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I came to the UK on 10th Sept 2005 on student visa - did PhD in Cambridge
Switched to PSW in Oct 2010 - started on full time employment immediately
Switched to Tier 2 General in September 2012 - valid until 28th July 2015

I'll be eligible for ILR on 12th July 2015 (month before 10 years). The question I have is what to do for my dependants.

My wife moved to the UK in 2010 and living as my dependant since then. I also have two children (2yr old and 2months old) born in the UK. what I understand from UKBA guidelines is that it is only me who can apply for ILR and I'm not sure what can I do for my dependants as their dependant visa will expire on 28th July 2015.

Your suggestions and experience will be very much appreciated.

Your children don't need leave as were born in the UK and if you don't need to travel, just register them as British (form MN1) by virtue of section 1(3) BNA as soon as you acquire ILR.

For your spouse, apply for FLR(M) before her leave expires, asking for a decision to be made once your application has been decided.

Thanks D4109125 for your reply. When you say my wife can apply for FLR(M) and request for delayed decision. Could you please give me some idea on how to do this.

I also wanted to check if the following will affect my ILR application (10 years route).

I had all my visa renewals in the UK except one. In January 2010, I renewed my student visa in my home country. The expiry date on the visa was 31/01/2010 and I made my application to renew it on 16/01/2010. New visa was issued on 20th of February 2010. I am just wondering if this will be considered as a break in the 10 year term.

No break.

SJ307 wrote: I had all my visa renewals in the UK except one. In January 2010, I renewed my student visa in my home country. The expiry date on the visa was 31/01/2010 and I made my application to renew it on 16/01/2010. New visa was issued on 20th of February 2010. I am just wondering if this will be considered as a break in the 10 year term.

Almost certainly not. What date did you leave the UK?

I left the UK on 10/01/2010 and returned on 25/02/2010.

SJ307 wrote:I came to the UK on 10th Sept 2005 on student visa - did PhD in Cambridge
Switched to PSW in Oct 2010 - started on full time employment immediately
Switched to Tier 2 General in September 2012 - valid until 28th July 2015

I'll be eligible for ILR on 12th July 2015 (month before 10 years). The question I have is what to do for my dependants.

My wife moved to the UK in 2010 and living as my dependant since then. I also have two children (2yr old and 2months old) born in the UK. what I understand from UKBA guidelines is that it is only me who can apply for ILR and I'm not sure what can I do for my dependants as their dependant visa will expire on 28th July 2015.

Your suggestions and experience will be very much appreciated.

According to your information you will be eligible on the 12 of August instead of July

Sorry, I meant my Tier 2 visa expires on 28th August 2015 - not July as I previously mentioned.

Again, I'll be eligible for ILR though 10 term scheme on 12th August 2015, rather than in July. Thanks quantum1 for pointing this out.

When you make the FLR(M) application you would just include a cover letter asking for a decision to be made after yours including any ref/acknowledgement ref.

Thanks D4109125 for your reply. But, I'm just wondering if there is any UKBA reference to support the procedure of sending a cover letter.

I tried to trace a reference for what D4109125 is saying in his reply - I couldn't find one yet.

If anyone else has done this, I' keen to hear their experience. Or if anyone can point me to a proper UKBA reference which suggest the procedure, that would be useful as well.
Thanks.

SJ307 wrote:Thanks D4109125 for your reply. But, I'm just wondering if there is any UKBA reference to support the procedure of sending a cover letter.

It's implied and consistent with

Completing application form SET(LR) wrote:Can I include my dependants in my application?

No. They may apply separately if they have completed the qualifying period of 10 years. If you have a partner who does not qualify, they may apply for temporary permission to stay in the UK using application form FLR(M). If they do this, they can include any children under 18 as their dependants.

As UKBA introduced FLR (FP) form, I wonder if this the right form to use when my wife apply with me as a partner of 10 year route settlement applicant. Any advice would be greatly appreciated.

No! FLR(FP) is incorrect and will set a dep on a 10 year route to settlement!