10 year ILR route for spouse and child

[BMan0313]

Hi Zimba,

I'm new to this forum. I need some guidance on Ilr 10 route for my child and wife. I currently have ILR which I obtained December of 2019.my wife and daughter have been living with me since January 2015 in the UK. They were in the UK as dependents on my tier 4 visa. They switched to family visa in March 2020 and currently on the family visa.
My question is they have completed the 10 year continuous residence as off Jan. Can I apply Ilr for them individually on the ILR Long Residence route? Sorry if I posted the question in the wrong chat. Can someone advise please? Thanks

[BMan0313]

The reason I ask this question is, when I try to apply for ILR using the LR form, there is this message:

"If you are the spouse or partner of someone who is settled and currently living in the UK and you have completed the relevant period of continuous leave in the UK using the 'Family Route', you cannot use this form. You must instead apply using the form Apply to settle in the UK - Partner of a person or parent of a child already settled in the UK."

[zimba]

They can apply under the long residence without any issues. You seem to have incorrectly interpreted the note on the form SET(LR). That note simply says to avoid using form SET(LR) if you intend to apply for ILR under the FAMILY ROUTE rules (i.e. the 10-year FAMILY route) as you should use a different form.

However, it does NOT talk about their current visa or tell you that they cannot use SET(LR) if they happen to be on the family route. Under the long residence, your current visa route is irrelevant

[BMan0313]

Thanks for the reply Zimba. I’m glad I came here to check. I’ll use the ILR LR form (2 separate forms)to apply for them