family immigration visa from a workpermit visa

[gk.sarsurmur]

Hello All

Tried to search posts in this section, but dont find a thread dealing with this subject posted here before.I rest my case as below, any advice would be deeply appreciated.

Wife

1. First came to UK in Jan 2005 on a work permit valid until Sep 2010
2. She acquired PR status in Feb 2010
3. She's acquired the BC/UK Passport in Aug 2011

Myself

1. Married my wife in Feb 2007 outside EEA/UK(Marriage certificate etc available from the country of marriage)
2. First came to UK in September 2007 on a 1 year Work-permit (Independent of her visa)
3. Had our first daughter born in December 2007 in London (Full and short birth certificates available with both our names)
4. Switched employer in May 2008 and granted FLR until May 2013(At the same time applied Passport(with me and wife as parents) for my daughter and got her as my dependent when i got stamping for my FLR )
5. Daughter recently has started going to school
6. Am currently employed as well

Queries
1. Is there any hope for me in getting a PR now ? or how long should i wait before i can apply through the marriage route/based on my wife's BC status ? (Am sure the 5 year rule for PR would be gone by the time i would qualify on my own next year - September 2012.

2. Just checked with one of the local lawyers who is supposedly specializes in immigration and he's said that we need to explain circumstances and send letter to home office/ukba about my case and ask if i can apply for PR. Based on the reply we get we could proceed with a application, he's positive that there is a case for me to get PR.
a. Is he correct ? is it technically possible ? Have read section/part 8 of immigration rules and nothing in that says(that my case) its possible for me to get PR. just don't want to be carried away with the lawyers initial advice.
b. Have i got any chance to get a PR now based on the details above ?
c. He says not having registered my marriage here is a big disadvantage - is this correct ? could i do it now and would it be of any use ?

Regards
Sarsurmur

[geriatrix]

1. Assuming your current leave is that of a WP holder, you have two options:
a. Complete 5 years as a WP migrant and apply for settlement, or
b. Apply for leave to remain as spouse of British citizen (FLR(M)) and then apply for settlement as and when you complete the qualifying residential period (under current rules, 2 years from date of issue of FLR(M) leave).

2. Ask the lawyer if he is ready to take up your case on a "no win no fees" basis!!

As for your daughter, she is entitled to be registered as British citizen under section 1(3) of BNA 1981. She doesn't need ILR.

[gk.sarsurmur]

Thank you for the clarification.

1. How long would my FLR(M) be granted for ?
2. Sure i will check with the possibility of this.

[gk.sarsurmur]

Hi

Thanks again, Done some search on this and understand that the initial grant of FLR(M) visa would be for a period of 27 months, at the end of which i could apply for settlement - provided i qualify (2 years still being the probationary period), now 2 questions

1. If the probationary period changes from 2 to 5 years after the grant of my FLR(M) for 27 months - would there be some provision for me to extend my stay under the same category for another X years to qualify for the new probationary period.

2. Will switching FLR(M) have any work restrictions - removed (i could work with any employer is what my assumption is - which is better than my current work permit) ?

Any advise appreciated

Regards
Sarsurmur

[geriatrix]

1. As on date, only the immigration policy strategists can answer whether your question is even a relevant one and, if it happens to be, what will be the policy that would apply to you ... not anyone here on the forum.
2. No.

[gk.sarsurmur]

Thanks again

1. Ok..its an unknown uncertainty at this stage.

2. Which part the "No" Applied for (apologies i've put too many questions there) is unclear. So to put it simply , I could work for any employer after i get FLR(M), am i correct ?

Thanks for your continued patience.

Regards
Sarsurmur

[geriatrix]

2. Which part the "No" Applied for (apologies i've put too many questions there) is unclear.

This part:

2. Will switching FLR(M) have any work restrictions