I got ILR. Can my wife and kids apply for ILR?

Khurram Khizan · Post by **Khurram Khizan** » Thu Jun 30, 2011 12:25 am

I got ILR on 10 years long residence basis. My wife is living with me in UK for more than 5 years. I have 2 kids now. Kindly guide me how to apply for ILR for them or should I apply spouse visa?(they have dependant work visa upto Nov 2012)[/u]

Post by **geriatrix** » Thu Jun 30, 2011 4:01 am

FLR(M).
Wife should also satisfy A1 requirements.

What was your immigration status when you applied for settlement?
Were the children born in UK?

Khurram Khizan · Post by **Khurram Khizan** » Thu Jul 07, 2011 3:31 pm

sushdmehta wrote:FLR(M).
Wife should also satisfy A1 requirements.

What was your immigration status when you applied for settlement?
Were the children born in UK?

I had Teir 2 (work permit) PBS from Dec 2009.
Yes both born in UK

Post by **geriatrix** » Thu Jul 07, 2011 3:58 pm

Your children do not require ILR. See child born in the UK.

Post by **geriatrix** » Thu Jul 07, 2011 4:03 pm

As suggested above, your wife should switch to FLR(M).
Assuming you were either a student / PSW migrant (or in any other immigration category that does not lead to settlement) before switching to Tier 2 in Dec. 2009, then your wife may be eligible for settlement in Dec. 2011 at the earliest.

Khurram Khizan · Post by **Khurram Khizan** » Thu Jul 07, 2011 4:06 pm

sushdmehta wrote:As suggested above, your wife should switch to FLR(M).
Assuming you were either a student / PSW migrant (or in any other immigration category that does not lead to settlement) before switching to Tier 2 in Dec. 2009, then your wife may be eligible for settlement in Dec. 2011 at the earliest.

She was student dependent before Dec 2009.

Post by **geriatrix** » Thu Jul 07, 2011 4:06 pm

Khurram Khizan wrote:I got ILR on long residence basis and applying for my wife (entered in UK in Oct 2005) and 2 kids (born in UK) as Spouse Visa.

1- I need income requirement and funds maintaining requirement if any body knows.
2- Once they got Spouse visa what is the further remaining period to apply ILR for them. they got Teir 2 dependent in Dec 2009.

Thanks in advance.

Post by **vinny** » Mon Jul 25, 2011 12:51 pm

Khurram Khizan wrote:I am married and my wife joined me in UK in October 2005. At that time she entered as a student dependant. In Dec 2009 she got Tier 2 dependant. Recently I got ILR on long residence basis in June 2011. On 15 July she got spouse visa.

I was advised in this forum that my wife can apply for ILR in Dec 2011 as she will complete 2 (from Tier 2)years but at Croydon HO case worker advised not to apply on this basis as she must complete 2 years from spouse visa and previous time is not considered.

I will appreciate any advise on this matter and any guideline issued by HO?

287(a)(i)(d) seems to imply that previous time as a PBS dependant may be considered.

Khurram Khizan · Post by **Khurram Khizan** » Mon Jul 25, 2011 1:23 pm

Khurram Khizan wrote:
sushdmehta wrote:As suggested above, your wife should switch to FLR(M).
Assuming you were either a student / PSW migrant (or in any other immigration category that does not lead to settlement) before switching to Tier 2 in Dec. 2009, then your wife may be eligible for settlement in Dec. 2011 at the earliest.
She was student dependent before Dec 2009.

I was advised in this forum that my wife can apply for ILR in Dec 2011 as she will complete 2 (from Tier 2)years but at Croydon HO case worker advised not to apply on this basis as she must complete 2 years from spouse visa and previous time is not considered.

I will appreciate any advise on this matter and any guideline issued by HO?

Post by **Greenie** » Mon Jul 25, 2011 1:57 pm

Khurram Khizan wrote:
Khurram Khizan wrote:
sushdmehta wrote:As suggested above, your wife should switch to FLR(M).
Assuming you were either a student / PSW migrant (or in any other immigration category that does not lead to settlement) before switching to Tier 2 in Dec. 2009, then your wife may be eligible for settlement in Dec. 2011 at the earliest.
She was student dependent before Dec 2009.

I was advised in this forum that my wife can apply for ILR in Dec 2011 as she will complete 2 (from Tier 2)years but at Croydon HO case worker advised not to apply on this basis as she must complete 2 years from spouse visa and previous time is not considered.

I will appreciate any advise on this matter and any guideline issued by HO?

Read the link vinny has posted above. The rules clearly allow time spent as a tier 2 dependent to count towards the two years. The rules were recently amended to allow this.

Khurram Khizan · Post by **Khurram Khizan** » Mon Jul 25, 2011 2:31 pm

vinny wrote:
Khurram Khizan wrote:I am married and my wife joined me in UK in October 2005. At that time she entered as a student dependant. In Dec 2009 she got Tier 2 dependant. Recently I got ILR on long residence basis in June 2011. On 15 July she got spouse visa.

I was advised in this forum that my wife can apply for ILR in Dec 2011 as she will complete 2 (from Tier 2)years but at Croydon HO case worker advised not to apply on this basis as she must complete 2 years from spouse visa and previous time is not considered.

I will appreciate any advise on this matter and any guideline issued by HO?
287(a)(i)(d) seems to imply that previous time as a PBS dependant may be considered.

Thank you Vinny. I'll go through as you suggested.

Khurram Khizan · Post by **Khurram Khizan** » Thu Oct 27, 2011 5:32 pm

My wife's ILR is due in Dec 2011 under sec 287(a)(i)(d) as advised. I am filling the Form SET(M) and it ask if "you or your partner" receive public funds which I do, that is Child Benefit and recently applied for Tax Credits.

1- Can it effect wife's ILR?
2- How much funds we should show and for how much period?

Thank you in advance.

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I got ILR. Can my wife and kids apply for ILR?

I got ILR. Can my wife and kids apply for ILR?

Spouse ILR