Hi
First thing first, you came here with WP and moved to Tier 1. Does it mean you changed the job? When you moved to Tier 1, were you given a new 5 years visa under Tier 1 or to continue the permit you had at that time. Based on that, your 5 years start date maybe changed.

I came here on 15th of January 2007 with Work permit. I moved the Tier 1 in May 2008. I changed my job on October 2009 and change it again in Oct 2010.

When I moved to Tier 1, I got 3 years visa which will expire in May 2011. I had first applied for HSMP and got the approval letter however before I applied for visa of HSMP, they cancelled HSMP and gave me a 3 year Tier 1 visa.

I am not sure that 5 years to ILR counts from January 2007 when you first got WP. It might restart from May 2008 when you switched to Tier 1. So it is best to seek advice from legal centres.

Hi,

Guidance notes in SET(O) forms states that qualifying period are as follows: 5 yrs in WP holder, Tier1 and Tier2 categories -- our interpretation is that includes tenure of stay in WP and Tier1 taken together.

If you have managed to find other interpretation, pls advise.

Thx

Hi Ozgur,

To come back to the question about your new baby (congratulations by the way), you don't need to worry about him/her. The UKBA does have some information about this, tucked away on their site.

In their own words: "a child born in the United Kingdom whose parents were not British citizens or settled in the United Kingdom at the time of the child's birth can meet the requirements to be registered as a British citizen.

Section 1(3) applications - children born in the United Kingdom to parents who are now settled in the United Kingdom
If the child's parent has become settled in the United Kingdom or becomes a British citizen, the child will have an entitlement to register as a British citizen. This registration would be under section 1(3) of the British Nationality Act 1981."

This means that as soon as you and your wife get settlement/naturalisation then you can apply for the same for your new child. You can read the full section here - www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/children/britishcitizen/borninuk/

Hope this helps
George
www.lifeintheuk.net

Hi I am in the UK since 15th of Jan 2007. I came here first with a Work Permit which was valid for 5 years but I moved to Tier 1 visa 2008 May. My wife and my 4 years old son are the same came here with me adn they also moved from Work permit dependent to Tiear 1 dependant at the same time with me. I know, I need 5 years to get ILR and that will be completed by Jan 2012 which is 14 months later. However, I will have a new baby in 7 months and I would like to know what will happen to him/her. I know, he will be just a couple of months old when I will apply for ILR. my questions are

-Can he be a British citizen?

- If not, can I apply for ILR for him at the same time when he is 4-5 months old?

- Anything else i need to know?

Kind regards, Ozgur