Query on best way to proceed my Wife's & Son's application

[ziaul1234]

Hi
It would be really appreciated if someone could help me advising the best way to progress visa application for my wife and son.

I came to UK in FEB 2007 and my wife joined me in UK as my dependent in DEC 2008. She always extended her visa as my dependent and her most recent visa is as PBS Tier 2 Dependant which is expiring NOV 2017. I am currently on Tier 2 Visa expiring NOV 2017. During her period of stay in the UK she had gaps over 6 months in a year when she stayed abroad.

Our little son was born in UK and he is now 4 years old. He is currently on PBS Tier 2 Dependant visa expiring NOV 2017. He also stayed abroad over 6 months in a year with him mum.

I will be eligible for ILR based on Long residency in UK on JAN 2017. I am planning to go for 1 day service for me. I would really like some advice on which would be the best way to progress my wife's & Son's visa application. Do they have to apply with me or can they apply anytime before their current leave expires which is NOV 2017? On which route they will be eligible for ILR sooner? etc.

NB: The most recent visa which is my Tier 2 and Dependant of Tier 2 was obtained from back-home as per the requirement of home office as I switched from Tier 4.

Many thanks

[iworker]

there is only one way forward.
you apply for ilr alone.
you then apply for MN1 reg for your kid.
you also apply for flr(m) for your wife.
Once she reaches her 10 years, she can apply for ilr. This is based on the fact that she would have reached 10 years in dec 2018. you will have to check if she has spent more than the days allowed to spend outside for 10 year application. if that is the case, then she will need to continue on flrm and apply when her absences are within limits

[ziaul1234]

you also apply for flr(m) for your wife.
Once she reaches her 10 years, she can apply for ilr.

Thank you iworker for you reply. Would you know if my wife will have to switch to FLR (M) same time when I submit my ILR application in JAN 2017 or she can do anytime before NOV 2017 as this is when her Tier 2 Dependant visa will expire? Would she be counted as over-stayer if she applies for FLR (M) let's say in JULY 2017? I will be applying for ILR on Long residence route in JAN 2017 using 1 day service.

I have tried to google any document related to this question but couldn't find any. Would appreciate a response.

[CR001]

She can apply at any time before her current visa expires, provided she does not have travel plans abroad as this would be risky.

[ziaul1234]

She can apply at any time before her current visa expires, provided she does not have travel plans abroad as this would be risky.

Many thanks CR001 for your reply. Just wondering if you have any link to a document that clarifies that she can apply at any time before her current visa expires as pbs dependent although main applicant has applied for ILR on long residency route. Sorry, just want to double confirm.

[CR001]

Which is why I stated that traveling out of the UK on her current visa is risky once you get ILR based on long residence.

See link below, which contains other links and the changes (last post) that came in from April 2014

http://www.immigrationboards.com/immigr ... 43881.html

[ziaul1234]

Many thanks for clarification. Much appreciated.