Seeking Guidance on Suitable ILR Application for My Family

[ragavhorti]

Dear Sir,

I am writing to seek your advice regarding the most suitable ILR application route for my wife and son. I arrived in the UK in December 2010, and my wife joined me a month later in January 2011. I obtained SET(LR) in 2020, and subsequently, I switched my wife and our son (who was born outside the UK with pregnancy complications in 2016) to FLR(M). Didnt risk applying SET(LR) due to my wife's absence exceeding 184 days during her pregnancy and initially joined me a month later.

I have recently acquired British citizenship.

Now, as my wife and son's 2.5-year FLR(M) visas are approaching expiration, I am exploring the possibility of securing ILR for both.

Based on my research, below are the potential options that I am thinking of but not sure about:

FIRST for my WIFE:
Indefinite leave to remain (Private Life): I am not sure if I can use this route for my wife based on the guidance at https://www.gov.uk/apply-indefinite-lea ... ligibility

Adults
You can apply to settle as an adult on the private life route if you:
- are aged over 18 (which my wife is)
- were given a visa on the basis of your private life in the UK (does the current FLR(M) visa count as a private life visa?)
- have lived continuously in the UK for 10 years with a visa (my wife has been here for over 12.5 years, but there was a break of more than 184 days at one point, and I am uncertain if this is allowed with absences)
You can include time you’ve spent on any other visas which lead to indefinite leave to remain (my wife had a dependant ICT-established staff visa for 10 years and currently holds a 2.5-year FLR(M) visa). You must have had a visa based on your private life for at least one year on the day you apply (current 2.5 years FLR (M) does it count?).

If the above option is not suitable, the only possibility seems to be taking the risk of applying for SET(LR) for my wife only, based on serious and compelling reasons for her absence exceeding 184 days (complicated pregnancy).

For my CHILD who is 7 now

Based on the outcome of my wife's ILR application, I am considering applying for SET(F) or directly taking the risk with MN-1. Alternatively, I would like to know if my child may be eligible for any other route, such as the 7-year child route.

I would greatly appreciate any guidance or insights you can provide regarding my considerations.

Thank you. Your assistance will be immensely helpful.

Warm regards,
Ragav

[secret.simon]

FLR(M) is not a private life route leave to remain. That should answer most of the questions regarding the options for your wife. FLR(FP) and the new FLR(PL) are private life leave to remain routes.

With regards to your son, it is expected that for a child born abroad, both the second parent and the child have ILR (and the other parent have British citizenship, which you do) before registering as British citizens. Can you give exceptional compelling or compassionate circumstances as to why the child should be registered as a British citizen despite not meeting at least two expectations?

The 7 year child route for ILR applies to children born in the UK. I doubt that your child is eligible for that route. In this case, I think the best route for the child is in line with the second parent.

Keep in mind that your British citizenship is irrelevant for the purposes of changing the immigration pathway of your wife and child.

[zimba]

I totally agree with Simon. Your spouse and child are not under the private life route so the private life route does not apply. The non-UK-born child has no entitlement to British citizenship at all and must follow the same immigration path as your wife. It seems they need to wait until 2025 to apply using SET(M) under the family route

[ragavhorti]

Thanks for the replies.

But can I switch FLR (M) to FLR(FP) or the new FLR(PL) for my wife and son and apply for Indefinite leave to remain (Private Life) next year? This will save another 1.5-year wait for ILR.

You must have had a visa based on your private life for at least one year on the day you apply -this will be applicable after 1 year if we can switch to private life.

[zimba]

Thanks for the replies.

But can I switch FLR (M) to FLR(FP) or the new FLR(PL) for my wife and son and apply for Indefinite leave to remain (Private Life) next year? This will save another 1.5-year wait for ILR.

You must have had a visa based on your private life for at least one year on the day you apply -this will be applicable after 1 year if we can switch to private life.

Time spent under the family route counts if they switch to the private life route but on what basis do they qualify to switch to private life ??

[ragavhorti]

I have taken a risk applying SET(LR) for my wife with compelling reasons and succeeded. For info to others, if no priority option exists while paying the ILR fees, just log in at 1 AM to get the option to pay 800 more. Now I am applying SET (F) for my son.

[ragavhorti]

Hi Moderators,

Need your opinion please, as mentioned earlier my wife received ILR based on compelling reasons and I am applying MN1 for my son based on the same discretion used for my wife's ILR (due to complicated pregnancy decided to give birth outside the country). Highlighting If it were not for pregnancy complications, our child would have been born in the UK. Can I quote the case ID of my wife's successful ILR application, please?

Thanks!

[CR001]

Hi Moderators,

Need your opinion please, as mentioned earlier my wife received ILR based on compelling reasons and I am applying MN1 for my son based on the same discretion used for my wife's ILR (due to complicated pregnancy decided to give birth outside the country). Highlighting If it were not for pregnancy complications, our child would have been born in the UK. Can I quote the case ID of my wife's successful ILR application, please?

Thanks!

Please ask your British citizenship questions in the British citizenship sub forum. These questions are not relevant to the ilr topic and sub forum.

british-citizenship/

[zimba]

Note that MN1 is a nationality application and NOT an immigration application. Concessions made under the immigration rules are NOT often relevant under the nationality law