ILR dependant advice needed urgently

[Chanel1]

Hi
I wonder if you could please help me regarding my scenario below;
I have been on a work permit from September 08 to 24 September 2013. Still sponsored and employed by same firm. I am about to apply for my ILR this friday. I passed my life in Uk test.

Unfortunately my husband who has been on a spouse visa since Aug 2010 and lived with me in the UK has not passed his life in UK test. We also have a baby daughter who was born in the UK and is also my dependant.

1)Should I apply for my ILR on my own this friday (Set O)or
2) wait for my husband to pass his life in Uk test and apply together (Set O)
3) what will happen to my husband if I apply on my own for ILR, can my husband who is my dependant applies ILR on his own assuming he passed the life in Uk test before the expiration of his visa
4) if does not have pass life in uk test before expiration of his visa, what does he have to do? Apply extension visa on which form?
5) if i get my lLR on my own, can my baby daughter applies for registration/british passport or has to wait for daddy to also have ILR?

Please advise me as soon as possible. The deadline to cancel PEO appointment is tomorrow morning.

Thanks

[geriatrix]

1. Your choice.
2. Your choice.
3. Yes.
4. Apply for FLR(M) leave. English language requirement applies.
5. Read Q29-Q32.

[Chanel1]

Thanks so much for your quick response. Regarding question 3 you said yes. So if he passes the life in uk test before expiration of his spouse visa, he can apply ILR by himself? Can you please give some more details ie which form of visa to apply? What is the form called?

Thank you so much!

[vinny]

4. Don't use FLR(M). Apply for an extension as a work permit dependant, probably on form FLR(O), under 196B.

After satisfying KOL, use SET(O).

[Chanel1]

Hi thanks for your reply.

4. Am a bit confused. so you are saying not to apply for FLR(M) But FLR 0 for extension of visa if he does not pass his test before expiration of his visa. But if am now on ILR, how can he be on extension of work permit dependant? So once he passes the life in UK test, he can apply SET O by himself? I cannot see the category for him on SET 0.

3. Regarding question 3, could you please help. which form do i need? what is called?

thank you so much!!!

[vinny]

Do click on given links for more information. The Immigration rules permit him to continue as a work permit dependant after you are granted ILR.

IMHO, he should not use FLR(M) because Part 5 is not Part 8. The transitional provisions are only applicable to those who applied under Part 8 prior to 9 July 2012. Spouses, who are not subject to the transitional provisions, are subject to the current rules. Their qualifying period (under FLR(M)) for ILR may be reset (E-ILRP.1.3).

As stated previously, husband may use SET(O), with you or on his own after you, when applying for settlement.

[geriatrix]

Thanks for the correction, Vinny.

[Chanel1]

Thanks so much for clarifying both of you.

Can i ask when he applies set O form on his own if he passes the life in uk test before expiration of his visa. All the details ie main applicant on set 0
will be him right? Eg salary, soc code etc. where do my details go on the set 0 form?

Thanks Vinny and Sushdmehta!

[geriatrix]

SET(O) form -> page 9 -> section B -> last option in the list
And, the sentence above (where it says in bold) "Section B" applies.

Your details will go in there only if the applicant (your spouse / partner) is asked for spouse's (i.e. - your) details in the form.