Indefinite Leave to Remain (10 Year Long Residence)



  • Hi,
    I have a long story. Hope you can help, please

    I am applying for a ILR (long residence 10 years) next month. I came as a student in 2007, then switched to PSW in 2009. In 2010, I switched back to Student visa for my PhD. Since 2015, I am on a Tier 2 visa.
    My wife came as my dependant in Jan 2012. In Nov 2012, we were blessed with a baby boy. Because of my PhD commitments, my wife went back to India with our son in April 2013 (After staying in UK for 1 year and 3 months).

    After finishing my PhD, I was granted Tier 2 visa in Feb 2015. So, after 2 years of staying in India, my wife and my son came back to UK as my dependant on Tier 2.

    Now I am eligible to apply for ILR (10 year long residence) next month. I have 2 questions

    After getting my ILR, Do, I have to apply for a visa for my child as well (He is 4.5 years old and was born in UK) OR After my ILR, I can straightaway register him as a British citizen.

    Secondly, Because my wife firstly came to UK in 2011, Can She apply for ILR straightaway (In UK continuously for 25 months now, since 2015) OR She has to apply for FLR (M)?
    If she is applying for FLR (M). Would it be 2 year route or 5 year route?

    I would really appreciate your time and effort.
    Thanks very much in advance.
    Looking forward to your reply

    Dr Singh


  • Immigration Adviser

    Good morning @gagzzz

    Firstly, once you have obtained ILR and due to the fact that your son was born in the UK, your son would be able to register as a British citizen.

    Secondly, due to the fact that your wife is on a PBS dependent visa and you will be obtaining ILR through long residence, she will not be able to extend her PBS dependent visa once it has expired. Therefore, before her current visa expires she will have to make an application for further leave to remain as a spouse and complete 5 years on that route before being eligible to make an application for ILR.

    Due to the fact that your wife left the UK for 2 years she would not be able to apply for ILR at this time and will instead be required to complete 5 years as a spouse.



  • Thanks muchly Jason for your prompt reply. Really appreciate your time and effort.

    To apply for FLR (M) for my wife

    1. Does she need to pass Life in UK test and B1/B2 English test?

    2. Apart from £18600 threshold income, I have to show as a sponsor. Do I/we have to show any maintenance funds in my/our account as well?

    Thanks in advance for your help

    Regards,

    Dr Singh


  • Immigration Adviser

    Dear @gagzzz

    Your wife would only be required to pass the life in UK test if she was applying for indefinite leave to remain.

    As this will be her first application for further leave to remain as a spouse, she will be required to pass an English exam to level A1.

    The financial requirement is £18,600 unless any non-British dependent children are involved. There is no additional maintenance requirement.



  • Thanks a lot Jason. Really grateful for your valuable advice.

    However, in terms of English language exam, Someone told my Mrs that she has to pass level A2.

    So I am a bit confused whether she has to take A1 or A2?

    Also to bring into your kind attention, My wife also has an IELTS certificate with 5.5 bands which she passed in 2011 (Expired now).

    Thanks once again


  • Immigration Adviser

    She would need to pass a level A2 exam when she extends her spouse visa in 2 and a half years, however, for the initial application it is level A1.



  • Thanks Jason



  • Hi Jason,

    Does my wife have to pay Healthcare surcharge for FLR (M) application?

    Cheers


  • Immigration Adviser

    Yes she does - It will amount to £500.


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