ILR for dependents

[FQ]

Hi,

I have recently got ILR on the bases of long resident in UK. I was on Tier 1 status before. My wife is on dependant visa from past two years which will expire in July 2011 and I also have a 5 months old daughter who was born in UK.

1. My question is when I apply for my wife and daughter's visa, which form do I need to fill in ?
FLR__M
SET__M

2. My wife and daughter will get the ILR straight away or they have to wait for certain period?

3. Is there a requirement to pass life in UK and English language test for my wife at this stage?

If anyone could answer these questions then I will be very grateful.

[geriatrix]

Assuming your child was born in the UK before you were granted settlement, apply for registration as British citizen under section 1(3) of British Nationality Act.

As for your wife, how long has she stayed with you in the UK?

English language requirement applies to FLR(M) application. LITUK requirement applies to settlement application.

[FQ]

My wife came in Uk in december 2008

[geriatrix]

Although your wife has lived with you in the UK for at least 2 years, I believe she will need to apply for leave as spouse of settled person (FLR(M)) before she can apply for settlement (SET(M)). I think she may be eligible to apply for settlement as soon as she is granted FLR(M) leave (287(a)(i)(d)).

Given that you have been granted settlement under long residence, I do not think that your wife can apply for settlement straight away despite having lived with you in the UK for at least 2 years (287(a)(i) not fulfilled).

[FQ]

Thanks for providing this information. I have also confirmed with the Home office and they have said the same thing. They have also informed me that my daughter has to apply as a dependent. After a year, my daughter and I will be eligible to apply for a British passport. However, my wife needs to apply for FLR(M) first and then SET(M).

Thanks once again!

[geriatrix]

Your UK born daughter doesn't have to apply for any leave. If UKBA has told you that she must, they have given you wrong advice.

If your daughter was born before you were granted settlement, follow suggestion given in my response above. If your daughter was born after you were granted settlement, she is already British and you may apply for a British passport right away.