Dependent of Set (LR) Applicant

[Alexander12]

Hi All,
I am a follower of this forum for 2 years and thanks for the Admins and the guys helping us out.
I have obtained lot of info from here and Applied for my ILR on 30th Sep 2013 (10 year route). Yet to receive the acknowledgement letter but the Payment has been taken on 3rd Sep.

This forum gives a lot of guidelines for Dependants applying, but cases are slightly different and I am unable to find the correct solution for my case. My wife living with me since March 2008 and I have a UK born child aged 1. She has been on the dependent visa (Tier 1 and PSW) for 5 and a half years by the time I have applied for ILR. her visa runs out on 1st fo DEC.

1. Now, its highly unlikely that I am going to receive a reply in 2 months and I am confused with my Wife's application. I have read that one suggest to use FLR (M) and to put my application Ref on it, so that UKBA will wait until a decision is made on the main applicant. - where does it stated in UKBA's guidance? I am unable to find it
If I can apply for FLR (M) before a decision is made on the main applicant, Why cant I use SET (M), As we are married and living together for 5.5 years and the qualifying periods are met?? (see the quotes below)

Set (M) says:
Form SET(M) must be used if you are applying for indefinite leave to remain in one of the following categories:
- spouse or civil partner of a person present and settled in the UK
FLR (M) says:
Form FLR(M) must be used if you are applying for an extension of stay and your partner is:
• present and settled in the UK

2. for my 1year old son, dependent visa also runs out in Dec and I believe I don't have to include him in my wife's application or renew his visa. simply leave it expire and apply for British citizenship once I have received my ILR? He is born here and cannot become an overstayer. is that right?

sorry its a bit long winded but people in the same boat or can give me some guidance, please post your replies
much obliged
A

[Amber]

Indeed, spouse applies for FLR(M) asking for a decision to be made once your SET(LR) is reached. However, if your ILR comes through before her leave expires, book a PEO and get FLR(M) completed ASAP. Once she is granted FLR(M) then she can apply SET(M) by virtue of rule 287(a)(i)(d) [this rules may change soon]. Also bear in mind from 28/10/13 a B1 English requirement is needed for Settlement/Naturalisation. Keep an eye on ILR - PBS DEP - FLR(M) ROUTE UPDATE (click)

Child is entitled to register as British by virtue of section 1(3) BNA, no need for leave.

[Alexander12]

Thanks man for your prompt reply.
FLR M (2 years) --> SET M (Indefinite), is that the normal way of applying for dependants?
my wife (as of today) is in the UK for 5 1/2 years as a dependant (1yr- PSW dep, 4 1/2 - tier 1 dep) why cant she use SET M? as she has completed 2+years as a dependant (this will prevent making 2 application and save some money)

only issue is, when she apply in Dec, I Still be waiting for my ILR decision. If I can use SET M, can I state my ref and request them to wait until a decision made on the main applicant?

thanks and much obliged for taking time to reply
A

[Amber]

FLR(M) ----- SET(M), it's the rules.

[samu140]

Dear Amber and other experts

thanks you so much for your kind information , it really helps many of us.
I am going to apply ILR via SET (LR)
I have two dependants wife and uk born son, wife come in 2009 as a dependant of tier 4 and still same. I understand that I have to follow the new rules implemented july 2014 . i do not want to include my son in dependant application and my plan is to register him after getting ILR , is that ok? and in that case do i have to show 18600 or 22400 as incom.

[Amber]

That's sounds ok, you could argue for the lower Financial Requirement, by the time of appeal, the child should be registered as British. BTW the rules change was 6 April 2014 not July 2014.

[samu140]

That's sounds ok, you could argue for the lower Financial Requirement, by the time of appeal, the child should be registered as British. BTW the rules change was 6 April 2014 not July 2014.

Many Thanks , God bless you