AdvPl:ILR &FLR(M) on same day + ILR for dependant daught

[CSREDDY25]

Could you please kindly advise me with the following query. Very much appreciate your time.

I am eligible to apply for ILR in sept 2013. I will be applying along with my 2 kids ( 1 is UK born and 1 is born in India). Which application forms should I use for my Kids? . I will be using Set(O) form for my self and will include the dependants names in the form.. But I believe I should also fill separate application form for each dependant. Should I need to use Set(M) or Set (F) form for the kids?

My wife will not be applying with us. She is on Tier-1 Dependant status and will have to convert to FLR(M) once I get my ILR. Our UK born son has no leave at the moment and I believe he should be eligible to apply for settlement along with me. Our daughter ( India born) is currently holding Tier-1 Dependant status. Will she be eligible to apply for settlement along with me?( considering I am eligible for ILR now, but not my wife. I am on Tier-1 General visa status valid until 4 th Oct 2013 . My wife is on Tier-1 dependant status with valid visa until 4th October 2013 . I am eligible to apply for ILR from 16th septemebr 2013) .

Thank you.
Very much appreciate your reply.

[CR001]

Are you applying as Tier 1 migrant? If so, then Section 2 of the Set(O) form clearly states as a heading 'Dependents who are also applying'

How old are you children? If under 18, your children need to be included on your form, they do not need a separate form.

Also, your UK born child can be registered as BC on form MN1 as soon as you receive your ILR, you don't need to do ILR for him unless you have urgent travel plans.

[CSREDDY25]

Thank you very much for the reply.

Yes I am applying as Tier-1 Migrant.
My wife would not be eligible to apply with me as she got Tier -1 Dependant status on 21st July 2012 ( after the cut off 9th July 2012) . She will need to get FLR (M) once I get my ILR.

Good suggestion regarding my UK born son ( 8 months old now). No urgent travel plans as of now, but any idea how many months it will approximatley take for the BC application procedure.? Also I have got an Indian Passport for him now. Does it affect his registration as a BC without geting ILR in the first place?

My daughter is India Born and 5 years now. Can she be eligible to apply as my dependant for ILR, although my wife is not applying for ILR? I mean to say,does she be eligible to apply for ILR if only one parent is eligible for ILR and the other parent is on a legal status to stay in the UK?

Thank you very much for your time.

[CR001]

Thank you very much for the reply.

Yes I am applying as Tier-1 Migrant.
My wife would not be eligible to apply with me as she got Tier -1 Dependant status on 21st July 2012 ( after the cut off 9th July 2012) . She will need to get FLR (M) once I get my ILR.

Good suggestion regarding my UK born son ( 8 months old now). No urgent travel plans as of now, but any idea how many months it will approximatley take for the BC application procedure.? Also I have got an Indian Passport for him now. Does it affect his registration as a BC without geting ILR in the first place? He doesn't need ILR as he is entitled to register under section 1(3) as a BC because he was born in the UK. Applications for MN1 currently take between 4-6 weeks, but could be sooner.

My daughter is India Born and 5 years now. Can she be eligible to apply as my dependant for ILR, although my wife is not applying for ILR? I mean to say,does she be eligible to apply for ILR if only one parent is eligible for ILR and the other parent is on a legal status to stay in the UK? Your daughter can apply for ILR with you and you include her on your application form

Thank you very much for your time.

[redbull110]

Dear CR001,

If one of the parent gets its ILR, then the child born in UK automatically qualifies for BC under section1(3) OR both the parents first needs to be on ILR for the UK born child to register as BC?

As my wife got tier-1 dependant visa after the July 9th 2012 rukles, so she is not eligible for ILR currently with me.

Its a very simple query, but I was unable to get clear answer to it while reading the guides from the UKBA website.

Your respnse on it will be highly appreciated.

Thanks.

Regards,

REDBULL110

[CSREDDY25]

Thank you very much for the reply.

Yes I am applying as Tier-1 Migrant.
My wife would not be eligible to apply with me as she got Tier -1 Dependant status on 21st July 2012 ( after the cut off 9th July 2012) . She will need to get FLR (M) once I get my ILR.

