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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi, To get to the point, my daughter was born in UK In

Customer Question

Hi,

To get to the point, my daughter was born in UK In Edinburgh on the 16 of Aug 2011 and she left the country on the 23 Jul 2013 and she still away with her mother since that day, my question is if I get the permanent residence will she get the citizenship even if she spend more than 180 days out side UK? Will my wife get the permanent residence when I get mine ?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.

Hello,

You are entitled to apply for registration of your daughter as a British Citizen once you obtain your permanent residency/indefinite leave to remain (PR/ILR) in the UK.

It does not matter that she will spend more than 180 days out of the UK as your daughter is entitled to be registered as a British Citizen once you get PR/ILR, it is not discretionary. You need to use form MN1: http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/nationality/form_mn1.pdf

You need to give more details on what visa you and your wife currently hold, how long you have both lived in the UK etc for me to advise whether or not she will obtain PR/ILR when you get yours.

Hope this helps

Hope this helps

Customer: replied 2 years ago.

Thank you very much for your answer. I held a visa short term student from 1 May 2005 to 1 Nov 2005, then I extended it twice the 1st one from 3 Dec 2005 to 28 Feb 2006 the second time I extended from 29 Mar 2006 to 31 Aug 2006, And got visa student from 27 Sep 2006 till 31 Oct 2007 then I started my course in university and got student visa valid from 25 Sep 2007 until 20 Sep 2011, then extend it in UK but don't know the dates but it was around a year, then I change my visa to dependent from 7 Oct to 15 Aug 2013 after that I held a student visa tier 4 still hold one, my wife held dependent visa from 2008 to 2012 then she change it to student visa tier 4 from 7 Oct 2013 to 15 Aug 2013, she will apply for dependent visa these days, she is been away for 180 days now and it might stay longer outside uk. These as much details as I could give.


 


 

Expert:  UKSolicitorJA replied 2 years ago.
Thank you,

I assume that you intend to apply for ILR on the basis of 10 years lawful residence in the UK. If your wife stays outside the UK for more than 180 days at a time, her continous residence is broken and she will not qualify for ILR at the same time as you.

Once you get ILR, your wife may apply for a spouse settlement visa: http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/

All the best

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