Applying ILR but how about my dependent ?

[softmind82]

I am applying ILR before June 2012.


I need to ask few questions to clarify my position to apply for ILR.


I have my wife living with me in the UK since 2009 along my 2 children who were also born in the UK. Can i apply for ILR for my wife along with my application.

If not then when she can apply for ILR, she has her visa valid until October 2012.

I would really appreciate, if someone could advice me on that.

Thanks in Advance.

[Lucapooka]

Under which category will you be applying for ILR? What is your current status and that of your family? How can you expect people to comment without such basic information?

[softmind82]

Under which category will you be applying for ILR? What is your current status and that of your family? How can you expect people to comment without such basic information?

I forgot to put these information.

I am on Tier 1 General and will be applying ILR under 10 years category, my wife has a Tier 1 dependent visa. I got 2 daughters 3 and 1 was born in the UK but i have not applied their visa yet.

Thanks

[Lucapooka]

Both your kids were born in the UK? If yes, they can apply to registration as British citizens after your ILR is granted rather than make applications for leave to remain.

Your wife must apply for leave to remain using FLR(M) after you ILR is granted and then, when issued, she can immediately apply for permanent settlement (ILR) using SET(M).

[askyara]

hi

i have similar situation. I am under PSW visa, and will be applying my indefinite leave to remain under 10 years stay. My husband comes to UK in 2005. My daughter was born here in 2005. My husband and my daughter hold dependant visa and their visa will expires end of June 2012.

I am aware of my daughter situation. I am going to apply for her british citizen once my ILR been granted.

However i am confuse with my husband status, some people say,because he's been in UK more than 5 years, he can apply for ILR the same time as me. Some says, he has to apply for FLR(M) and wait till he reaches 10 years, than he can then apply for ILR using the same form as i use.

and some says he needs to apply for FLR(m) within 28 days after i've been granted my ILR, and then change to set (M).

I am so confuse, please somebody clarify his situation. Many thanks.

-kyara-

[Lucapooka]

The same situation means the same answer. Please refer to my comments above.

[askyara]

thank you for the fast reply, but because some people says because he is more than 5 years, then he can apply ILR together with me, thats why i am quite confuse.

If i can just clear myself with yr explanation above :

1. Once my ILR been granted, he will immediately apply his ILR dependant visa using FLR (M).

2. Once his been granted his ILR dependant visa, he then can use set(M) form to apply immediately for ILR without having to wait another 3 years and reaches 10 years stay?

3. Meaning if thats the case, does he has to pay twice for the fees, once when he apply using FLR(M) which £867 and then again when he use set (M)?

I am so sorry if this question is hassling, i would just like to clear my mind. Many many thanks.

[Lucapooka]

1. To use the correct terms, he will apply for further leave to remain rather than ILR but it will be made using application form FLR(M).

2. Yes, and the reason for this is because he has already been in the UK for at least two years and married to you for at least two years, and you were a PBS migrant that is now settled. Immigration rule 287(a)(i)(d) confers this right.

3. Yes (unfortunately!)

[askyara]

thank lucapooka

my last question (hopefully): why is it that i read in this website, that some dependant has been granted ILR the same time as the main application? Although the dependant has only been in UK for two years?

In my case, if i book the appointment at PEO for my ILR and also for my husbands' FLR(M), is it possible, to get both at the same time? Orwill it be risky to do this?


Many thanks lucapooka.

[Lucapooka]

PBS dependants can only be granted ILR when applying jointly with the PBS migrant who, himself, qualifies for ILR after 5 years of residence in a work category. They can't apply separately from the PBS migrant as the rules offer no scope for this. However, the long-residence category of ILR does not permit joint applications. Therefore when a PBS migrant gets ILR under the long-residence category (rather than the work category) the PBS dependant has to switch status and then apply for ILR individually as a partner rather than a PBS dependant.

Obviously if the PBS dependant makes 10 years of long-residence, he or she can apply for ILR on that basis also.

[askyara]

thank you so much for clearing the confusion.

Therefore,i understand now, that my husband needs to fill in FLR(M) and after grandted, can instantly apply for ILR with set (M).

(correct me again if i am wrong)

with this cleared, is it risky for me to book apt at PEO, for my ILR and hubby's FLR(M) on the same day?

many thanks.

[Lucapooka]

It can't be done at the PEO together as it's not a joint application. They will not look at your application, approve it, then look at his. He needs to show your ILR in order to get past the initial steps and without this he will be turned away. He can apply at the PEO separately after your ILR is approved.

[askyara]

thanks so much for all yr fast replies and clarification Lucapooka i really appreciate it so much:)

[Greenie]

It can't be done at the PEO together as it's not a joint application. They will not look at your application, approve it, then look at his. He needs to show your ILR in order to get past the initial steps and without this he will be turned away. He can apply at the PEO separately after your ILR is approved.

true you can't apply together but you can book two separate appts on the same day, one for yourself in the morning and one for your dependent in the afternoon. Assuming your application is granted on the day your dependent should then be able to submit his application and provide your approval letter as proof. A number of posters have been successful in doing this. Obviously if your application is delayed then this won't work.

[askyara]

thanks for your kind clarification greenie.

i guess its so confusing when some people changes their visa status to ILR together the whole family, eventhough the wife/ or husband has just come to the country 2-3 years.

probably they are holding different visa than i am?

