ILR 10 year Long Resident or 5 year Teir 1 General confused

[zohaib001]

Hi

ILR 10 year Long Resident or 5 year Teir 1 General confused because of my dependants;
I have couple of queries regarding my dependants if I apply ILR through the long residence route.
Currently I am on my extended Tier 1 General which is due to expire on the 31 Jan 2014 and via Long residency route I am completing my 10 Years on the 9th September 2012 which is after one week so I am confused which route shall I follow to obtain an ILR with Family asap. I have two dependants i.e. my wife and a toddler. My wife has her dependant Teir 1 general Since sep 2009 but she has stayed out of UK for approx 10 months last year.

So if someone can advise me which is the best route to get ILR for all?

Also If I apply through Long resident route do I have to change the status of my dependants again? And If that's the case so do I have to apply every one's together?

and after that how many years my wife has to wait for an ILR? and would her previous UK residency will be count?

and if I chose tier 1 general route initially I applied in june 2008 but rejected and though appeal I got it in jan 2009 so when will I be eligible though this route? Thanks

I know I am confused so Please help? Thanks

[Ged]

As probably you know, you cannot apply with your dependants if you chose to go for 10 years route. However, as soon as you get your ILR through 10 years, there are some options opening for your dependants. The following link is useful to judge the consequences of going for the 10 years route;

http://www.immigrationboards.com/viewtopic.php?t=105162

For dependants of 5 year route, have a look at this link;

http://www.immigrationboards.com/viewtopic.php?t=79378

Hopefully, these should help you judge the implications of each approach yourself.

[zohaib001]

If I take long residency route; I have to apply FLR(M) for my dependants
and after getting FLR(M) I can straight apply for SET(M) and SET(F) for my wife and daughter respectively.

is this the right approach?

and does the UKBA has limitation of days they can be out of the country under this route? FLR (M) and SET (M)

Thanks

[Ged]

First of all, since your wife has been here as your tier 1 dependent for some time, you are subject to the old rules. This means your wife needs to be here for 2 years to qualify. She has been here already for more than 2 years, which means she already qualifies. It is clear that you have plenty of visa on your passport, which is also very good. By the time your postal application is resolved, your wife can apply directly for ILR using SET(M) form, even via PEO if you want to accelerate the process.
I do not know much about the toddler, but as far as I know, it might be possible to get him a British Passport directly. You need to confirm this.

[zohaib001]

That sounds like a short cut but it is said that FLR(M) is a temporary stay which has to be taken after ILR of main applicant.
I dont understand on what basis we can eliminate this FLR(M) process?
the other thing is my wife and my passport been stolen in karachi so we dont have stamps on the passport but yea UKBA will have record for that.

[Ged]

It is up to you to chose. In addition to the links I have given earlier, you can read through this sticky post;

http://www.immigrationboards.com/viewtopic.php?t=86454

There is an extensive discussion that includes some references that may assure you about this "short cut".

[zohaib001]

Thanks for the prompt reply;
Yes I have just seen that post ... but in that he has applied FLR(M) in october and then got his wife applied for SET(M) in Feb next year.
so that clearly shows that I don't have to wait for 2 years

but it does not show that anyone suggesting to directly apply;

I just went though the UKBA site and found this as the requirement to apply for SET(M)

You should use application form SET(M) if you:

*currently have temporary permission to remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a person settled here;
*have lived here for 2 years in this category; and
*are still planning to live together (and are still married or in a civil partnership, if applicable).

under which does it mean that one can only apply for SET(M) if they have dependant visa of ILR so would that mean FLR(M)?
have lived here for 2 years under this category.( this makes me confuse as about what category are they talking about) as if as in my situation my wife is here already in another category she has done her two years.

Please though some light on these points kindly and please clarify; many Thanks

[Ged]

The initial link I sent is explaining all the rational of why you can use SET(M) directly. The information you copied from the UKBA also confirms this. I have no other way of assuring you unfortunately. The path I suggested to you is what I am intending to use for myself, and my wife.

I am not an expert, just telling you what I know, and where I saw it.