ILR Application (Long residence Vs Point Based System)

[LondonResident]

Hi,

I came to UK on student visa in March 2002 and switched to HSMP in Jan 2008. Currently I am on the Tier 1 – General Visa (expiring in Jan 2013) and my wife and 2 children are on Tier 1 – General dependent visa (also expiring in Jan 2013). Both my children are born outside UK and even though my wife was on HSMP dependent since Jan 2008, she was out of UK more than six months in a stretch, twice, due to delivery. However since Oct 2009, my family (wife and children) continuously living in UK (on the same address as mine).

I will be eligible for ILR in Mar 2012 (under 10 year long residence category).

Student Visa – 6 years
HSMP and Tier 1 (General) – 4 years

I am fulfilling all the criteria for 10 year long residence category (such as, continuous residence and time spent outside the UK).

My dilemma is

• To apply ILR in Mar 2012, under 10 year long residence category (in that case my wife and children are not eligible to apply ILR with me.

If I get ILR under 10 year long residence category, my family’s visa will be switched from Tie1 – General dependent to 2 year Spouse Visa - FLM(M) and then after 2 years they will be eligible for ILR. Or after my ILR, they can directly apply ILR under Partners and Children of British citizens and people settled in the UK category – SET (M) as they are already on Tier 1 (General) dependent visa and living with me since more than two years.

• Or wait until Jan 2013 to apply ILR under Tier 1 – General category (in which case I can apply ILR for whole family)

However given the current situation, in which immigration rules are changing so rapidly, my intension is to get the British Nationality as soon as possible.

Please advise which route I should take to get the British Passport for whole family as soon as possible.

Thanks in advance,

[xyz123]

well it depends on your priorities. both are valid options.

you have clearly said that your priority is to get british citizenship ASAP and in that case 10 year visa qualification comes first. so follow that route.

[LondonResident]

Thanks very much for your reply "xyx123".

If I will take the option 1, in that case - my family’s visa will be switched from Tier1 – General dependent to 2 year Spouse Visa - FLM(M) and then after 2 years they will be eligible for ILR.

Or

After my ILR, they can directly apply ILR under Partners and Children of British citizens and people settled in the UK category – SET (M) as they are already on Tier 1 (General) dependent visa and living with me since more than two years.

Your response is much appreciated.

[LondonResident]

Senior menbers ..... Sushdmehta, xyz123, vinny, casa

Please reply.

[cankbs11]

you can apply for long residence category and once you got ILR, ur wife/children can apply for spouse visa by filling FLR(M) can apply for ILR after two years of expiration of spouse visa. in my opinion, better to go with any valid route for ILR whichever comes first..