FLR - dependant of ILR (long residence) applicant

[Arulsan]

I am planning to apply for my ILR by end of this year and will have 3.5 months visas after 10 years completion. My wife and two kids (both of them were born in the UK) are going to apply for FLR. I have some confusions as follows.
1) Can my wife and kids can apply with me at the same time (they will use FLR(M), and I will use SET(O) and have to send applications to different address). If I apply alone and wait for my result, it is a risk as in case if my result did not come within 3.5 months, then my wife's visa will be expire and she will have to return back to my country with kids.
2)My wife has done a Master Degree in the UK, can she show this as a proof of English for FLR application?
Could anyone advice me what is the best way to do in this situation please.

[vinny]

What are your and your wife's current status?

Your wife may apply for FLR(M) with, or after you, before her leave expires.

Non-travelling UK-born children do not need to apply as they're entitled to register for citizenship immediately after a parent is granted ILR.

[Arulsan]

Thank you Vinny. My visa status is PSW dependant and my wife is a PSW visa holder. One of my child has already been out of the UK last year for 4 weeks holiday and the other one not yet, and we have no plan to go out of country until my ILR sorted out.
If my wife can apply with me by post (there is no same day PEO service available for long stay category) does she need to attach a covering letter by explaining the situation? On my wife's application form FLR(M) they have asked to attach my passport to show that I have already settled in the UK. I have confusion on this, please advice me. Thanks again.

[vinny]

Click on the given links for more info.

Attach a covering letter with your wife's FLR(M) application, saying that you have made a Long residence ILR application. State that she is making the FLR(M) application as advised by the SET(O) form/guidance. Ask them to consider her application after yours.

[Arulsan]

Thank you Vinny for your prompt reply and I really appreciate your service. I am planning to apply me, my wife, and elder child at the same time.
I have two more things to ask you and other members of the board at the moment are;
First one is my previous question that my wife has done a Master Degree in the UK (it is a taught course); can she show this as a proof of English for FLR application?

And the second one is could you please give me any links in this board where I would like to find any recent success and failure experience about applying SET(O) and FLR(M) together.
As I am very new to this discussion board I still have dificulties in finding some relavent information on this board. I will be expert soon.
Thank you.

[vinny]

First one is my previous question that my wife has done a Master Degree in the UK (it is a taught course); can she show this as a proof of English for FLR application?

Yes.

And the second one is could you please give me any links in this board where I would like to find any recent success and failure experience about applying ILR(O) and FLR(M) together.
As I am very new to this discussion board I still have dificulties in finding some relavent information on this board. I will be expert soon.
Thank you.

Do a search.

[Arulsan]

Thank you Vinny, I have got plenty of information from this board within a day. I really appreciate this service. Please note that I just amended a mistake in my previous post that I was putting ILR(O) instead of SET(O).
Thank you.

[Arulsan]

Hello everyone,
I would like to clear some doubts; Could anyone give me your knowledge.
Firstly, is it compulsory to show a job, and an income when I apply for ILR in 10 years long stay category. I am planning to show a saving account Bank statement with some money kept untouched for about 4 months. My current job at the moment is on and off and managing with my wife's income. In the application form SET(O) there is no evidence requested for income or Bank statement.

Second one is, does attaching a SAR report with my application helps to reduce the waiting time? Can anyone advise me to attach any supporting documents that help the process quicker?
(My 10 years counts as 3.5 years student, 1 year SEGS, 1.5 years student, 2 years student dependant, and 2 years PSW dependant.)
Thank you.

[geriatrix]

1. No.
2. No. The SAR report helps the applicant understand the records UKBA holds for him. Including a SAR report is just providing UKBA with something that they already have (and given a copy of to you, on your request).

[Arulsan]

Thank you sushdmehta,
I have one more question at the moment that I am planning to apply FLR(M) for my wife with my elder UK born travelling child once I get my ILR (only if I get ILR within 15 weeks otherwise my wife has to apply with my elder child before their visas expire). My second child is a non-travelling UK born so that I can apply for citizenship for that child as soon as I get ILR, but my question is that if I do not get my ILR when my wife apply for FLR(M) does my wife need to mention about second child to Home Office for any reason either in the application form or in the application covering letter?
Thank you.

[geriatrix]

If a person is not a named applicant in an immigration application, there is no need to refer to the person in either the application form or in any covering letter.

[vinny]

Once you have been granted ILR, do register all your UK born children together.

[Somudro]

Thank you Vinny for your prompt reply and I really appreciate your service. I am planning to apply me, my wife, and elder child at the same time.

I am planning to apply FLR(M) for my wife with my elder UK born travelling child once I get my ILR

Just a question: Ur elder child born in UK. Why are you going to apply using FLR (M) form for your elder child.?

[geriatrix]

Because the (elder) child intends to travel!

I am planning to apply FLR(M) for my wife with my elder UK born travelling child.

