Varying application-ILR for dependent-very urgent pls help

[Ish]

I am really confused with my situation, please advise me on this.

I have booked an appointment for ILR same day service, for next wednesday(25-Apr-2012), for myself and my dependent wife and son (dependents are now on tier 1 dependent status ).

My details (Main applicant)
completed 5 year (under HSMP JR)
current visa expires on 05-may-2012
I am completely eligible for ILR now.

I have 2 dependents (wife & son ) both on Tier 1 dependent visa now
Unluckily my wife's initial visa expiry date was till feb 2012(3 month short comparing with mine), so I have applied for extension in Jan 2012 and still waiting for passport.(decision not yet made).

My son in Tier 1 dependent visa valid till mine (05-05-2012)

Both dependant stayed less than 2 years.

As per HSMP JR I believe all 3 can apply for ILR

As I said my wife's visa is still in progress, I am not sure how to handle the situation.

Question 1:
Can I go for ILR along with my son (ignoring wife for ILR as her Tier 1 ext still in progress)? Will they consider ILR for myself and my son without wife?

Question 2:
If I apply myself alone for ILR, then how to deal with my son's visa as his tier 1 dependent visa is valid only till 05-05-2012?

Question 3:
I heard an option about varying application. Can I vary my wife's tier 1 dependent extension visa to ILR at PEO office same day premium service?

Question 4 :
If in case I apply for FLR(M) for both then do my wife need to write English language test?

I am really confused, and not sure what to at this point of time. Please help

- Ish

[vinny]

If your son was born in the UK, then he may skip ILR. Else, include him with your ILR application. Vary your wife's application to ILR, to be in line with yours.

Not sure if it will be too much for the PEO or not?

[Ish]

If your son was born in the UK, then he may skip ILR. Else, include him with your ILR application. Vary your wife's application to ILR, to be in line with yours.

Not sure if it will be too much for the PEO or not?

Many Thanks Vinny for your reply.
Just want to confirm couple of things

Actually my son was born in India and he came here as Tier 1 dependent.

Question 1:
To vary application should I use the below form?
http://www.ukba.homeoffice.gov.uk/sitec ... stanc2.pdf

Question 2:
Have you come across any success story with similar situation as mine?

Question 3:
Is child always should be inline with mother for ILR?

Thanks in advance.

-Ish

[vinny]

I think that she should use SET(O) to vary her application. Child's may be in line with yours.

[Ish]

I think that she should use SET(O) to vary her application. Child's may be in line with yours.

Thanks again for your prompt reply.

Do you mean set(o), all dependent's in one form along with main applicant?

What I understood from your point is that there is no need to fill any form (like change in circumstance form) to notify HO about my wife's visa in progress. Is that right?
Anyway, I will be including in the cover letter explaining the situation.

Thanks
Ish

[Ish]

Good news - Call Recieved. ILR Approved for myself, Kid & wife. Will provide more info on case and documents shortly. Many Thanks Forum

1. Applied for ILR (SET(O))
2. Date of expiry of current leave (visa) : May 2012
3. Number of applicants: 3
4. Home Office Location: Croydon
5. Time of appointment: 10:30 am
6. Date of Appointment attended: 25 April 2012
7. Reason given by case worker: Biometrics given, system down
8. If call received, date of call received: Call Recieved. ILR Approved
9. Date Passport, Documents and letter of approval received: Ready for collection, will collect it tomorrow
10. Date (new) leave to remain valid from: <awaiting>
11. Date BRP received: <awaiting>[/quote]

[vinny]

[Ish]

Many Thanks to the forum. Special thanks to vinny.

Here is my update. (Background - Read the first message on this page, User 'Ish' - Post Posted: Sat Apr 21, 2012 6:31 pm Post subject: Varying application-ILR for dependent-very urgent pls help)

I applied at croydon PEO on 25-Apr-2012 , I was sent back home due to IT issues, and after a month 25-may-2012 I received a call from HO, the case worker (lady ) told me that she have approved mine and my son. And she asked me to withdraw my wife's application as her previous application's decision has not been made by that time. However I managed to explain the case worker about application varying rules and wife's previous visa expiry date ( date was not same as mine for unknown reason, 2 month shortage). The case worker listened to me patiently and she spoke to her colleagues keeping the phone line on hold, later she told me that she will call me back. I received another call after 30 mins, she told that my wife's previous application is in sheffield and she can't do anything without my wife's passport. And she told that sheffield office should close wife's first application and send passport to the case worker to process ILR in line with main applicant. I told her to hold my application approval until she get my wife's passport from sheffield, luckily she said YES and told me that she will call me back once she receive my wife's passport. After a week 31-May-2012 I received a call from same case worker, she told that she had received passport and now she is happy to approve ILR for all three. Great news for me. Honestly I should say that I am lucky because the case worker patiently listened to me whatever I said. Many thanks to her. And one more good news HO paid us back the first application fees as they agreed that the expiry date of my wife's initial visa was not same as mine, and it could be because of Typo error.