Good suggestion regarding my UK born son ( 8 months old now). No urgent travel plans as of now, but any idea how many months it will approximatley take for the BC application procedure.? Also I have got an Indian Passport for him now. Does it affect his registration as a BC without geting ILR in the first place? He doesn't need ILR as he is entitled to register under section 1(3) as a BC because he was born in the UK. Applications for MN1 currently take between 4-6 weeks, but could be sooner.

My daughter is India Born and 5 years now. Can she be eligible to apply as my dependant for ILR, although my wife is not applying for ILR? I mean to say,does she be eligible to apply for ILR if only one parent is eligible for ILR and the other parent is on a legal status to stay in the UK? Your daughter can apply for ILR with you and you include her on your application form

Thank you very much for your time.

Thank you very much.
Very much appreciate your reply.

[CR001]

It gets a bit confusing for people to follow posts when you use two different usernames and ask exactly the same questions.

Redbull110 and CSREDDY25

[CSREDDY25]

Hi CR001

we are 2 different persons probably with same queries.
I haven't got another user name in this forum. I follow and post under my user name csreddy25

[CSREDDY25]

Thank you very much for the reply.

Yes I am applying as Tier-1 Migrant.
My wife would not be eligible to apply with me as she got Tier -1 Dependant status on 21st July 2012 ( after the cut off 9th July 2012) . She will need to get FLR (M) once I get my ILR.

Good suggestion regarding my UK born son ( 8 months old now). No urgent travel plans as of now, but any idea how many months it will approximatley take for the BC application procedure.? Also I have got an Indian Passport for him now. Does it affect his registration as a BC without geting ILR in the first place? He doesn't need ILR as he is entitled to register under section 1(3) as a BC because he was born in the UK. Applications for MN1 currently take between 4-6 weeks, but could be sooner.

My daughter is India Born and 5 years now. Can she be eligible to apply as my dependant for ILR, although my wife is not applying for ILR? I mean to say,does she be eligible to apply for ILR if only one parent is eligible for ILR and the other parent is on a legal status to stay in the UK? Your daughter can apply for ILR with you and you include her on your application form

Thank you very much for your time.

Hi CR001.

I was going through the immigration rules.
Now my main concern and query is with my daughter's chances of getting ILR along with me. As I mentioned she was born in India and got Tier-1 dependant status after the rules in place after 9th July 2012.
My wife also got Tier-1 Spouse dependant status after 9th July 2012. So my wife is not eligible to apply for ILR with me.

Could you please kindly go thorugh the following rule and kindly advise if my daughter is still eligible to apply for ILR along with me.
I was reading the immigration rules very often but i have found this change quiet recently.(before it used to be both parents lawfully present in the uk, but its now changed to both parents lawfully settled in the UK or subject to the following rule)

Rule 319J(e) Both of an applicant's parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:

(i) The Points Based System Migrant is the applicant's sole surviving parent, or

(ii) The Points Based System Migrant parent has and has had sole responsibility for the applicant's upbringing, or

(iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant's care, or

(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.



Thank you very much for your time. very much appreciate your reply.

[CSREDDY25]

If my daughter can't be able to apply for ILR along with me( according the above new rule 319J(e) ), can she be able to apply for FLR(M) along with my wife on the same day of my ILR PEO appointment. I am aware there has to be 2 separate applications.

Can ILR for myself and FLR(M) for my wife & daughter can be applied on the same day at PEO appointment with 2 different applications? I am aware that FLR(M) for my wife & daughter will be based on my ILR outcome.

As always,Very much appreciate your reply.

[vinny]

Hi Vinny,

according to the rule you have posted there is now not a chance for ILR for a tier -1 dependant child ,who got the leave to enter on that status after 9th July 2012.

My scenario is

I am on Tier-1 status eligible for ILR in september 2013
My wife on Tier-1 spouse dependant ( issued after 9th July 2012)( she now falls under 5 year rule, although we were in UK together for over 7 years but under different visa categories)( so she is not eligible for ILR with me)
My daughter on Tier-1 child dependant( issued after 9th July 2012)

Could you please kindly go thorugh the following rule and kindly advise if my daughter is eligible to apply for ILR along with me.
I was reading the immigration rules very often but i have found this change quiet recently.(before it used to be both parents lawfully present in the uk, but its now changed to both parents lawfully settled in the UK or subject to the following rule)

Rule 319J(e) Both of an applicant's parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:

(i) The Points Based System Migrant is the applicant's sole surviving parent, or

(ii) The Points Based System Migrant parent has and has had sole responsibility for the applicant's upbringing, or

(iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant's care, or

(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.

