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Family Visa To ILR

Posted: Sun Oct 23, 2022 11:43 pm
by hsy
I would like to discuss a complicated case. I am a British citizen and i work as a self employed for uber and 5 years back I sponsored my wife and 2 children's on a dependent visa known as a family visa. Initially my family was issued a 2.5 years visa and after that they got an extension of 2.5 years and now they are going to complete their 5 years by the end of October 2022. My both children's have completed their B1 and Life in the UK test but unfortunately my wife could not pass her Life in the UK test and B1 test and she has failed twice, she is not educated that much. Now im is confused about which do I need to apply. Now I have only 2 options...
1. Shall i apply for Furthur leave to remain extension for whole family Or
2. Is there any possibility if I can apply for ILR for my children's only and apply Furthur leave to remain for my wife ?
People are advising me that i cannot apply for ILR application for my children's as UKVI won't proceed without mother application and if I apply for Furthur Leave to remain for my wife then it won't proceed without children's application. Could you please guide me what are the possibilities ??

Regards

Re: Family Visa To ILR

Posted: Mon Oct 24, 2022 2:07 am
by zimba
Non-UK-born children (when they cannot qualify for ILR on their own) can only settle when both parents settle. If your wife cannot settle, then they all need to extend using FLR(M) again.

Re: Family Visa To ILR

Posted: Mon Oct 24, 2022 9:40 pm
by hsy
Thanks Simba. That means I cannot apply for ILR for my children's. Both are 23 and 24 years.
Because of mom they have to suffer as well and the only way is Furthur Leave to Remain for 2.5 years.

Re: Family Visa To ILR

Posted: Mon Oct 24, 2022 9:46 pm
by CR001
She has had 5 years to do the test. Why did you leave so late to try pass it??

She has also had 5 years to do some basic education courses, many are free, to help her.

Re: Family Visa To ILR

Posted: Tue Oct 25, 2022 12:36 am
by meself2
hsy wrote:
Mon Oct 24, 2022 9:40 pm
Thanks Simba. That means I cannot apply for ILR for my children's. Both are 23 and 24 years.
Because of mom they have to suffer as well and the only way is Furthur Leave to Remain for 2.5 years.
Does it mean children are adults now? I might be way off in my assumption but don't they have to qualify for ILR on their own merits, by proving KoLL by themselves separately, as they are no longer minors?

Re: Family Visa To ILR

Posted: Tue Oct 25, 2022 6:30 am
by CR001
meself2 wrote:
Tue Oct 25, 2022 12:36 am
hsy wrote:
Mon Oct 24, 2022 9:40 pm
Thanks Simba. That means I cannot apply for ILR for my children's. Both are 23 and 24 years.
Because of mom they have to suffer as well and the only way is Furthur Leave to Remain for 2.5 years.
Does it mean children are adults now? I might be way off in my assumption but don't they have to qualify for ILR on their own merits, by proving KoLL by themselves separately, as they are no longer minors?
They already have KOLL but because of their visa route as dependents with visa in line with their mothers, they can only apply for ILR when she does. Their age doesn't change the rules.