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Amber wrote:Settlement means in this scenario, ILE/ILR.

immee wrote:Hi Amber, not sure if you can help me with this one.. i have posted the same query under a different thread but would need some more clarification on Zeeali's reply , and you seemed to be quite well versed about these rules.

My Set (LR) was approved yesterday on a same day service but i have 3 dependents in the UK, who are on my previous Tier 2 dependent's visa.

My Wife:
...is been in the UK as my dependent since July 2012.. i will be applying for her variation of leave under FLR(M) .. My understanding is that she will have to spend 5 More years before she could apply for ILR ? and that her previous 3 Years of residence in the UK is sort of wasted now (in terms of time towards the ILR ?)... Please correct me if i am wrong... Correct, the time spent as PBS dependent is lost and cannot be used towards the new 5 year residence requirement.

My elder Child was born in the UK, so i will be applying for her citizenship straight away..
)
What i am not sure about is my younger Child... He was born last year when we went abroad (to Pakistan) on holidays for couple of months.. After staying for couple of months my wife could not travel back as she was told by the airline and the doctor that it is not safe for her to travel now.. So the child was born in Pakistan, we then applied for the children's dependent visa , which took a while to sort out and then they all (Wife & Both Children) came to the UK afterwards.. {So my wife stayed abroad for nearly a year}.. Now i am not sure what type of application would be required for my Son ? . ZeeAli told me that it would be FLR(M) for him too ?? Not sure what would happen next in that case?.. i did asked this question to the Visa officer at PCO Birmingham but he wasnt sure about this and said it was a tricky one.. Not sure if rules related to him would be different as he is under 16 ? or what would happen to his status if i apply for my naturalization in a years time ? in all above scenerios... Child should apply FLR(M) with mother

And the last thing.. as since my Visa status has changed now, how long do i have before i could apply for their variation of leave ? is there any timeline ? they still have previous leave to remain as dependent until January 2017... There is no defined timeline, but it would be very risky for them to travel on their existing visas. It would be better to apply FLR(M) sooner rather than later due to fee increase, possible rule changes etc. They will also have to pay the IHS Surcharge which is £500 each for the 2.5 year FLR(M) visa duration. This is on top of the visa fee.

Apologies for so many questions but i couldnt find any similar situation on the different threads search.