applied for my ILR, wife visa gonna expire, what should I do

[mmmalas]

I sent my ILR application last month.

visa expires 14/4/2012

wife +kid can apply for ILR right now since she is eligable.

I was origanly on tier 1, do I need to apply for tier 1 dependant extension or can I wait for the ILR reply for me first, then get her ILR.

as you know its gonna cost alot more if I got the extention for wife + kid, then get the ILR.

[vinny]

If you didn't include your wife and child in your ILR application, then I don't think that you may vary your application to include them now.

A variation of a dependant’s application is only valid if they were included on the original application. If they were not included on the original application, you must advise the dependant to make a separate application and to pay the relevant fee.

I think that your wife and child may apply for SET(O). Ask for the application to be considered together with yours.

Note that children previously born in the UK are entitled to register for British citizenship immediately after a parent is granted ILR, regardless of their immigration status.

[mmmalas]

I understand that,

however if my ILR got refused, then I would need to apply for tier1 extension, for all of us.

if not refused then I would like to apple for my wife as ILR dependant as well.


but problem is visa expires on the 14th. and I would like to pay as less as possible

[vinny]

If you assume that you're going to fail the ILR, then there's no point in making an ILR application.

[mmmalas]

thanks for the reply vinny.

I am just a bit paraniod thats all, this is why I didnt add my dependant on the main application, thinking I would save some money, in case I got refused, so I could apply for tier 1 extension for all of us if ILR failed.

but I was not aware of the long waiting time, and now my original visa coming to expire I looking for options.

I dont think letting the wife overstay is good option, as I dont want her to get banned from coming here.

so if I can apply for ILR for her, I might do that, it would costed me £1000 in the long run but I have no choice

can you point to me, how to ask for our applications to be considered together, as I dont want them to refuse her on the basis that I dont have ILR yet

[vinny]

Just ask them to consider her ILR application together with yours, in line with 319E(c).

Was your child born in the UK?

[Greenie]

If you are granted ilr without your wife she would first need to switch on form FLR(M ) before being able to apply for ilr so you will not have saved any money.

[mmmalas]

my child was born in the uk 2 years ago.

I applied for tier 1 dependant as I need to visit family abroad and come back

I cant see in 319(c) where this case is covered. can you help, by pointing it out

[vinny]

Child may skip ILR application as

Note that children previously born in the UK are entitled to register for British citizenship immediately after a parent is granted ILR, regardless of their immigration status.

[mmmalas]

so does my wife need to send Set (o) form. as my dependant.

or is it a different form?

also do I need to provide evadances from scratch, or can I just refer them to the one I appiled earlier