ILR based on long residence dependant enquiry

[Gagan1986]

Hello to all after a long time.

Have got a query for my cousin who is looking to apply for ILR under 10 year rule. His details as follows:-

First date of entry - 4th Sept 2003
Currently on Tier 2 expiring in April 2014
Wife who has been living in the UK August 2004 but got married in Feb 2009 and she is dependant on him. Also 8 months child who is dependant on tier 2.

The question is can he apply alone? Or is it mandatory for him to apply for his wife and child now on the same application.

I believe if he applied alone his wife's and kids visa be still valid till April 2014 and then can they apply for ILR direct?

Thanks

[Amber]

Where was the child born?

[Gagan1986]

Was born in the UK?

[Amber]

The child doesn't need to get another visa (unless travel is urgent) just register the child as British by virtue of section 1(3) on form MN1 when the Father or Mother is granted ILR.

If the applicant is applying as a 10-year applicant the spouse will have to switch to FLR(M) and then may be eligible to settle straight away or she can apply to settle once she reaches 10 years valid legal stay.

[Gagan1986]

Thanks for the reply. So basically wife will have to apply with the main applicant now. When will she be granted ILR then?

[Amber]

If she applies for FLR(M) asking for a decision to be made after her husband's case, then she could apply to settle immediately on SET(M) once granted FLR(M) by virtue of immigration rule 287(a)(i)(d) or when she reaches 10 years on form SET(LR).

[Gagan1986]

Thanks for that. When the dependant will apply with the main applicant for FLR M, does her number of days spent outside UK matter or have any implications?

[Amber]

Absences should be limited and for good reason, if substantial, proof of a subsisting relationship.

[Gagan1986]

Thanks. Dependant's absence is limited. I believe there is no set number of days restriction on dependants absence?

[Amber]

Indeed. They should just be limited and for good reason.