date she enters UK as spouse of settled person.

[Lahore]

If your wife does not return to UK before you are granted settlement and before her Tier 1 (General) leave expires (whichever happens first), then she will need to apply for entry clearance as spouse of settled person.

After you are granted settlement, your children may apply for registration as British citizens through the local British High Commission in Pakistan.


My two cents:
your wife should aim to return to UK before her current Tier 1 leave expires, apply for FLR(M) either at the same time as you apply for settlement, or after you are granted settlement (but before her current leave expires), and after being granted FLR(M) immediately apply for settlement.

If she leaves UK and returns as spouse of settled person (after applying for EC) after a long gap (e.g. - 8 months, as you suggest), then she will be eligible for settlement only after 2 years from the date she enters UK as spouse of settled person.

Mehta you have been so helpful really appreciate that.

My wife tier 1 dependent leave expires on September 2012 and i have plan to apply ILR on June 2012. Just a double check if she comes back to UK before her leave expires, can she apply for the settlement instead she wait for 2 more years.

Many thanks

[geriatrix]

She cannot apply for settlement (SET(M)) before switching to FLR(M).

So if she returns to UK while her Tier 1 (General) dependant leave is valid and applies for FLR(M) then - given that she has been resident in UK since Jan 2009 - she may apply for settlement as soon as she is granted FLR(M) leave.