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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7481
Experience:  UK Lawyer holding practising certficate for England & Wales.
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i am Nigerian and have a tier 1 general visa and will be applying

Customer Question

i am Nigerian and have a tier 1 general visa and will be applying for my ILR Jan 2015(after 5 years continous stay in uk). furthermore,i have a wife(who got a dependant tier 1 visa in dec 2013.got married in Nigeria june 2013) and a daughter born in the USA in July 2014(Nigerian/American citizen)-her passport was stamped for 6 months as my dependant at Heathrow and will expire in January.
Seeing i will be applying for my ILR in January;what are the options for my wife and daughter-with an application in January with me?
Daughter-eligible for same ILR or citizenship registration(MN)?????
Wife-eligible for ILR with same application?????
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
Do you earn more than 18600 pounds per annum from salaried employment?
Kind regards
Tom
Customer: replied 2 years ago.

I am a contract doctor and earn more than 40,000 pounds annually

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If you are certain that you are eligible for ILR in Jan 2015 then you can apply at the same time for your child to be registered as a UK citizen on the basis that you will be settled in the UK for the purpose of the British Nationality Act once you have received ILR. Then the child’s status will be sorted and so will yours.
Your wife’s situation is a bit more complicated. She will not be able to apply for ILR at the same time you do because she does not meet the 5 year residence requirement.
Instead, because your status will change from a visa national to a “settled” person she will have to switch to a spouse visa. The UKBA webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk
The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility
If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-
• you and your partner are both aged 18 or over at the date of application;
• your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
• your partner is not related to you in a way that means you could not marry in UK law;
• you and your partner have met in person;
• your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
• if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
• you meet the suitability requirements
• any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
• you and your partner intend to live together permanently in the UK;
• You must meet the financial requirement:-
• https://www.gov.uk/government/collections/chapter-8-appendix-fm-family-members-immigration-directorate-instructions
• This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
• You would also have to show that you meet the English language requirement:-
• https://www.gov.uk/join-family-in-uk/knowledge-of-english

You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• Bank statements from both you and your spouse going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your spouse showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live or that you can afford to accommodate yourselves once here.
She will need to apply for settlement (ie. spouses visa) by using form FLR(M) Settlement, available for download from UKBA's website, once you have obtained your ILR.
Good luck.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom

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