wife applying for spouse visa on FLR(M)

[jkeye]

I got my ILR after 10 years residence this week.
My wife is on a work permit for 4 years(I was her dependant and my 2 children still are).She will be eligible for applying for ILR on 10 year basis in March.
Could someone please advise if she can switch to a spouse visa on FLR M now.
We were married 14 years back.
My son is 6 years old and was born in the UK.And my daughter will have completed 10 years residence in March along with my wife
Thanks for your advice
jkeye

[MPH80]

She could - but it would reset her ILR clock and she'd have to apply for ILR in 2 years - not 4 months.

http://www.ukba.homeoffice.gov.uk/polic ... _partners/

287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:
(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom; or

She won't have spent 2 years as the spouse of a person present and settled until 2013 if you do it.

M.

[jkeye]

Thanks for your reply.How would my children get an extension of their stay?
Can my 10 year old daughter apply for ILR on the 10 year basis independently?
And what about my son?What would happen to his dependant visa if my wife got her ILR?
Thanks
jkeye

[MPH80]

http://www.ukba.homeoffice.gov.uk/settl ... et%28f%29/

[jkeye]

Thanks for your prompt response.
1.So would I be right in assuming both my children can apply on separate SET F forms that I would append to my passport.

2.Would my son who was born here need to apply or can he apply for registration as a citizen before my wife got ILR?

3.It would be better for my wife to apply on SET(O) in March.
Many thanks again
jkeye

[geriatrix]

Spouse
1. If your wife intends to apply for settlement under the long residence category (10 years legal stay), then switching to spouse of settled person will not reset her ILR clock.
2. If your wife intends to apply for settlement as an economic migrant (e.g. - WP migrant), then switching to spouse of settled person will reset the ILR clock.

UK-born child
3. Your UK-born-child may apply, now, for registration as British citizen under section 1(3).

Born-abroad child
4. If your wife applies for settlement as an economic migrant then your born-abroad child will be eligible for settlement at the same time as your wife and may be included in the settlement application as a dependant.
5. If your wife applies for settlement under the long residence category, your born-abroad child may apply for settlement after your wife has been granted settlement (use SET(F)).
6. Your born-abroad child may apply for settlement under long residence in her own right as and when the eligibility criteria are met.



regards

[jkeye]

Many thanks for that.
I appreciate your advice.
jkeye

[himansuk]

hi
I got ILR under long residence rule.
I have one baby who was born abroad.
She was my now dependent visa under tier 2.
Can I apply for her , settlement visa using SET(F) form.
Any answer reg. the above quarey will bw very helpful.
Thanks