Help/Clarity on ILR (10 Year Route) - Dependant Visa Options

[bossbaby82]

Hello Moderators, can someone help to clarify, I’m totally confused .

I received my ILR (10 year long residency route) recently. I would like to know what category should I apply for my wife and daughters (12 year and 4 year old, both born outside UK).

Bit of a history on my stay in the UK.

Came to UK on Dec 2010 (T2 ICT Established Stay) - Left UK on Dec 2012 before visa expiry.
Came back again on April 2013 (T2 ICT Long Term)
Converted to T4 Dependant on Nov 2017 as my wife started her Masters
Extended as T4 Dependant on Jan 2019 as she continued to do her PhD
Converted to T2 General on Oct 2020
Applied for ILR on Nov 2020 and received the ILR on



My Wife was with me in UK briefly (2-3 months / year) in 2012 an 2013. Started to stay permanently in UK from May 2014 as my T2 ICT dependant. Applied for her T4 Visa and got it on Aug 2017 as main applicant and extended to do her PhD on Jan 2019 which is valid until Jan 2023.

Question 1: What visa category should I apply for my wife as ILR dependant? I assume I should apply for FLR(M) based on information from different post, but not really sure. Is there any other route I can apply as my dependant?

Question 2: What visa category should I apply for my daughters. Should I include them in the same FLR(M) application as my wife’s? or is there any other route they can get the ILR as one of the rule reads ‘ if one parent has ILR, children under 18 can apply to that parent’s dependant ILR).

Currently my daughters are in T4 dependant visa of my wife (they were my dependant until Nov 2017 when I had the T2 ICT).

Really appreciate if you can help please or point me to previous post if already answered before.

Thanks in advance.

[CR001]

Q1. FLR M yes provided she/you meet the requirements.

Q2. Same visa as your spouse, FLR M. They will qualify for ilr when your spouse does. There is no shortcut route for them.

[bossbaby82]

Thanks a lot CR001 for your quick response. Really appreciate it.

[bossbaby82]

Hello Moderators,

Can you please help or guide me to the right information on this below

I received my ILR (10 year route) and I'm in the process of applying FLR(M) for my wife and kids. My daughter's current (Indian) passport is expiring on 14/07/2021 (within 6 months from current date).

My question is - is there any minimum passport validity when the application is submitted with validity less than 6 months? Will they accept the application or reject it?

I see the FLR(M) processing time for standard application is 8 weeks, so assuming if I submit the application by 1st April, I should receive a response by 1st June - or will it be a problem?

Need your advise please.

[vinny]

Acceptable under 34(5).

[vinny]

M

[bossbaby82]

Hello Vinny,

Thanks for your quick response.

Another question please - I have been reading through the Family Visa route - link - https://www.gov.uk/uk-family-visa

It says the below towards the end - I'm bit confused - my wife is currently in T4 Student Visa - does the below mean she won't be apply as my spouse in FLR(M). Really appreciate your view and where the below will impact my wife's FLR(M) application?



When you cannot get a family visa
In some circumstances you cannot apply for, or switch to, a family visa.

Your family member has a work visa or student visa
You cannot apply for a family visa if your family member is in the UK temporarily on a work visa or student visa.

You can apply to stay with them as a dependant instead.

[vinny]

When you cannot get a family visa
In some circumstances you cannot apply for, or switch to, a family visa.

Your family member has a work visa or student visa
You cannot apply for a family visa if your family member is in the UK temporarily on a work visa or student visa.

You can apply to stay with them as a dependant instead.

As an ILR holder, you are not in the UK temporarily on a work visa or student visa.