[Somudro]

Thank you Vinny. My visa status is PSW dependant and my wife is a PSW visa holder. One of my child has already been out of the UK last year for 4 weeks holiday and the other one not yet, and we have no plan to go out of country until my ILR sorted out.
If my wife can apply with me by post (there is no same day PEO service available for long stay category) does she need to attach a covering letter by explaining the situation? On my wife's application form FLR(M) they have asked to attach my passport to show that I have already settled in the UK. I have confusion on this, please advice me. Thanks again.

@sushdmehta, thanks.

Because the (elder) child intends to travel!

Just to make sure, did travel out of UK or wants to travel?

[Arulsan]

Thank you everyone,
If there is confusion to anyone in my case please let me make it clear.
My elder child was born in the UK and got a Biometric ID same as myself and my wife, and we all have the same expire date. My elder child travelled Back Home last year with us on holiday and we have no plan at the moment to travel out of UK until everything is sorted.
What I meant to say in my previous post was that my elder child has a visa which has to be extended before it expire, so I can put my elder child as a dependent on my wife's FLR(M) application; otherwise it will be illegal to my elder child to stay in the UK even though my elder child was born in the UK. If I am wrong could anyone clear my mistake?
If my child's visa expired, will there be any problem applying for citizenship when I get ILR?
Thank you.

[geriatrix]

my elder child has a visa which has to be extended before it expire, so I can put my elder child as a dependent on my wife's FLR(M) application; otherwise it will be illegal to my elder child to stay in the UK even though my elder child was born in the UK.

Do you have a reason to believe that your settlement application may be refused? If yes, then you may consider including the child (who has been issued a leave previously) in the FLR(M) application - to ensure that he gets the same appeal rights as your wife, should your settlement or the FLR(M) fail for some reason.

If my child's visa expired, will there be any problem applying for citizenship when I get ILR?

None, if your settlement application is approved.

[Arulsan]

Hello everyone,  A Big Thank You for your kind responds to my problems. 
To best of my knowledge I am 100% sure that there will be no problems in my application. I have made all the applications on time and got the visa without any refusal. I have all my passports with me, and only 121 days in total I have been out of UK, and have no criminal records ( I have applied for SAR report to have a look)
Let me put my planed timeline to make my application;  I am going to apply on 27th of December 2012 which is the possible earliest date I can apply. Our visa expire on 20th of April 2013 which means my wife and my elder child have 16 weeks to wait for my result (according to our forum it is 14.9 weeks in average, but it could be different for me as it varies in everyone's case). I am planning to wait only 15 weeks for my ILR result, if I do not receive on or before week 15 then I will put my elder child as a dependent on my wife's FLR(M) application before 20th of April. If I am lucky enough to get my ILR on time then both my children's will go to registration with MN1 and my wife will go with FLR(M) before 20th of April. Could anyone advice me if there are any hidden practical and legal problems in my plan such as law may get changed during the 15 weeks waiting period. 
Thank you. 

[Somudro]

What is the difference between ur elder and younger child with respect to visa status? Why will U not include ur younger child with MUM? or Why will u include ur elder child with MUM?

[Arulsan]

Dear Moderators, and all other members, after a full of tension I have got some questions to ask you. I am just puting my details clearly again.
I came to UK in January 2003, and my wife came to UK as a student in September 2008 just after our marriage (we got married in June 2008), and I switched as a student dependent on my wife in October 2008, and in April 2011 I and my UK born elder child became PSW dependent on my wife. My 2nd child was born in the UK after my wife got PSW, and has not got any visa so who can register with my elder child as soon I get ILR.
I am applying for ILR under 10 years long stay category by end of December 2012. My wife will apply for FLR and my elder child will be dependent on my wife. As far I read and understood on this forum, and the publication of Home Office Family Migration, this new laws will not affect my 10 years long stay application, but still I have confusion on my wife’s application as follows, and I cannot find any information or I could not understand the statements,
1) Do I need to show this new £22400 income threshold when my wife apply for FLR with my elder child.
2) Will she get a 30 (2.5 year) months visa first? Or how the new 5 year probationary period will be applied to my wife?
I kindly ask anyone to answer my questions?
--Arulsan---

[Arulsan]

Hello everyone,
could anyone give me the answer to my questions please.

Thank you.

[hbf81]

1) Yup. As you applying after 9th July, you will have to show the maintenance requirement.

2) 5 years

[geriatrix]

Changes to the family immigration rules: Who they affect
Point 2.

[Arulsan]

Thank you sushdmehta, and hbf81,
sushdmehta, I read your link and I understood that I need to show the minimum maintanance requirement of £18600 to apply for my wife's FLR. At the moment I am doing a part-time job and the income from this job is not enough to make £18600, but when I add my wife's income with my one it is reaching that amount a year. Do you think it is acceptable to show the financial requirement?
Could you please answer my question.
Thank you.
-Arulsan-

[Arulsan]

Hi Everyone,
Can anyone answer my question? please...

-Arulsan-