ILR Granted - FLR or ILR for wife?

[1980fk]

Hi All

Please guide me on this one


I have recently got my ILR on the 10 yrs long residency. (6 year student + 4 year HSMP/Tier1 General). My wife came to UK on spouse visa in April 2009 and we have a baby girl now who is born in the UK. My wife still has the Spouse visa valid until May 2012 and I have never applied for a passport for my daughter yet

The questions are:

Since my wife is here from April 2009 (on a Tier 1 Spouse Visa – valid until May 2012) can she apply directly for ILR as my status is now changed from Tier1 General to ILR?

My Daughter is born in the UK in December 2010. Can we apply for her passport directly?


Thanks in advance for your Advice


Kind Regards

[geriatrix]

Leave to enter as spouse (of a settled person or British citizen), usually referred to as "spouse visa", is different from leave to enter as a dependant of Tier 1 (General) migrant.

Wife:
1. FLR(M) before her current PBS leave expires or she travels abroad (whichever happens first).
2. SET(M) when 287(a)(i)(d) is met.

See Does my UK-born child qualify for british citizenship? Can I skip ILR for my child?

[1980fk]

Thanks for your quick reply

[1980fk]

Hi

This one is regarding my wife's FLR M application

for the English requirement, if she has already got her life in the UK test cleared. does she still need to provide another english language test? or is lituk sufficient for that

Thanks

[Greenie]

Hi

This one is regarding my wife's FLR M application

for the English requirement, if she has already got her life in the UK test cleared. does she still need to provide another english language test? or is lituk sufficient for that
Thanks

No She needs to meet the requirements set out on the link. LITUK is not sufficient for FLR(M).

[1980fk]

Thanks Greenie for the reply

I was browsing through the forums where i found this post from vinny, where she quoted this link from the UKBA website

Requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom

287(i)(d)

the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here; or


My wife got her spouse visa while I was on Tier 1 (General) and she is in the UK with me for almost 2.5 years now. According this new change isint she eligible to apply for an ILR instead of FLR(M)?

[geriatrix]

No .. because she is yet to obtain extension of stay under paragraphs 281 - 286 ..... and to do so, she must apply using FLR(M) form.

[1980fk]

Thanks Sushdmehta

I was a bit confused about para 281-286

Kind Regards