ILR, wife's FLR and separation

[Guy_]

First of all thanks everyone for sharing your knowledge on this site. I think it's a great site. I hope someone will put some lights on my queries. My queries are :

I got ILR in June on the basis of 10 years long residence and my wife was given 2 years Further Leave To Remain. I think she can apply for her ILR after 2 years. For your kind information my wife is on Spouse Visa since she came here in the UK in 2007. It's been 6 years now. All these years she was Student Dependent. We also have a UK born child who now has a British Passport because as soon as I got my ILR I applied for my baby's passport. Now my question is things are not going well between my wife and me. So we have decided to get divorced. Sad but that's life I guess. Everything is mutual. We both are agreed on it but when we get divorced what will happen to wife immigration status? Baby will be with her as she is just 2. Do I have to let Home Office know after divorce saying that our marriage broke down? Will they cancel my wife current leave? If they do then what will happen to the baby? Baby is a British Citizen and she needs her mom. I do want my wife to be here with my baby so that she can look after her properly. I need your advice guys.
Many Thanks.

[Amber]

Well by what you're saying your wife was eligible for ILR from the day she was granted FLR(M) [rule 287(a)(I)(d)] sadly this wasn't done. If you're not in a subsisting relationship she can't settle on SET(M). For the sake of the child, consider making the relationship subsist until your wife is settled by applying for SET(M). I'm sure you can patch things together.

[Guy_]

Well by what you're saying your wife was eligible for ILR from the day she was granted FLR(M) [rule 287(a)(I)(d)] sadly this wasn't done. If you're not in a subsisting relationship she can't settle on SET(M). For the sake of the child, consider making the relationship subsist until your wife is settled by applying for SET(M). I'm sure you can patch things together.

Thanks Amber. My wife has visa till 2015 and we haven't got divorced yet and still living under the same roof. Can she apply for ILR now or she needs to wait 2 years? Thanks again.

[Amber]

Well by what you're saying your wife was eligible for ILR from the day she was granted FLR(M) [rule 287(a)(I)(d)] sadly this wasn't done. If you're not in a subsisting relationship she can't settle on SET(M). For the sake of the child, consider making the relationship subsist until your wife is settled by applying for SET(M). I'm sure you can patch things together.