ILR - 10 year long residence or WP holder

[ALI74]

My ILR is due in 18 July & I have three dependent (wife & two kids)

I have a very little doubt regarding Earning requirements because my job title is not on COP and I am not very clear how they will assess my Job title but the good thing is my salary per my job title is in line with Average industry.

BUT

I will be completing 10 years on 10 July as well.
So I am thinking to apply alone at PEO in July on WP.
If get ILR the dependent will apply by post,
and in worse case if rejected then will be able to apply straight away for 10 years basis.


Please need second openion from experts.

[geriatrix]

When does your current leave expire? And is it the same for your dependant(s) as well?

[ALI74]

My existing Leave will Expire in August 2011.
But I can apply 28 days before august on work permit on 20 July & can apply on 10 July on Long residence Rules.
Our leave expires at the same time for all of us.

Thanks

Shushdmehta

[geriatrix]

Since your leave is expiring soon after you become eligible for settlement (either through WP route of long residence route), your plan is perhaps more appropriate though may cost you more if your settlement application as WP holder gets refused. Do note that dependant of WP holder qualify for settlement at the same time as the main migrant. If they do not apply for settlement at the same time as you, and your individual application is granted, then they will need to switch to FLR(M) before their leave expires. In such case, the dependants may be eligible for settlement only after meeting the "residence requirement" in this new category to qualify for settlement (under current rules, 2 years).

On the other hand, when applying under long residence you don't need to prove anything other than the fact that your 10 year stay has been "lawful". But, if you choose to follow this route, you cannot apply in-person and because your dependants' leave is also expiring soon after, they will need to make a FLR(M) application while your settlement application sits with UKBA for a decision.

[ALI74]

Is any thing wrong to exclude the two kids from ILR
when applying PEO on WP .

Their stay is till 15 August and I will get my ILR result on 20 July
Then I would have option to apply for their ILR or Apply using MN1 for registeration ...Because both them born here and never visited out of UK.

But need your expert advice Please...........

[geriatrix]

Is any thing wrong to exclude the two kids from ILR
when applying PEO on WP .

Their stay is till 15 August and I will get my ILR result on 20 July
Then I would have option to apply for their ILR or Apply using MN1 for registeration ...Because both them born here and never visited out of UK.

No.