ILR (Long Residence) Same Day Decision

[haqhash]

Dear Members,
I have 2 questions.

1. for 10 Years ILR application , is there same day decision service available? My friends are telling me that , they take the application and documents but do not give decision same day. Instead documents are returned in the post. Is it correct?

2. I will be applying in October. I have wife and 3 years old child who have visa till april 2016. Is it good to apply my visa first and apply for the family after the decision OR apply for all three of us in one go?

I would really appreciate your valuable opinion

Thanks

[CR001]

1. Yes, same day is available now. If your case is straightforward, you should get a decision on the day. If your case is complex, i.e. tax/HMRC issues, self employment income declaration difference to HO and HMRC etc, then it is likely your application will not be decided on the day.

2. When you say apply for your family, do you mean ILR? There is no dependent option for their ILR if you apply on long residence basis. They would have to switch to FLR(M) and it will reset their clock to zero and will be a new 5 year (2 x 2.5 year visas) before qualifying for ILR (unless they reach 10 years long residence first). For FLR(M) switch, you have to meet the income requirements and your spouse needs to meet English A1 level. They will also have to pay the immigration health surcharge of £500 each.

What is your full immigration history?

[haqhash]

Dear CR001,
Thanks for the reply.
I came in UK Oct 2005. I am on Tier 1 general at the moment which expires April 2016 so as my dependents.
My wife and UK born child are my dependents. My wife came in 2012 and child is 3 years old. So shall i apply for my ILR and my wife dependent visa at the same time? Or shall i get my decision first using premium service and then apply their visa.

My self employed accounts are accurate with HO and HMRC

I understand my child gets citizenship afer my ILR.


Many Thanks

[CR001]

On what date did your wife apply and enter the UK as Tier 1 dependent?

[haqhash]

March 1st 2012

[CR001]

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.

[haqhash]

Dear CR001,
Thanks for the detailed reply. I appreciate you valuable and prompt answer. I will certainly consult about it

Another quick question if i may ask please

1. Our visas expiring in April 2016. If i only apply for myself and get ILR on same day , what will be the immigration status of my wife and child? I am assuming that they will have time till April 2016 to switch their category. Please advice


Many Thanks