ILR for wife and children

[lucy lee]

Hi all, I used this forum for myself and found it extremely useful for myself, hence the reason am back for advice for a friend of mine.

He, his wife and 2 children came into the UK under HSMP before it was revalueted and changed to Tier one general. He extended their stay under tier one general. This month, after five years in the UK he applied for ILR in croydon and it was granted on the same day. His plan was to get it for himself on the day and then post his wifes and childrens documents before the current visa's expire. He decided to post their's in order to save on costs.

He them faced a dilema and iddnt know which for m to use. He contacted the home office a couple of times and was informed to apply using SET O and put the wife as a main applicant and the children as dependants. He was told to send a letter explaining why they did not apply at the same time as he did.
Today he decided to contact the home office again and was told he cannot apply for them separately and needs to apply for Further Leave TO Remain for themm and then wait 2 years before applying for ILR.

Could anyone please advise because this has thrown him as he doesnt know what to do and will have to apply by Friday as the visas expire next Monday. Any advice will be highly appreciated.

[Greenie]

Hi all, I used this forum for myself and found it extremely useful for myself, hence the reason am back for advice for a friend of mine.

He, his wife and 2 children came into the UK under HSMP before it was revalueted and changed to Tier one general. He extended their stay under tier one general. This month, after five years in the UK he applied for ILR in croydon and it was granted on the same day. His plan was to get it for himself on the day and then post his wifes and childrens documents before the current visa's expire. He decided to post their's in order to save on costs.

He them faced a dilema and iddnt know which for m to use. He contacted the home office a couple of times and was informed to apply using SET O and put the wife as a main applicant and the children as dependants. He was told to send a letter explaining why they did not apply at the same time as he did.
Today he decided to contact the home office again and was told he cannot apply for them separately and needs to apply for Further Leave TO Remain for themm and then wait 2 years before applying for ILR.

Could anyone please advise because this has thrown him as he doesnt know what to do and will have to apply by Friday as the visas expire next Monday. Any advice will be highly appreciated.

under the current rules, it is not possible to apply for ILR as the dependent of a PBS migrant separately from the main migrant, as the rules require that they apply for ILR at the same time. Therefore, currently, if the main migrant applies for and is granted ILR first, the dependents must first apply for further leave on form FLR(M), and then apply for ILR on form SET(M) once the spouse has completed a combined two years as a PBS dependent + spouse of a settled person. (i.e. they would not have to wait another two years).

WHen the rules change on 9th july, this 'switch' on FLR(M) will no longer be necessary, however and the depdendents will be able to apply directly for ILR after the main migrant, however as their leave expires before then this is not an option as they need to make an application before the rules change.

They could consider applying on form FLR(M) and then varying the application to settlement on form SET(O) after the rules change but this is a rather complicated so they should seek advice on whether this is possible.

Were the children born outside the UK?

[lucy lee]

Many thanks for your reply. The children were born outside the UK.

Could you possibly pin point for me were in the current rules it states that dependants cannot apply for ILR separately from the main applicant.

Many thanks

[Greenie]

Accordingly, as in my case, I am applying for my ILR in March, but my wife would be completing 2 years on October 2012 and has valid tier 1 dependent visa until then. Am I correct in stating, I don't need to get her FLR(M) and can directly apply for ILR in October 2012 ?

319E b)

[lucy lee]

Many thanks, I will update on how it goes, documents have been posted.

Another clarification please. As the family have already been in the UK for 5 years, they will not have to wait for any set period to apply for ILR after they are granted FLR(M) right or wrong?