ILR or FLR(M) for dependent with child

[abdulcoolguy]

Hi All

It would be great if you could please read my case and provide me a possible suggestion/advice. Thanks.

Situation:

1. I got HSMP Visa on Feb 18 2008 and made my first entry to UK on Apr 3 2008.
2. I applied for Tier1 extension in 2010 valid until Feb 18 2013.
3. My wife came to UK on Mar 20 2011 as a Tier 1 dependent with her visa valid until Feb 18 2013 again.

Question:

I am thinking of applying for ILR by mid Jan 2013 by Premium same day application. But my wife would have completed just 1 yr 10 months when I apply for ILR. So should I apply for FLR(M) for my wife once I get ILR? Or is it best if I go for same day ILR application and then apply for postal ILR application for my wife? Most importantly, to add to this, we are expecting a child by Mar 2013. So I am quite confused as to which path would be the best way forward.

Any help/advice would be greatly appreciated. Thanks.

Regards
Abdul

[geriatrix]

If you apply together in person it will be up to the caseworker whether to disregard the shortfall with regards to your spouse's stay in the UK or whether to defer the decision until she completes the required 2 years stay (or he may advise you to apply by post instead). If he disregards it then all is well but if he doesn't then you can follow either of the options outlined below. So, if you do wish to apply together and in-person then my suggestion would be that you do it closer to end of Jan 2013.

The other option is that you alone apply in person, and assuming you receive a same day decision, your wife then applies by post before her leave expires.

The one advantage of the either of the options outlined above is that your child (to be born in March), if born in UK, will be a British citizen by birth (if either parent has settled status on the day of child's birth).

Lastly, you always have the option of applying by post near the end of your current leave.

Your choice!

[abdulcoolguy]

Hi sushdmehta

Thanks for the reply. Much appreciated. I think I will apply in person, get the ILR hopefully that day, and then apply by post for my wife. Thanks again.