Settlement route for my wife and daughter ? Confused

[zohaib001]

Hi there;

I need guidance to apply for my wife's ILR and daughter but a bit confused which route to follow and which form to use to apply.

I have got ILR in june 2013 through the route of 10 years long residency; and before then I was on teir 1 general so is my wife and daughter are still on teir 1 general dependent.

My wife first came to this country on teir1 dependent in september 2009 and then she got her visa extended till jan 2014 and my daughter was born in abroad while my wife was there in her pregnancy time.


now if I would had taken through the 5 year teir 1 ilr route my wife had got the ilr the same time but now she has teir 1 dependent and want to apply for their ILR. According to the UK BA website and Law

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

287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:
(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;

So according to this can I apply directly for an ILR for my Wife and her dependent my daughter, and if that is the case which form shall I use fill in the application?

If I cannot apply directly do I need to use FLR (M) ?
and I have found out there has been English requirement introduced after October 2013. Does she still have to give English even though she is here from couple of years in this country? If so which English paper should she attempts and what is the requirement?

Please Help
waiting for a quick response Thanks
Best Regards
Zuba

[Damanisshallo]

Read through this thread from this post. click the hyperlinks to explore.

[zohaib001]

Thanks for your reply but this is all on chance and then it alot of fee for going directly to PEO

Is it not safe to do FLR(M) and the Set (O) all through post?

[Amber]

If one applies for FLR(M) any subsequent settlement application would be SET(M) not SET(O).

[zohaib001]

Thanks
but If I apply apply direct and skip FLR(M) then?
will it be Set (O ) ?

Can you please clarify what I ask above that shall I take a cheaper and safe approach or the direct short cut approach ?
and also which English test is easier ESOL or IELTS ?

Thank you

[Amber]

FLR(M) then once granted SET(M).

A1 English requirement for FLR(M) then for SET(M) B1 and LIUK.

[zohaib001]

Thanks Amber

But If I take your advice on different post that apply directly skipping FLR(M) then which form to use?
Thanks

[Amber]

That should only be attempted at a PEO, to apply directly for SET(M), however, I am only aware of one possibly two successes.

[zohaib001]

So it all depend on there mood basically! and a risk ?

plus during the period of teir 1 General my wife stayed abroad twice long once during pregnancy and once to visit family both 8 to 9 months each visits

So what do you suggest I should apply direct set(M) or Flr(M) then Set (M)? Thanks

[Amber]

FLR(M) then once granted SET(M).

A1 English requirement for FLR(M) then for SET(M) B1 and LIUK.

[zohaib001]

Thanks for your help
can you also please let me know if there are any financial requirements that I have to show minimum balance on my account for my spouse and my daughter for 3 months or so? Thanks

[Amber]

Adequate maintenance rather than a financial requirement, if you're working full time that shouldn't be an issue. Show 3 months wage slips and corresponding bank statements.

[zohaib001]

Thanks for your reply; but my question was mainly to have a minimum balance in that bank account i.e. that the account cannot be zero ... is there any such requirement for FLR(M)? Thanks

[Amber]

No.