ILR on 10 Year basis...Needs Guidance

[asifkhan78]

Dear Friends

I will be applying for ILR on 10 years basis on 17 Feb 2015.
Currently I am on Tier 4 which expires on 27 March 2015
I have wife and two children all are my dependants (Tier 4 Dependants)
My wife came to UK on 16 July 2010 as my dependant and my both kids are UK born and declared their nationality for travelling purposes. Their visas also expires on 27 March 2015.
My question is that I will be using form SET(LR) for my ILR Application but What form I will use for my dependants and whether they will receive 2 years visa, 5 years visa or ILR (Considering my wife came before 9 July 2012 as my dependant and we are living together for 4 years).

I met a solicitor today and he said that use FLR (FP) for your dependants and they will receive ILR.
I want to put this question to experts here.
Thanks

[CR001]

Your dependents need to apply on FLR(M) and there is a financial requirement you need to meet and an English language Level A1 requirement that your spouse needs to meet.

https://www.gov.uk/government/publicati ... -form-flrm

They will be on a 5 year route to ILR (2 X 2.5 year visas) before they qualify for ILR.

FLR(FP) will not give them ILR either and appears it will be a 10 year route to ILR

https://www.gov.uk/government/publicati ... form-flrfp

The rules changed in April this year and their ILR clock will reset and they cannot use the time spent before 6th April 2014, unless it is included to reach 10 years long residence themselves.

http://www.immigrationboards.com/immigr ... l#p1005367

[Obie]

Are you really sure that a solicitor said you should use FLR (FP) and you wife will be issued ILR.

I know there is a problem with some UK solicitors , but I am sure the solicitor will not give such advise.

The form seems correct but product he said the form will give is wrong. Provided of course , he did say that.

How long has your children lived in the UK?

How old are they?

Yes your wife came in before July 2012, but you did not qualify for ILR before 2013 April, as a result she did not qualify for FLR under 284i , before that rule was changed. Therefore she will have to go on the 5 year or 10 years route depending on your circumstance, and she will qualify for ILR in 6 years time. If you are working and earning 18600, she may qualify in 5 years.

[asifkhan78]

Your dependents need to apply on FLR(M) and there is a financial requirement you need to meet and an English language Level A1 requirement that your spouse needs to meet.

https://www.gov.uk/government/publicati ... -form-flrm

They will be on a 5 year route to ILR (2 X 2.5 year visas) before they qualify for ILR.

FLR(FP) will not give them ILR either and appears it will be a 10 year route to ILR

https://www.gov.uk/government/publicati ... form-flrfp

The rules changed in April this year and their ILR clock will reset and they cannot use the time spent before 6th April 2014, unless it is included to reach 10 years long residence themselves.

http://www.immigrationboards.com/immigr ... l#p1005367

Thanks C001 and really appreciate your responce.

Again the question is that I cannot fulfil financial requirements because of Tier 4 status with no work permitted.
second FLR M form is for the following categories
a) Partner of a british citizen ( I am not british so cannot use this option)
b) Partner of a person present and settled in UK ( in my case I am present but I am not settled so i cannot use this option)
c) Partner of a person with refugee leave or a person with humanitarian protection. (Completely irrelevant to my case)
d) Biometric immigration document (Biometric Residence Permit (BRP)) [somehow I can use this option]
but It is also mentioned in FLR M guidance that "You must not use this form to make an application for an extension of stay in the following categories:
• On the 10 year Partner route under Appendix FM of the Immigration Rules. You must complete form FLR(FP)." page 2

Now coming to FLR FP form can be used in the following categories

a) Family life as a partner (10 year route) [looks relevant and applicable in my case]
b) Family life as a parent (5 year & 10 year routes) [not relevant]
c) Private life in the UK (10 year route) [not relevant]

By comparing FLR M and FLR FP....which option I should go for now?

[asifkhan78]

Are you really sure that a solicitor said you should use FLR (FP) and you wife will be issued ILR.

I know there is a problem with some UK solicitors , but I am sure the solicitor will not give such advise.

The form seems correct but product he said the form will give is wrong. Provided of course , he did say that.

How long has your children lived in the UK?

How old are they?

Yes your wife came in before July 2012, but you did not qualify for ILR before 2013 April, as a result she did not qualify for FLR under 284i , before that rule was changed. Therefore she will have to go on the 5 year or 10 years route depending on your circumstance, and she will qualify for ILR in 6 years time. If you are working and earning 18600, she may qualify in 5 years.

Thanks Obie for your response...really appreciate it....
Yes u r right ILR is not possible through FLR FP and the solicitor was completely wrong in this regard....the form looks fine to me as well.....
my children are born June 2011 and October 2012 respectively and since then here in UK....first one just over three years old and second child is 23 months old....
If u check my response to CR001 above regarding FLR M and FLR FP what u think which form is right one .....my senses say FLR FP

[asifkhan78]

Your dependents need to apply on FLR(M) and there is a financial requirement you need to meet and an English language Level A1 requirement that your spouse needs to meet.

https://www.gov.uk/government/publicati ... -form-flrm

They will be on a 5 year route to ILR (2 X 2.5 year visas) before they qualify for ILR.

FLR(FP) will not give them ILR either and appears it will be a 10 year route to ILR

https://www.gov.uk/government/publicati ... form-flrfp

The rules changed in April this year and their ILR clock will reset and they cannot use the time spent before 6th April 2014, unless it is included to reach 10 years long residence themselves.

http://www.immigrationboards.com/immigr ... l#p1005367

Thanks C001 and really appreciate your responce.

Again the question is that I cannot fulfil financial requirements because of Tier 4 status with no work permitted.
second FLR M form is for the following categories
a) Partner of a british citizen ( I am not british so cannot use this option)
b) Partner of a person present and settled in UK ( in my case I am present but I am not settled so i cannot use this option)
c) Partner of a person with refugee leave or a person with humanitarian protection. (Completely irrelevant to my case)
d) Biometric immigration document (Biometric Residence Permit (BRP)) [somehow I can use this option]
but It is also mentioned in FLR M guidance that "You must not use this form to make an application for an extension of stay in the following categories:
• On the 10 year Partner route under Appendix FM of the Immigration Rules. You must complete form FLR(FP)." page 2

Now coming to FLR FP form can be used in the following categories

a) Family life as a partner (10 year route) [looks relevant and applicable in my case]
b) Family life as a parent (5 year & 10 year routes) [not relevant]
c) Private life in the UK (10 year route) [not relevant]

By comparing FLR M and FLR FP....which option I should go for now?
What visa my kids will recieve?