confused by HO advice

Hi

I have recently been granted ILR based on 10 years long residence. I have been married for 3 years. My wife first entered the UK as a student dependent. 10/2008 I started my first full time job, so I had to change my visa to work permit. In the application I included my wife as a dependent and we were both granted the visa.
this month completed 10 years of residence which made me qualify for the ILR which I was granted recently.

Reading the notes from many sources, I called today the BEO to book an appointment for my wife to apply for FLR(M), Marriage visa and include my child who was born here few months ago in the application. The guy picked up the phone and asked some questions and I answered as above. Then He said, after consulting someone "Your wife is eligible for ILR, once she passes the Life in the UK test". I asked how come, he replied saying this is because your wife is current a dependent on someone who had a work permit. I replied, even for only 1 year, he confirmed, Yes.

This information has confused me, so I picked up the phone and called a solicitor, who said that the BEO guy was wrong and my wife is only eligible for Marriage Visa.

Can you please clarify my confusion, as if the BEO is right, that will be a great news for any one in my situation.

Thank you

[url=http://www.ukba.homeoffice.gov.uk/ukresidency/settlement/applicationtypes/]Application types[/url] > Completing application form SET(O) wrote:However, if you are applying because you meet the long-residence requirement, you may not include any dependants in your application. If you do, their applications will be refused. They may apply separately if they have completed the qualifying period of 10 or 14 years. If you have a partner who does not qualify, he/she may apply for temporary permission to stay (limited leave to remain) on application form FLR(M), in which case he/she can include any children under 18 as his/her dependants. For other options, see the detailed SET(O) guide.

Your child is entitled to register for British citizenship (Section 1(3)).

See also Child Registration Success (MN1) For Child Born in Uk.

Thank you Vinny

That's what I know, but...

the BEO guy said that the difference is that my wife current visa status is a work permit dependent and the husband has ILR, which according to the current rules, he said, she is eligible to apply for ILR.

so does that mean the BEO guy was wrong, if yes, how come they give wrong info,

Regards

sound about right cos i have a friend who applied for a spouse visa oct 2007 and her hubby was gettting ILR in june 2009 and so her visa was valid til june 2009 so now they all have ILR same time and same applies to their kids.just double check but i think it could be right

Vinny,

could you clarify this for me please, regards

Could anyone please clarify this for me (see below)

===================

Hi

I have recently been granted ILR based on 10 years long residence. I have been married for 3 years. My wife first entered the UK as a student dependent. 10/2008 I started my first full time job, so I had to change my visa to work permit. In the application I included my wife as a dependent and we were both granted the visa.
this month completed 10 years of residence which made me qualify for the ILR which I was granted recently.

Reading the notes from many sources, I called today the BEO to book an appointment for my wife to apply for FLR(M), Marriage visa and include my child who was born here few months ago in the application. The guy picked up the phone and asked some questions and I answered as above. Then He said, after consulting someone "Your wife is eligible for ILR, once she passes the Life in the UK test". I asked how come, he replied saying this is because your wife is current a dependent on someone who had a work permit. I replied, even for only 1 year, he confirmed, Yes.

This information has confused me, so I picked up the phone and called a solicitor, who said that the BEO guy was wrong and my wife is only eligible for Marriage Visa.

Can you please clarify my confusion, as if the BEO is right, that will be a great news for any one in my situation.

Thank you

I have been living with my wife for more than 3 years now in the UK. She entered the UK on dependent visa, now that I became setteled in the UK (with ILR), she needs to change her status. I thought she was elegible for ILR too, but was surprised to be told that she can only apply for FLR(M).

I always thought that FLR(M) grants 2 years of limited stay in the UK as a probationary period. but in our case we have already been married and living together for more than 3 years and we have one child. regardless, this will not be counted.

Anyways, I have a question compeleting FLR(M):

In section 6, question 6.1: in my case what shall I answer, Yes or no...

Please reply urgently

regards

Ben

I still find it not logical, but can't do anything about it