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LawyerAk, Solicitor
Category: Immigration Law
Satisfied Customers: 1691
Experience:  Expert in Immigration and family law
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My wife is a doctor on tier 2 visa and eligible for ILR now.

Customer Question

my wife is a doctor on tier 2 visa and eligible for ILR now. Currently in a job which ends in August 2021, but she is already been accepted in another training job for the next three years till August 2024.My worry is the document needed for the current employer that she is still
needed for that job. We have a letter to state her current contract ends in August 2021 and another letter from the new employer as an evidence that she is needed for her new job from August 2021 and for the 3 years i.e. till August 2024.Are these two documents enough as an evidence from current and new employer if she is going to start her new job after ILR?I have asked two solicitors and had two different opinions. Someone said it is ok to apply and the other said there is a risk the ILR will be rejected as she will not continue with the current employer for the foreesible future. The second solicitor advised us to apply for tier 2 visa then apply for ILR with the new employer.
I would really appreciate your help with that matter.Thanks
Submitted: 9 days ago.
Category: Immigration Law
Expert:  LawyerAk replied 9 days ago.

Good afternoon, as she is switching employers it would not be advisable to apply for ILR yet and await until her new tier 2 is issued then apply for ILR.

Customer: replied 9 days ago.
Now, when she gets ILR, can she apply for british citizenship directly or wait for another 12 months? P.S. I already have british citizenship
Expert:  LawyerAk replied 9 days ago.

She would need to await 12 months before apply for British citizenship.

Customer: replied 9 days ago.
Even if her husband (myself) has british citizenship? I guess there is a new rule from January 2021
Expert:  LawyerAk replied 9 days ago.

You would need to be under the partner route then with British husband can directly apply when receive settlement.

Customer: replied 9 days ago.
Ah ok. Thanks
Expert:  LawyerAk replied 9 days ago.

Kind regards.

Customer: replied 9 days ago.
One final Q:
I have a daughter who was born abroad. Currently On tier 2 dependent visa as her mum does not hold ILR status yet.
My question now, given that I am a british citizen, and when her mum gets ILR, do I apply for ILR for my daughter or can I apply for british citizenship directly?
Expert:  LawyerAk replied 9 days ago.

Once you obtain ILR depending on how long she has been U.K. will determine when she can naturalise as British citizen.

Customer: replied 9 days ago.
Sorry. I did not understand that point. When my wife gets ILR in few months and I am already a british citizen.
My daughter has been in UK since March 2014. By the time her mum gets ILR, she would complete 7 and half years in the country.
Do I apply for british citizenship directly or do I apply for ILR then naturalisation provided that both parents at the time will be settled (BC & ILR)
Expert:  LawyerAk replied 9 days ago.

To clarify your daughter would automatically get British citizenship once you get ILR then she can apply for naturalisation.