I think the above rule is clear but just checking if that rule affects me.

very much appreciate your reply Vinny. I have posted this in another place aswell but didn't get response from anyone.

Thank you.

Hi I have posted this in another place but i haven't got any responses. so posted this as a new topic. Apologies if cluttering the Board. Please move this post to relevant place if required.

I am eligible to apply for ILR from sept 16th.
My wife and daughter not eligible for ILR along with me, so they need to apply for FLR(M) once I get the ILR.
My concern is all our current ( Tier-1 and Tier-1 dependant) visas expire on 4th Oct 2013.

There is very short window from sept 16th to Oct 4th, during which i need to get my ILR and BRP card and then need to apply for FLR(M) for my wife and daughter.
Are there any chances we can apply on the same day at PEO, where I can apply ILR for myself on SET(O) form and my wife & daughter can apply on FLR(M) form. ?
If so how does it work out at PEO..? do we need to go to the same case worker at same time? or do we need to book different time slots?
Has an one applied like this before.?
Please kindly advise and please share your thoughts on this..

Very much appreciate your help.

If both your wife and daughter are not eligible for ILR, then they may continue to apply as PBS dependants (319D, 319I).

[CSREDDY25]

Hi Vinny,

Very much appreciate your reply. Apologies again for cluttering and posting in different threads.

It loos like my wife and daughter can't apply ILR along with me,as per the rules in place after 9th July 2012.

Once I get my ILR, do they must continue to apply as PBS dependants (319D, 319I) or can they apply for extension via FLR(M) route?

Appreciate your response.

[vinny]

No, I don't think that they 'must' continue to apply as PBS dependants, contrary to what's stated on the UKBA website. There may be multiple applicable immigration rules. However, it may be simplest to do so.

Is your wife's leave valid for over six months? Does wife and child satisfy all the requirements for FLR(M)?

[CSREDDY25]

Hi Vinny, thanks for the reply. My wife and my daughter got Tier- 1 dependant visas valid until 4th October 2013.

I think my wife and my daughter are eligible for FLR(M). but the link you have sent from UKBA says it contrary . How can we go ahead with that?

Main reason we wanted to go through the FLR(M) route was application fee factor. FLR(M) is £1721(PEO) for both my wife and my daughter, where as for PBS depedants it is £1950 each.
(Very expenisve route for ILR because of the rules that changed after 9th July 2012. My wife and daughter got tier-1 dependant visas on21st July 2012..)

Please advise how we can go through FLR(M ) route? can u please also send me the link for FLR(M) requirements


Thank you.

[CSREDDY25]

If FLR(M) route is not possible, and If my wife and daughter has to apply as PBS dependants, whats their route to ILR? They will ofcourse need another PBS dependant extension to cover the qualifying period of 5 years. And after that, can they directly apply to ILR from PBS dependant status?


please advise me. many thanks.

[vinny]

Yes.

[CSREDDY25]

Thank you very much Vinny.

[vinny]

Option one would be subject to the financial requirement (£18600 per annum Gross for a couple with no children).

PBS dep extension would be for for a period of three years if the PBS migrant has indefinite leave to remain or has become a British citizen.

Hi Amber, Would option 1 exist for Tier-1 Dependants.? I was posting in the other threads. and following the forum keenly.
I am in same scenario. I will be applying for ILR soon as a Tier-1 Migrant . My wife and daughter are on Tier-1 dependant status post 9th July 2012 rules.

can my wife and daughter extend their visa on FLR(M) application or do they must extend their stay only as PBS dependants? (as I am eligible for ILR as a PBS Migrant). If given a choice, I will prefer FLR(M) route for them as it is comparatively less expensive. But all the posts and the FLR(M) application form says Tier-1 dependants cant extend their stay on that form.

Please advise. Many thanks.

I believe that it's your choice.

However, for spouses who are not subject to the transitional provisions, their qualifying period (under FLR(M)) for ILR may be reset (E-ILRP.1.3).