Long Residence ILR applied, category to apply for Dependents

[bobosh13]

Hi guys,
I have been reading this forum from time to time and it's fantastic.
I have a question, I hope someone can help me with:
I have applied for ILR in June 2013 on a 10 year residency basis (was on Tier 2- General to be expired on 28 August 2013).
My wife came to UK as my dependent in 2006 and has had a dependent visa since. Her most recent dependent visa was issued in 2010 and expires on 28 August 2013.
We have 2 daughters who were both born in the UK and they are on dependent visas same as my wife.
In 2011, they went back to our home country and only just returned to UK on 1 Aug 2013.
I need to apply for their visas, however, as I have already sent my ILR application to Home Office and I do not have it yet, I am confused as to what application forms to fill for my dependents.
Will I need to fill FLR forms for them? As I am not on ILR yet, what kind of dependent visa would they be applying under? Please help.
Also, when will they be eligible for ILRs?
Apologies if this has been covered somewhere else, but your insight would be appreciated.

[vinny]

Wife - FLR(M).
UK born children optional.

[Amber]

Your wife should apply for flr(m) asking for a decision to be made once your application is decided.

Your children do not need visas, once you're granted ILR they will be entitled to register as British by virtue of section 1(3).

[bobosh13]

Your wife should apply for flr(m) asking for a decision to be made once your application is decided.

Your children do not need visas, once you're granted ILR they will be entitled to register as British by virtue of section 1(3).

Thanks for your reply.

As my country doesn't allow dual citizenship, I will have to apply for dependent visas for my children too, as we are not intending to give up our citizenship from home country.

With regards to FLR (M) application, is there a template cover letter we could include?

Also, will that mean they will have to wait 5 years to get the ILR?

[bobosh13]

Wife - FLR(M).
UK born children optional.

Thanks for your reply vinny, the link is very helpful.

Would you be able to advise when my wife will be able to apply for ILR after obtaining FLR (M).

[Amber]

So you will be looking at Set(F) for the children at some point.

Your wife should be able to apply for settlement when she meets the qualifying period, it is still two years as you will have transitional protection. However, given the absences she may have to wait some time.

[bobosh13]

So you will be looking at Set(F) for the children at some point.

Your wife should be able to apply for settlement when she meets the qualifying period, it is still two years as you will have transitional protection. However, given the absences she may have to wait some time.

Sorry a bit confused about SET(F) for children: Would I not be able to include them in my wife's FLR(M) application, as dependents?

[Amber]

Yes you could also include then in flr(m) it may be costly I think it's an extra £433 each for postal, I'm on mobile. Set(f) would be available when both parents are settled/given permission to settle. I know it's your choice but I think the children would be better off becoming British whilst they are entitled to.

[bobosh13]

I am also not sure what option I will need to select on form FLR(M) in section 2.3 - where it asks "Please indicate what stage of extension of leave you are applying for"?


Can someone help?

[Amber]

Is there not an option that states - other and then leaves room for your to explain?

[bobosh13]

Hi guys,

Have been completing form FLR (M) and it's a bit complicated. Can you please help me out:
1. On my wife's application for FLR (M) is section 2.1 we have ticked the option saying she is applying as spouse of a person present and settled in the UK. (I haven't yet received the ILR, but I guess a cover letter will fix this?)
1a. So, in section 2.2, where it asks whether it is the first time she has applied for a visa in those categories, is the answer yes or no, considering the fact that she was on a dependent visa while I was on Tier 2 before (ie. was she considered a spouse of a person settled here?)
2. In section 7A - Financial Requirement, it says that if she was granted leave to remain as a partner following an application made before 9th July 2012, she is nor required to complete section 7A. So, my question is: given she was on a dependent visa before as explained above and given that she was away for 2 years prior to coming back recently, do we need to fill this section out or not?
3. As she's been away in the last 2 years, do we need to provide cohabitation letters? We don't have many at the moment, in fact have only got her bank statements.

Unfortunately I have a number of other questions too, so will ask them as I go along, if that's ok.

[bobosh13]

So, question number 4.
in section 6.9: have you lived together permanently in the UK with your sponsor since your last grant of limited leave to remain as a partner?
Not sure whether to say yes or no, as my wife and kids have been away the last couple of years, and I have been visiting them every 6 months.
Should I say no and explain in the comments box?

Q5. I am guessing she is required to show an English language requirement (not sure why?), will her IELTS certificate issued under two years ago (score 5.5) be enough?

[vinny]

Q5. I am guessing she is required to show an English language requirement (not sure why?)

284(ix). See also New English language testing for partners.

[vinny]

will her IELTS certificate issued under two years ago (score 5.5) be enough?

Did her test have an expiry date? Did her results exceed the English Language requirements?

[bobosh13]

will her IELTS certificate issued under two years ago (score 5.5) be enough?

Did her test have an expiry date? Did her results exceed the English Language requirements?

yea I think the expiry date on the IELTS certificate is 12 Sep 2013. Not sure if the results exceed the requirement?

[vinny]

Not sure if the results exceed the requirement?

From the link, you can see that it can be quite complicated.

[bobosh13]

Thanks vinny.

How about the other questions?

Can someone help?

[vinny]

They will probably expect evidence of subsisting marriage during the periods apart.

[bobosh13]

They will probably expect evidence of subsisting marriage during the periods apart.

Hi Vinny,

I remember seeing on the forum a covering letter template to tell the Home Office not to process the dependents' applications until my ILR is issued. I have been looking around and haven't been able to find it.
Would you be able to help me find it if you have seen it somewhere too?

Many thanks

[geriatrix]

And why can't you write such a letter on your own?

[bobosh13]

And why can't you write such a letter on your own?

I would like some ideas on what to write and I want to make sure I cover everything. Would you have any ideas what I can put in the covering letter. Just a little afraid that the Case Worker may reject her application and refuse the visa without waiting.
I hope that makes sense.

[bobosh13]

They will probably expect evidence of subsisting marriage during the periods apart.

Hi vinny, could you please advise whether I could apply for indefinite leave to remain under SET (F) for my children, instead of including them in my wife's FLR (M) application. One solicitor I spoke to told me that I could. But reading http://www.ukba.homeoffice.gov.uk/polic ... /children/ I can't really tell that I can, as it seems like both parents need to be settled for the child to get ILR?

[vinny]

I think that Amber is correct (302).

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.

[bobosh13]

I think that Amber is correct (302).

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.

I am really sorry I am asking the same question over and over, I am a little confused. So if I have applied for ILR under 10 year rule and if my wife is applying under FLR(M) - as a spouse of a person settled here. Does that mean my daughter (born in the UK) is allowed to apply for ILR under SET (F)?
My confusion is arising from the rule where it says that both parent have to be present and settled in the UK. Will my wife be counted as settled in the UK? Does settled mean on ILR (or British National)?

[vinny]

See also settled.