LR ILR approved ,dependents on Tier 1 general

[Shah74]

Dear Amber and senior members,
I've been reading this forum since last couple of years and to be honest always had answers to my questions.
Currently in a situation for which I need advice from senior members . I have couple of choices but a bit difficult to decide which one to opt for due to recent changes for long residence dependents.

I came to UK as student May 2004 currently on ILR approved recently.(long residence)
Family joined me here in June 2006 ( included my wife and two daughters ).

Changed to PSW in 2008 and then to Tier 1 general . My dependents remained with me during that period and their leave is valid until the end of next year.
My son was born here for which I will submit form MN1.

Can you kindly advice me on what to do now in order to apply for ILR for my family ( wife and two daughters) ?
My family has been living here since over 8 years and looking in to the current scenario I cannot decide which will be the shortest and best possible way to apply for them .
I would appreciate your help if I can get some advice on this.
Kind Regards
Shah74

[Amber]

FLR(M) if you/they meet the Financial and English requirements.

[Shah74]

Afternoon Amber ,

Thanks very much for your prompt reply. I appreciate that. I can meet the financial requirement as mentioned in flr m.

After reading so many post am a bit confused and would appreciate your help.
kindly correct me if i have not perceived it the right way.

After applying on FLR M my family will be given 2 years extension ? (1) Will they have to wait for the qualifying period before they apply for set m ( ILR) though they have been here since last over 8 years ? Just trying to clarify myself in order to pick the right path for them with less duration of time.

Kind Regards
Shah74

[Obie]

She may qualify in 2 years under Long residence, but will have to apply under the new family rules, which will provide a 5 years pathway to settlement, if you meet the financial requirement.

Provided of course the ten years rule will be in place 2 years from now.

[Shah74]

Thanks Obie, My understanding was that once FLR M is granted they can switch to set M (settlement) and of course route to apply under the long residence is an option as well.
Kindly suggest/direct me what would be the best option for me to go with for my kids and wife . they still have at least a year before current leave expires.

Kind Regards

[Obie]

Well she has no option, but to apply under appendix FM, as you went for ILR under Long Residence. Therefore she cannot qualify under 319E any longer. The government crazily removed 284i for dependent of PBS Migrant who were on the path of Settlement, instead of simply redefining PBS migrant for the purpose of 284 so as to exclude Tier 4 General Migrant, or allowing PBS migrant on the path to settlement to amalgamate the leave they accrued under the PBS system.

The children could be registered. It will be easier for the one born in the UK to qualify under Section 1(3), but you will need to demonstrate a lot more the the ones under 3(1), as their registration will be discretionary.

[Shah74]

Hi Obie,
Thanks very much . I appreciate that.
Yourself, Amber and team members are absolutely great people helping loads of people like myself saving them time and money.
I believe the best option for my wife and kids(born abroad)will be to go for FLR (M) now or in near future coz of no other option. My only concern is the duration of time for them for settlement.

Is there any possibility of changes in current rules in near future ? Apologies for this question but the reason to ask was based on your extensive experience and knowledge.

With Kind Regards
Shah74

[Shah74]

Hi Obie & Team,

Hope you are all well and thanks very much for your help in the previous post.
Can you kindly help me with one more question. I believe that B1 (entry level 3 CEFR Equivalent) is higher than A1 qualification. Does that satisfies the requirement for FLR M or the person will have to do A1 for FLR M. My wife previously did B1 but due to change of plan she will need to go for flrm now and the requirement says A1 qualification.
Thanks very much
Kind Regards
Shah74

[geriatrix]

C2 > C1 > B2 > B1 > A2 > A1
Knowledge of English

[Shah74]

Afternoon All,

Thanks very much.
Did checked with a test provider and they said that it is better to have A1 though B1 is a higher standard as compared to A1 which does not make sense to me. Also it is mentioned in the guidance notes that A1 or above and she has already done B1.
Much appreciated.
Kind Regards
Shah74

[Shah74]

Dear Sushdmehta , Obie, Amber & Team.

Much appreciated for your prompt replies in the previous posts.Another question to clarify myself on flr m.

: Flr m 7 A financial requirement : Wife and kids have been my dependent when I had tier1 general now ILR ( long residence).They have been dependents since last 9 years. I do meet the financial requirement ( salary around 35k) plus.

Do i need to fill section 7A Financial requirement also 7B maintenance or just 7B
I dont take benefits mentioned in section 21 (Guidance notes) apart from child benefit (which i've been told by HMRC that i am entitled to claim).

Many Thanks
Shah

[geriatrix]

I stand to be corrected but I believe it is both 7A and 7B, and then 7C too.

[Shah74]

Dear Sushdmetha & Team,

Thanks very much for guidance in the previous posts.All went smooth, Highly appreciated.

I'm planning to apply for my spouse ILR based on long residence in couple of months and wanted to clarify my self on one question.
My 2 kids were given initial visa when they moved to UK with my wife which of course is inline with my wife's status.All of them will complete their 10 years lawful residence in 3 months time. Can she apply for ILR just herself and then we can apply for kids MN1 certificate or no.I'm myself on ILR and will apply for naturalisation soon.

