FLR for wife and Indefinite for the UK Born kids

[wowboy]

Hi,

Please senior members your help greatly appreciated.

My application for ILR (10years) currently under process, my wife and 2 kids are on Tier1 G dependant which expiring in 2015.
My wife entered as PSW Dependant in 2008 then Tier G1 dep. since 2010 so old 2 year rule apply.

1-I'm really confused, we want to apply for my wife FLR(M) and as soon as she gets it she'll apply SET because she will have been in UK over 5 years. I didnt know there was maintenance requirement? How much maintenance does she need to show when applying for FLR(M). It says " You and/or your settled partner must demonstrate that you and/or they can cover your living expenses without recourse to public funds in the UK for 2 years"? But there's NO accurate amount is shown, or is it income we need to show?please correct me if this is irrelevant in my situation.

2- She will apply for FLR(M) and then SET(O), does same process apply for my UK born children as well, I know I can register to British Nationality, I'm afraid this is not an option for me I need my children to have my country citizenship first.
So if I want my children to have just ILR should they also apply to FLR then SET or Can they apply straight to SET because they are under 18 and born in UK.

3- We have travel planning next year. In order save time I had following in mind: My ILR under process but have got ref number, based ref number I want to apply via post for my wife FLR and kids SET, so case worker can consider their application straight away after making decision on mine? Please correct me if I'm doing right thing.

I'm sorry if i'm asking same question which was asked before by other people I just cannot get right understanding...

Many thanks in advance.

[vinny]

See also Dependant of ILR (long residence) applicant on PBS leave.

[Amber]

Your children do not need leave as they were born in the UK and are instead entitled to register as on form MN1 by virtue of section 1(3) BNA when you are granted ILR.

Your spouse should apply for FLR(M) before her leave expires and can do this by post if you have not had a decision, asking for a decision to be made after yours. Once she has been granted FLR(M) she can settle on SET(M) subject to meeting the other requirements including KoLL - LIUK and B1 English by virtue of immigration rule 287(a)(i)(d).

[wowboy]

Your children do not need leave as they were born in the UK and are instead entitled to register as on form MN1 by virtue of section 1(3) BNA when you are granted ILR.

Your spouse should apply for FLR(M) before her leave expires and can do this by post if you have not had a decision, asking for a decision to be made after yours. Once she has been granted FLR(M) she can settle on SET(M) subject to meeting the other requirements including KoLL - LIUK and B1 English by virtue of immigration rule 287(a)(i)(d).

Dear Amber and Vinny,

Could you clarify following for me:

I called twice to UKBA helpline and got 2 different answers.


I'm planning to apply SET M for my wife after she is getting FLR M, I want to include 2 UK born kids to SET M as Dependant (I'm not applying for British Citizen for my kids yet and chose to apply for them ILR as well).

When I asked should I fill SET M for my kids and include to my wife application as dependant, one of the adviser said yes and that way I'll pay wife (SET M)-£1051 and kids- 2x£788 (SET M)

However 2nd adviser suggested, because kids did NOT apply FLR M dependant at the time when my wife was applying to her FLR M therefore kids have to apply separate SET F application that way wife SET M-£1051 and kids SET F - 2x£1051.

First option would be cheaper for me if possible.

I would be very grateful if you could give advice, I did read related threads cannot find clear answer to this unique situation.
Many thanks in advance

[vinny]

This seems to be the case where multiple Immigration rules are applicable for your children.

FLR(M) - 302

SET(M) - 299

SET(F) - 299 or 306 if born in the UK

Don't forget that if you include them in the FLR(M) application, then there are also fees payable for them.