ILR or Extend Spouse Visa?

[Ningyo2002]

Hi,

My question is complicated. But first some timelines:
1. My husband has British citizenship application approved and ceremony is july 26,2021. Is he British Citizen for the purpose of Visas?
2. We have 1 year old daughter born in UK. She has UK birth certificate, Husband was on ILR then. Is she British Citizen?
3. I lived continuously in UK since 22/12/2010. Currently on Spouse of settled person visa completing 2,5 yr out of 5 yr route valid till 26.07.2021
4. My son is 11, born outside Uk, lived here 22/12/2010 - 5/1/2013, 1/4/2014-till now. Currently on child of settled person visa. Completing 2,5 years of 5 year route. Expiry 26.07.2021

My question is whether I can apply to ILR now based on 10+ continuous residency (different visa categories) or should I extend the Spouse visa?
Also, my son doesn’t qualify for 10 years ILR, but lived continuously 7+ years. Should he extend Child of Britishcitizen visa another 2,5 years. Can he do it on his own?

Thank you for your help!
Ningyo2002

[secret.simon]

1. My husband has British citizenship application approved and ceremony is july 26,2021. Is he British Citizen for the purpose of Visas?

Your husband will become a British citizen on the date of his citizenship ceremony. Till then, he is on ILR. An approval letter does not change his nationality status, visa or otherwise.

2. We have 1 year old daughter born in UK. She has UK birth certificate, Husband was on ILR then. Is she British Citizen?

If the child was born in the UK on or after the date your husband was granted their ILR, then she is a British citizen automatically and can apply for a British passport directly.

I would advise your husband not to destroy his ILR BRP, but to safeguard it, as that is the basis of his daughter's citizenship and she may be asked for it later on in life, including when her own children are born.

My question is whether I can apply to ILR now based on 10+ continuous residency (different visa categories) or should I extend the Spouse visa?

Provided you meet the absence (no more than 540 days absences outside the UK in total and no single absence from the UK of more than 180 days) and other (English language, LITUK, etc) requirements, you can apply for ILR based on Long Residence.

Your son born abroad can apply for ILR along with you (I believe on the same online form, but wait for others to advise on that point). He does not need to complete 10 years residence in the UK if both the parents have acquired ILR or British citizenship and he is resident in the UK with both parents.

Then, as your husband will likely have become a British citizen by then (after the citizenship ceremony and naturalisation certificate), after your son and you have been granted ILR, both of you can immediately apply for British citizenship yourself (assuming you meet the absence and physical presence requirements, etc).

[CR001]

@secret.simon set lr does not permit dependents to apply with applicant in the same form.

[secret.simon]

Thank you for catching that, @CR001. Would I be correct in my general understanding that the son can apply for ILR at the same time as the second parent and if so, which would be the most appropriate form for the son to submit?

[CR001]

Thank you for catching that, @CR001. Would I be correct in my general understanding that the son can apply for ILR at the same time as the second parent and if so, which would be the most appropriate form for the son to submit?

SET F once parent has been granted ilr

[Ningyo2002]

Thank you secret.saimon and CR001.

I read somewhere in forum that if you switch to spouse visa on 5 year route (i am completing 2,5 years out of 5) the ILR clock starts over. Did I misunderstand it then? I got worried.

[CR001]

Only the 5 Year ilr clock resets. 10 year LR doesn't not reset.

[Ningyo2002]

Only the 5 Year ilr clock resets. 10 year LR doesn't not reset.

Thank you very much!

I didn’t quite understand when to apply for SET(F) for my son? At the same time as I apply for ILR or after my ILR is approved? His visa expires same time as mine.

[Ningyo2002]

I would very much appreciate if you could reply my last question. It decides if I should do superior service with extra 800 so can submit my son’s application in time before 26 July.

Thank you in advance