ILR for FLRM Kids born Abroad

[ilrholder79]

Afternoon

Can you kindly advise me on below scenario please?

I received ILR on 10 years route and have applied for naturalization pending outcome.
My problem is my wife and kids are age 7 and 6 born out side the country hold FLRM for 2 years received prior to 2014 April rule change.

Their FLR M runs out in Feb next year however my wife really struggling with Life in the UK Test & B1 Test and have started college to study a course for an year before she can sit in exam again.

I want to apply for my Kids ILR And not to extend their leave given the scenario above but i am getting conflicting advise and need seniors to advise if i can apply for their ILR on basis that i HOLD ILR and they are need required to Meet KOLL Requirement?

any advise will be much appreciated
Kind Regards

[ilrholder79]

Amber or Vinny or Any senior ops Please advise?

[ilrholder79]

Hi again. Really appreciate if someone could answer pls ?

[ilrholder79]

Moderatorssssssssssssssss wake up

[Casa]

Please consider that moderators give their time freely, often in the middle of a busy working day or when we could be enjoying family time. We moderate...we don't necessarily have the answer to all questions. I don't have an answer for you, but telling moderators to wake up is not likely to get you a prompt response.

[msunmy]

Hi ilrholder79

I'll try but please re-confirm.

Technically, if your kids are qualified for ILR on their own right(ie. have completed their terms), then they don't need to be attached as yr wife's dependant any more Complete their form separately and your wife can continue to extend on FLR(FP) till she is ready.

Cheers.

[CR001]

Hi ilrholder79

I'll try but please re-confirm.

Technically, if your kids are qualified for ILR on their own right(ie. have completed their terms), then they don't need to be attached as yr wife's dependant any more Complete their form separately and your wife can continue to extend on FLR(FP) till she is ready.

Cheers.

Please read the OPs post before answering questions to avoid confusing anyone. His spouse is on FLR(M) not FLR(FP) and needs to extend FLR(M) if necessary.

[msunmy]

Hi moderator,

I'm not confusing anyone and I was only trying to help as i had suggested that he should confirm .

Yes, i know its FLR(M) but I think if for whatever reason she'll not able to extend her FLR(m), she'll be able to use (FP) to push forward till she passes her B1 test and free the kids.

[vinny]

I think mother and kids may extend on FLR(M) under A277A(b), 285, 302 until mother is eligible for SET(M) under 288, 299.

[ilrholder79]

Pls accept Apologise for sounding desperate. They have been in UK since 2008 as my tier 2 dependent. When I applied for their FLRM in person prior to rule changes in April 14. I was told by UKBA staff at Sheffield office that I can apply for kids ILR by filling in SET F separately and mother can apply when she become eligible? Also if they are to extend FLRM I read that they wil be then Under new rules and will have to complete five years on FLRM? Pls advise

[iworker]

since kids are born outside, they can only apply ilr once both parents have ilr.
IMHO

[vinny]

I think that the changes prevents PBS spouses from switching under 285. It doesn't prevent spouses who were already granted leave under 285 from extending (A277A(b)).