Many Thanks & kind regards
Shah

[CR001]

Were your children born in the UK?

How old are your chirldren?

Assuming they were not from what you have posted. Children born abroad are expecting to hold ILR before they can apply for citizenship.

[geriatrix]

UK born child - could have applied for mN1 anytime after you were granted ILR. Can do so anytime.
Born-abroad child - As CR001 has mentioned, child is expected to hold ILR before applying for MN1. MN1 application may be made when / after you apply for citizenship.

[Shah74]

Dear CR001 & Sushdmehta ,

Many Thanks for prompt reply.

My youngest child was born here and has British passport. Age 6 year
Two of my kids were born abroad. 12 year & 15
I have ILR (long residence) and will apply for citizenship soon.
Wife is on flr m along with two kids (living in Uk over 9 years).

I believe when i get my citizenship and wife gets ILR I can apply for MN1 for two kids but what I was not sure of is that Can my wife apply for ILR just herself ? or I have to apply for kids at the same time. Kids visa was issued in line with mother .
Your expert opinion will not just save time but money as well.

With Kind Regards
Shah

[CR001]

Your wife and children will need to apply for ILR either via FLR(M) after 5 years or 10 years long residence.

Long residence applications cannot include dependents. Children will have to apply separately.

There is no easy way to save money, there is no discount for family applications. Each applicant for ILR has to pay the same fee.

[Shah74]

Thanks for your reply CR001.

Based on MN1 guidance ( Home secretary discretion) I thought my kids would be able to apply once I have citizenship and my wife has ILR which I believe is not the case anymore. I will need to apply for there ILR seperately.

Based on long residence my wife can apply first and later I will apply for kids though they all will complete their lawful 10 years residence at the same time ( in next three 3-4 months )
Appreciate your time and help on this confusion.
HIghly appreciated.

With kind regards
Shah

[CR001]

Children born abroad are expected to hold ILR, nothing has changed there, even more so that your children are teenagers and also need to meet the good character requirement.

[Shah74]

My perception was not correct, I always thought that once I am naturalised and wife has ILR they would be able to qualify based on Home Secretary discretion which is not the case anymore. My purpose of asking was more to cut down time than money but now they will apply for ILR first and than wait for another year for naturalisation. As you mentioned earlier that children born abroad are expected to hold ILR .

Kind Regards
Shah

[Shah74]

Dear CR001, Obie,Geriatrix & Team

Hope you are all well.
First of all thanks very much for your precious inputs regarding my queries in the past.Absolutely fantastic.I have a couple of question for my kids and wife ILR due in a couple of days. If you can kindly help me with the below memntioned.

My two kids born abroad have lawfully completed there 10 years stay in UK including my wife. I will apply for their ILR shortly based on long residence ( Form LR ) separately for each individual .Currently all of them are on FLRM issued recently.

1 Can my wife apply now and kids under 18 apply later at some point or they all need to apply at the same time.( Bearing in mind that they initially were issued visa in line with their mother 10 years back.

2 Good character requirement - Do I need to request their school for that or something else needs to be done.

3 I do not have necessary documents for the kids to prove their stay in UK apart from passports ( Visa stamps etc) i can request doctors letter from relevant surgery. ( they probably charge for this service).Is that good enough.

4 Last one is that once kids under 18 have ILR can they apply for naturalisation MN1 or they will have to wait for a year.

Thank you all in advance and looking forward to your reply.

Kind Regards

[CR001]

1. Yes they can apply at different times. There is no 'dependent' allowed on form Set(LR). Provided your children still have valid visas, they can apply later.

2. Not for Set(LR) no.

3. Why don't you have their original entry passports? You will need letters from schools, GP and any others you might have. How old are the children?

4. They will qualify when you or your spouse qualify for citizenship.

[Shah74]

Dear CR001,

Thanks very much for your reply. My apologies for not clarifying the whole of situation.
I am a naturalised citizen (LR) along with one kid born in UK ( citizenship through MN1)

Two kids (under18) and wife currently on FLR M valid for over two years.They have completed 10 years lawful residence as well.
I have all the relevant passports with stamps etc for kids but thought that am I suppose to add additional documents as proof for being living here since last 10 years like we do for an adult.

I was advised previously that kids born abroad are suppose to have ILR which is fine but once they have ILR along with their mother or later will they have to wait for a year to be naturalised or can they apply through MN1 straight away.

With Kind Regards
Shah

[CR001]

If you have all their passports, including the one they entered the UK on originally, that is all that is needed. You can get a letter from their schools if you wish. Do they meet the absence limit criteria?

How old are your children?

[Shah74]

Dear CR001,

I do have all the passports including the one they originally entered with.
Both meet absence criteria and are under 18 . One 16 and the younger about 14.

Many Thanks & Kind Regards
Shah