ILR or further leave to remain?

[kpkharel]

Hi I have just received ILR via 10 years long residency route. My question is :

Can i apply ILR for my wife using SET (M) form as she has been issued Tier 2 dependent visa of mine in Dec 2010 & extended visa on the same category in may 2013.Her visa is still valid until May 2015.

If ILR can be applied , is there any maintenance fund requirement? Do i need to submit bank statement or payslip will be enough?

Also , i have a 5 years old boy who was born in the UK. Do i need to apply his ILR or Citizenship can be applied with out ILR?

I would be grateful if someone please guide me through.

Regards,

Krishna

[Obie]

Due to the fact that you applied for ILR under long residence Provision, your partner will not qualify for ILR until 2019 October, at the earliest.

You will need to switch her to FLR(M) under appendix FM, subject to you meeting the financial requirement.

Your child born in the UK could be registered using MN1, now that you have secured ILR.

[kpkharel]

Due to the fact that you applied for ILR under long residence Provision, your partner will not qualify for ILR until 2019 October, at the earliest.

You will need to switch her to FLR(M) under appendix FM, subject to you meeting the financial requirement.

Your child born in the UK could be registered using MN1, now that you have secured ILR.

Dear obie, Thank u for ur reply. However I am confused with rules regarding soouse visas. Somewhere it says if ur spouse got visa before July 2012 then you can apply ILR as per translational arrangement ie after 2 years. Based on that is she not allowed to make settlement application?

[Obie]

No she will not, for the reason i provided. You switched to ILR under the Long Residence Provision.