[Greenie]

i wasn't suggesting that you would be applying for ILR together or that others in your situation have done so. I was saying it is possible to book two separate appointments, one for your ILR application in the morning, and one for your husband's FLR(M) application in the afternoon,.

however if you are applying for ILR under the long residence category - you cannot apply in person, you will need to apply by post.

as Lucapooka has already explained, your husband cannot apply for ILR at the same time as you because the rules do not permit this for long residence applications.

[askyara]

yes well understood, thanks

Its just certain people, that i've read in the forum been granted ILR with the whole family. I guess they are holding, work permit visas or HSM visa.

Oh..but i have read a lot of cases in this forum that apply at PEO with 10 years long residency has succeed. And my friend has applied at PEO last year as well.(under 10 year residency)

I have also called customer care, and they say, of course i can, as it has no rules in the form stating long residency cant go at PEO.

[Greenie]

yes well understood, thanks

Its just certain people, that i've read in the forum been granted ILR with the whole family. I guess they are holding, work permit visas or HSM visa.

Oh..but i have read a lot of cases in this forum that apply at PEO with 10 years long residency has succeed. And my friend has applied at PEO last year as well.(under 10 year residency)

I have also called customer care, and they say, of course i can, as it has no rules in the form stating long residency cant go at PEO.

different categories have different rules, so yes, some dependents qualify for ILR at the same time as the main applicant, and some don't.

the link here confirms that you cannot apply in person under the long residence category

http://www.ukba.homeoffice.gov.uk/about ... oservices/

it is also confirmed in the rules see para 34B(i)(f)

[askyara]

oh dear, why is some people manage to get in this forum:(, even my friend,who got her last december, and she has th same criteria is me.She got hers in Sheffield PEO

thanks to acknowledge me.

[askyara]

yes well understood, thanks

Its just certain people, that i've read in the forum been granted ILR with the whole family. I guess they are holding, work permit visas or HSM visa.

Oh..but i have read a lot of cases in this forum that apply at PEO with 10 years long residency has succeed. And my friend has applied at PEO last year as well.(under 10 year residency)

I have also called customer care, and they say, of course i can, as it has no rules in the form stating long residency cant go at PEO.

different categories have different rules, so yes, some dependents qualify for ILR at the same time as the main applicant, and some don't.

the link here confirms that you cannot apply in person under the long residence category

http://www.ukba.homeoffice.gov.uk/about ... oservices/

it is also confirmed in the rules see para 34B(i)(f)

dear greenie and lucapooka..

i am a panic now. All of our visas will expire on the 17th of June 2012. I really thought that i can apply ILR at the PEO, therefore, my husband and child would get an amount of time to renew their visas.

If i cant go to PEO, and i know the waiting time for ILR is a long time, what should i do with my dependants if i havent get my ILR yet in time for their renewal ?? Should i get a solicitor now, or..OH MY GOD..i am panicky. I am so sorry ..i behave this way..

please help me..

[Lucapooka]

Forget about your children for the time being. They can apply to be registered as British after you get ILR. Bundle the SET(O) and the FLR(M) in the same envelope (with the appropriate evidence for each) and send them to the address for the SET(O) application. Make a written request that they be treated in series. The latter being contingent on the success of the former.

If you have any doubts, you should get a legal advisor to do this for you.

[askyara]

Oh My GOD, for instance, i loose my head, because i didnt know about this. Is this a new rule? as all of my friend from years and years obtained their ILR in PEO, and i thought i could be doing the same. all o my friend is exactly the same case as me.

Dear GOD, thanks to greenie,for actually mentioning, or else i would go to the PEO, and just to be really frustrated, and more panic!!

OK, so i will definitely do like u said luca. I will post the two forms.

1.So for my child,although her visa expires on the 17th, it will not be a problem???

2.Your explanation is very clear. Do i still need legal advisor to support me? do i go to any solicitor?

3.because there's a gap in my 10 years residency as well, and now i am actually waiting fo SAR.Although i have gaps, i thought if i go to PEO, i am able to explain the gap face to face to the case worker, now if its by post, i am worried more.

thanks luca, bless you for helping,and please keep helping me..

[vinny]

Not a problem for your UK-born child if you eventually succeed.
What 'gaps' have you got?

[askyara]

hello vinny

thanks for the clarification. I will no need to worry of her situation on focus on mine and hubby's.

let me explain to you my situation. My current worries now is the limited time to apply visa for my husband as my dependant that is due end of June 2012.

I am currently under PSW, and would like to apply for ILR 10 years stay. My husband and daughter is my dependant. My daughter however was born in UK in September 2005. My husband entered UK in April 2005.

In my knowledge, i could apply for ILR in PEO, and there would definitely suffiecient time for my husband to apply for his dependant visa using FLR(M). An further more we have got gaps in our visas (is waiting for SAR which has gone 50days now).

WE are not confident to post as of the gaps. When i know that we are no more allowed to go to PEO, i panic.

Our gaps are : from 31 Mrch 2006 - 3 May 2006
from 30 September - 17 October 2006
31 Jan 2008 - 23 Jun 2008

I arrived in UK 8 March 2002, and my visa of PSW will be dued on the 17th of June 2012.

I wonder now, should we now go to solicitor, or to still send in my set (o) and hubby's flr(m) together. But i am just worried, our application will be rejected as of gaps.

Kindly advice. Many thanks.

[vinny]

In my knowledge, i could apply for ILR in PEO,

Probably no.

WE are not confident to post as of the gaps. When i know that we are no more allowed to go to PEO, i panic.

Our gaps are : from 31 Mrch 2006 - 3 May 2006
from 30 September - 17 October 2006
31 Jan 2008 - 23 Jun 2008

What happened during these periods?