10 years long residence, help needed.

[stoorrey]

Hello every one!

can anyone kindly help me with these questions?
I am currently on Tier 1 (general)
Visa Expires: 14/05/2013
Dependants:
Wife: Visa Expires: same as mine (came to UK as dependant in Sep 2008)
Child 1: Visa Expires same as mine (Born in UK)
Child 2: New Born, no visa yet: (Born in UK)
My 10 years will be completed on 20/11/2012
I will apply after 20 October for ILR on 10 years basis after 20th November 2012.
My questions are:
• I know my dependants can’t apply with me for ILR on SET (O) but can they apply on FLR(M) form at the same time as me though they have a dependant visa till May 2013.
or they have to wait till the outcome of my case
• If they can’t apply now then when they can apply.
• What will be the immigration status of dependants if they don’t apply at the same time as me?
• If my 10 years case is not decided till the expiry of my Tier 1 visa, do I have to withdraw my application and apply for extension on Tier 1 (General) basis?
• If my case is not decided till my visa expires and I don’t withdraw and afterwards I have a negative outcome, will I be able to apply for extension on Tier 1 basis.
Any more information about my case will be helpful.
Thanks in advance and May God Bless you all.

[wpilr_nov12]

Alternately you might want to look at the possibility of qualifying/applying under 5 year route if your and spouse visa permits. The advantage is that you could go for a PEO alongwith your wife, and under ideal situations, you would be filling out your child's MN1 the following week. The only disadvantage is it would be May 2013 (if you complete 5 years then). But if you went for 10 yrs route, you are still looking at Mar 2013 or after for you to get a decision.

[stoorrey]

Alternately you might want to look at the possibility of qualifying/applying under 5 year route if your and spouse visa permits. The advantage is that you could go for a PEO alongwith your wife, and under ideal situations, you would be filling out your child's MN1 the following week. The only disadvantage is it would be May 2013 (if you complete 5 years then). But if you went for 10 yrs route, you are still looking at Mar 2013 or after for you to get a decision.

Dear wpilr_nov12
No we are not yet qualified on 5 years, i have to get one more extension on the basis of Tier 1.
if you can answer my original questions that will be of great help.
thanks

[Ged]

Although they cannot apply at the same time you do, they seem to have nothing to worry about. Wait until you receive your ILR and apply for your dependants afterwards, as you seem to have enough visa for this. There is a very useful post under this link;

http://www.immigrationboards.com/viewtopic.php?t=105162

This should clarify most of your questions.

When you launch your application, your current leave remains active until a decision is reached so you are safe until a decision is made. However this also means your dependants are only safe until the end of their current leave. If you realise that your ILR will not be ready before the time your current leave expires then, you need to apply for them using FLR(M) before their leave expires. Please read the link I gave and if you still have questions ask again.

[Ged]

Since your wife has been here as your tier 1 dependent for more than 2 years, this means she will be able to apply using set(m) (not flr(m)) for ILR directly as soon as you get yours as long as you get your ILR before the end of your current leave. Kids can directly apply for citizenship when you get your ILR.

(Update on this issue: sushdmehta has changed the contents of his sticky link under here;

http://www.immigrationboards.com/viewtopic.php?t=105162

According to updated link, tier 1 dependents are still required to apply for FLR firsts ILR afterwards. So using FLR(M) first and SET(M) afterwards will be required. So in practice, there will be two fees to be paid and the process will take longer.)

[stoorrey]

Although they cannot apply at the same time you do, they seem to have nothing to worry about. Wait until you receive your ILR and apply for your dependants afterwards, as you seem to have enough visa for this. There is a very useful post under this link;

http://www.immigrationboards.com/viewtopic.php?t=105162

This should clarify most of your questions.

When you launch your application, your current leave remains active until a decision is reached so you are safe until a decision is made. However this also means your dependants are only safe until the end of their current leave. If you realise that your ILR will not be ready before the time your current leave expires then, you need to apply for them using FLR(M) before their leave expires. Please read the link I gave and if you still have questions ask again.

Dear Ged
Your information is very usefull and looking like answers my queries. i will also read the other post and if still there is anything i need to know, i will, like you said, get your help. This forum is so good becasue of kind peolpe like you.
Regards