Which visa for ILR(Long Residence) Spouse. So confusing

[karthick.kg]

Hi,

I have checked through the forum and seem to get some mixed answers for my questions. Hence, asking separately. Kindly excuse if it is a repeat.

I have recently applied for a Indefinite Leave to Remain under 10 years Long Residence. I am expecting a result by next month and I wish to clarify under what category I can apply for my wife and children.

My wife is currently here as a Tier 2 dependent (Tier 2 being my current visa category) and the visa was obtained in February 2013. She has been in the UK as my spouse since March 2008 as my dependent under various visa's (Tier 4 & Tier 2)

Question 1: Does she qualify to apply for 'Indefinite Leave to Remain' [Form SET(M)] as soon as I receive my ILR? I am asking as some places say it has to be 2 years while others say it has to be 5 years based on her most recent visa which was granted in Feb 2013. She has always been living with me since March 2008 in the UK.


Question 2: I have two kids (1 year & 5 year old, both born in UK). Do both my kids become eligible to 'Register as British Citizen'? If not, what application should one/both of them use to extend their stay?

Much appreciate your responses.

Thanks.
Kind regards,
Karthick

[Amber]

Q1: No, she will have to apply for leave to remain (FLR(M)) assuming she meets the requirements, including the Financial Requirement and English Language. It may be more advantageous for you to remain as a T2 applicant if that was a route to settlement and if you can qualify for settlement under that route. In such case your application for ILR may be withdrawn.

Q2: Yes, the children will be entitled to register as British pursuant to section 1(3) of the 1981 Act as soon as your are settled (granted ILR).

[karthick.kg]

Thanks for the quick reply Amber.

So, does it mean that she will have to wait 5 more years to apply for ILR?

Thank you once again.

Kind regards,
KG