Dependant child of ILR (long residence) applicant.

[Bihadem]

Hi, I've only recently joined this forum and am a bit unsure as to whether my questions had been answered elsewhere/ previously (if so apologies for another such post and would appreciate a link to the response) and how to approach my 10 yr ILR application specifically as it relates to my wife and son (born in the UK). Background:
1. I intend to apply for my 10 yr ILR in October and my wife has been in the UK as my dependant first as a Student dependant (from 2006) and as a Tier 1 dependant since Jan 2010.

2. We had our son in February 2010 and got him a dependant visa in Sept 2010 when we had travelled out of the UK.

3. I had intended to apply for an extension for my wife using FLR (M) as she wouldn't be eligible for ILR but am unsure as to how my son fits in.

My questions therefore are:
1. Should I include my son on the FLR(M) form with my wife even though he was given birth to here in the UK and considering he already has a dependant visa valid until Jan 2013 (same as myself and wife) OR

2. Should I just wait until I get my settlement and my wife's visa extended then apply for his registration using MN1 considering that we do not intend to travel any time soon until we have sorted the visas out?

Many thanks in anticipation of any responses or guidance.

[geriatrix]

When is your wife's and child's current leave due to expire?
Do you have any reason to believe that your settlement application may be refused (i.e. - are you absolutely sure that you meet the requirements, and there is no element of uncertainty / doubt / dependence on discretion)?

[Bihadem]

many thanks for your prompt response Sushdmehta. Their current leave expires in Jan 2013 and I do not see any reason why my application would be refused. I am quite positive on that.
Could you also help clarify if she can apply for her ILR immediately after I get mine and she gets the extension on her current dependant visa (using FLR (M)) as she would have been resident with me for the past six years?

[geriatrix]

Since your child has current leave therefore he is subject to immigration control and (technically) will become an overstayer after expiry of his current leave.

If you do not include him in your wife's FLR application and for any reason if your settlement application is refused after the expiry date of your leave, he will have no right of appeal (since not included). On the other hand, if your settlement application is approved then any such "overstay" will have no relevance to his registration as a British citizen.

With the above in mind, you can decide whether you wish to include the child in your wife's FLR(M) application or not.

As for your wife, read this topic

[Bihadem]

Once again many thanks for the clarifications and links.

[shankares]

Hi I have recently got ILR (long residence). My wife is in Tier-2 visa. Can she qualify for ILR as my dependent? and how long does she need to wait 2 or 5 years? does she need to switch to FLR (M) or apply directly for ILR?

[vinny]

See also Dependant of ILR (long residence) applicant on PBS leave.