Immigrationboards.com

Posted: **Tue Jul 26, 2011 1:59 pm**

Hi
I have been in the uk since September 2002, first on student visa and now on Tier 1 General. I will be eligible for the 10 year rule next year. I have just had my Tier 1 visa extension for another 2 years and that will make up my 5 years and will be eligible to apply for ILR. I also have 2 dependents. My wife has been here sine 2008 and a child born here this year.
My question is if I apply for ILR under 10 year rule, how would that affect my dependants? can any one suggest what is better to wait until my Tier 1 5 years are over or just apply next year?
Will appreciate your help.
Regards

Posted: **Tue Jul 26, 2011 2:19 pm**

If you apply under long residence, then your wife may switch to FLR(M) (and subsequently SET(M)) after you're granted ILR or before her leave expires or before she travels, whichever is sooner.

Posted: **Tue Jul 26, 2011 3:22 pm**

I am in the identical situation.

I came here to UK in September 2002 as well and I have two dependents wife and child.

I will become eligible for 10 year long residence in September 2012 and 5 year Tier-1 in November 2012.

And like you I am in the same dilemma

Posted: **Wed Jul 27, 2011 10:03 am**

Could some one please suggest something from their experience. Will appreciate the help.

Posted: **Wed Jul 27, 2011 12:51 pm**

smas4er wrote:Could some one please suggest something from their experience. Will appreciate the help.

I've a similar case (but no children), check what I've included in my recent ILR application along with my wife's FLR(M).

Posted: **Thu Jul 28, 2011 9:43 am**

Thanks for this. Its really useful.
What I need to know is should I apply for ILR next year or should I wait until my 5 years are up on Tier 1. My main concern is how will it affect my dependants if I apply next year. What do members think from their experience?

Posted: **Tue Mar 13, 2012 4:10 pm**

smas4er wrote:Hi Guys
Just wanted to some clarification about what to do in my situation.
I am currently on Tier 1 General and will qualify for ILR next year in August. I have 2 dependants with me also in the same category on a dependant visa. I will be completing my 10 years of residency in UK this year in September, and will then qualify for ILR on long residency basis.
Now I need your suggestion, which option should I go for. Should I apply for ILR this year based on long residency, if I do then what will be the processes for my dependants. Will appreciate your help.
Regards

Posted: **Tue Mar 13, 2012 4:11 pm**

smas4er wrote:Hi

I had just been reading the forums. And thought would just add some clarification to my question above. If apply for ILR on long residency, should I then apply for FLR(M) immediatley, and once I get that, can I then immediatley apply for ILR for my dependants. My wife has been here with me since April 2008 as dependant. My kid was born february 2011 and is also dependant. Will appreciate help.

Regards

Posted: **Tue Mar 13, 2012 4:17 pm**

If you apply on the basis of Long residence, then after you're granted ILR, the sooner your wife is granted FLR(M), the sooner may she apply for SET(M).

Else, if you apply on the basis of Tier 1 (General), then your wife may be included with your ILR application, subject to 319E.

In either case, your UK-born son will be entitled to register for British citizenship after you're granted ILR.

Posted: **Tue Mar 13, 2012 4:33 pm**

Hi Thanks

So I guess the applying under 10 year rule will be better option as things will happen more quickly. So just to clarify, when I get my ILR, apply for British Citizenship for my son. Apply for FLR(M) immediatley for my wife, once she is granted that then apply immediatley for ILR? does that sound right. Then after one year of ILR we can apply for british citizenship?

Posted: **Tue Mar 13, 2012 10:31 pm**

Posted: **Tue Mar 20, 2012 10:22 am**

Hi Guys,
I have consulted this situation with a solicitor and I have been adivised the following.
For my child I can apply for citizenship when im granted ILR.
For my wife, I will have to apply for a spouse visa when I get ILR. Then she needs to be on that visa for 2 years before she could apply for ILR. Whereas in this discussion I had been advised that she could apply for ILR immediatley once she has been granted spouse visa as she has already been here for more than 2 years. This is conflicting information, what do you suggest?? will appreciate help.
Thanks

Posted: **Tue Mar 20, 2012 10:57 am**

There have been successes.

Posted: **Tue Mar 20, 2012 12:39 pm**

Hi
Thanks, this is very interesting. Seems like even the solicitors are not sure of what they are doing (and I went to a mojor soliciting firm).
Anyway I think I will go with the same approach especially seeing that there have been people with the same situation and successful. Thanks for that.
One question I have is aboutl language requirement. I think my wife will have to get a certification to satisfy language requirement for FLR(M). I have been reading through UKBA about tests and so on but its very confusing. Can some one please give me a link of what test she has to do and if it can be done online?
Thanks

Posted: **Tue Mar 20, 2012 12:42 pm**

A1 test

Posted: **Wed Mar 28, 2012 10:45 am**

Hi

I have a question regarding the english requirement. Plan is to apply for spouse visa for my wife and then apply ILR immediatley. Now does she definetley need an english test to apply for spouse visa or if she gives the KOL test before applying for spouse visa, can that act as satisfying english requirement? Just trying to kill 2 birds with one stone.

Posted: **Wed Mar 28, 2012 11:47 am**

KOL doesn't seem to exempt applicants from the A1 requirement.

Posted: **Wed Mar 28, 2012 1:52 pm**

vinny wrote:KOL doesn't seem to exempt applicants from the A1 requirement.

correct it doesn't - KOL is not a test of ability to speak English.

Immigrationboards.com

10 Year Long residency application

10 Year Long residency application