Indefinite Leave to Remian ilr

[setch77]

I need forumers to share their experience or advice me asap (before end of Friday 28/05)

I am currently waiting for my ilr that was posted on 9th Jan 10. I arrived in the UK as a student in Jan 2000. In jul 2002 my wife joined me as a student dependant. In 2004, I became here dependant (as she was then in full-time education) and so it has remained.

Now her student visa and those of our 5 & 6 yrs old kids (born here but also student dependants) expires on Monday( 31st of May’10 )
My wife has completed here program of study so there is no such
option as extending her tier4. The plan had been to apply for ilr when mine is issued. I understand I will have to travel to my home country with the whole family if their visas expire before my ilr is granted.

What are my alternatives to avoid travelling back home? Can I apply for ilr for them under another category before their current visa expires? If not, what are the consequences (apart from losing the fees) of just putting in another application for my wife who is nearly 8years on legal residence? I thought I could change the grounds for hers' once mine is granted (hoping hers' wouldn't be rejected outright/soonest). How long on average does it take them to process ilr for 10years long residence?

Thanks in advance

[vinny]

I believe that your wife and kids may apply (by registered post) for FLR(M) before their leave expires. Enclose a covering letter, explaining that a long residence application had been made.

Long residence in the UK.

The immigration rules for this category do not allow dependants. If you include applica-tions by any dependants, they will be refused. Because of this, they should apply separately in their own right in one of the ways described below.

Dependants may apply in the long residence category if they have completed the qualifying period of 10 or 14 years. If you have a partner who does not qualify, they may apply for limited leave to remain as the partner of a person present and settled in the UK on form FLR(M). If they do that, they may include any children under 18 who are applying as their dependants.

Partners may also choose to apply on form FLR(M) even if they do qualify in the long residence category, as this option allows children under 18 to apply with them as dependants and the overall cost in terms of fees may be less.

See also child born in UK.

[setch77]

Vinny, thanks for your advice. My only worry is whether I will be considered a person or partner 'present and settled in the uk' while my application is still under consideration.

[vinny]

In your covering letter, also ask them to consider your wife's and kids' FLR(M) applications after your long residence application had been determined.

Apply before their leave expires, as this will give them appeal rights, if refused.

[setch77]

I have finally posted my application. I rang the home office enquiry line and was adviced to complete the form FLR (O) instead of the FLR(M). I was also asked to tick the reason as 'other reasons not covered' and explain on a cover letter that my application for ilr was still under consideration.

Thanks very much for your support