Wife Daughter ILR visa tentions

Old Jun 16th 2014, 5:29 pm
  #1  
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Default Wife Daughter ILR visa tentions

Me and my wife will qualify for ILR in November (currently on Tier-1). Our child born in UK and at the moment doesn’t not have UK visa on passport. We planned once we parents get the ILR we will apply for child’s UK Naturalization process.
But due to some unforeseen circumstances, my wife and child has to rush back home outside UK for few months,
Now I have following confusion and need some guidance.

At the moment my child can go along wife, but would need visa upon re-entry to UK

1- If I get child’s dependent visa now than it will be only valid till November, than she can enter UK before November, but if wife and daughter stays long and comes back UK next year than wouldn’t have dependent visa valid, and I will be on ILR by that time.

So can wife apply for ILR outside UK? And how my daughter will re-enter into UK?
Can they both come back on visit visa and than she apply for her ILR and daughter for naturalization?

What is the best solution?

Any advises would be greatly appreciated.
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Old Jun 18th 2014, 11:13 pm
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Default Re: Wife Daughter ILR visa tentions

Your daughter can be registered as a British citizen using Form MN1 under S.1(3) BNA 1981 once you and/or your wife's ILR is approved. Naturalisation is a different process and is only available to whose over the age of 18.

If your wife is outside the UK for more than six in the last twelve months then she won't be eligible for ILR. If your wife qualifies for ILR before this happens then she can apply for Indefinite Leave to Enter (ILE) from outside the UK. Presuming you obtain ILR at the same time then your daughter will be able to registered as a British citizen before she returns to the UK and can apply for and re-enter on a British passport. This will take time to process however so is probably only an option if your wife intends to spend an extended period outside the UK.

NB: Unless you or your wife are serving in the British Armed Forces then she can only take the Life in the UK test inside the UK and she will need to pass this test to quality for ILR/ILE.
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