Post
by CR001 » Sat Sep 12, 2015 8:35 pm
If you apply for ILR based on 5 years residence Tier 1 General, your wife will qualify for ILR at the same time as you in April 2016, provided she has LIUK and English B1.
If you apply for ILR based on long residence in October 2015, your wife will have to switch to FLR(M) and pay the health surcharge on top of the visa fee, A1 English is needed, and you need to show £22,400 financial requirement (includes your child as child is not British yet). If your wife gets FLR(M) on same day as your ILR LR, she will only qualify for ILR in 2020 and will have an FLR(M) extension and health surcharge 2.5 years after her initial switch to FLR(M). She will lose the time a Tier 1 Dependent already spent in the UK as it will not count towards the new 5 year residence requirement.
My advice would be to apply for ILR based on your Tier 1 with 5 years residence for both of you together next year.
Child is fine, either way you get your ILR, child can be registered on MN1 as British.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.