ILR on basis or tier 1(general migrant) or long residence

[mnadeemphy]

Hi all,

My details are as below.

first enter in Uk on student visa on 04.11.2002
switch in to HSMP (general migrant) 29.11.2007
switch in to Tier 1 (general migrant) 29.11.2009.
tier 1 visa expiring on 29.11.2012

My wife came to UK on 02.05.2008.
My wife visa expiring on 29.11.2012
My baby born on 07.04.2010 in UK. (Pakistani Passport) dependent visa till 29.11.2012.

My wife and daughter travel to Pakistan (17.11.2010 till 02.03.2011).


I am completing my 10 years and 5years for HSMP and tier 1 about the same time.
I come to know now about 90days rule and my wife stayed out of UK for more than 90days, I think.

can some body advice me on few things as below.

1- what visa process is easier (long residence or 5years tier 1)
2-In both cases (long residence or tier 1 dependent). will I be able to apply for my wife ILR on same time or not?
3-can I skip my daughter application when I apply.

please advice me any other thing in this regards.

thanks

Nadeem

[Lucapooka]

1. The requirements are different so how easy one may be over the other depends on your situation. Tier 1 is the most expedient if you want your wife to apply with you but if lack sufficient points you might prefer long residence.
2. Not in the case of long residence. She will have to apply and pay for FLR(M) and then apply and pay for SET(M).
3. Yes

[silent_warrior]

Just to add to the points above. The 90 days rule does not apply for dependents. You only need to prove that your wife was in UK with you for a period of 2 years. This period does not have to be continous

You might want to read 319E. Requirements for indefinite leave to remain

[mnadeemphy]

Hi all,
Thanks for ur early reply.

As u know Uk gov have implimented new rules about the salary limit and the time spent with the sponser(5years).

Can u tell me if that apply to my wife who is already here since may 2008.
Will the maintenance requirement b apply to my daughter who was born in UK.

Thanks again.

NAD

[geriatrix]

Follow the link in this topic and read 2.

[mnadeemphy]

Hi all,

thanks for your early reply again.
I read the link.
I am sorry but I need to ask again coz in that post most of things are defined for PBS dependent.

I am struggling regarding the earning power for PBS, so I am thinking of apply under the 10 year long residence rule.
The latest I can apply is in november 2012. She had leave to remain under the PBS dependent till 29.11.2012.

I want to ask the following.

1- will the new rule apply for her, when I apply for her in Nov 2012.
2-will I need to show the minimum salary of £18600.
3-I think I will be able to include my daughter in my application (she is under 18 and born in UK). will the current rules apply to my daughter.
3-wil my wife need form FLR (m) first and then SET (M) may 2013 coz then she will complete her 5 years with me in Uk.


thanks again.

[vinny]

I applied for ILR visa in November 2012 with my wife as spouse.

My solicitor made her application on FLRO form and just received 3 years visa today. Will that be okay or she still needs to apply on FLRM.

SECONDLY

I HAVE 2 Daughter. One was born on 07.04.2010 before my ILR and second was born after my ILR on 02.07.13

Explain clearly on what basis did you apply for ILR? And what was your spouse's immigration status before her current leave, was she a PBS dep?

Assuming the children were born in the UK, the child born after your ILR is British and can apply for a British Passport, the child born before ILR is entitled to register as British by virtue of section 1(3) on form MN1 now.

Your previous threads are confusing, if you did indeed settle as a 10 year long residence and your wife was a PBS dep, why did your solicitor apply for flr(o) and not flr(m), what requirement for flr(m) did she not meet?

Are you the same person who posted as getting ILR in 2011?

[mnadeemphy]

I got my ILR on basic of long term resistance. I don't have much idea that y solicitor did it. [/img]

[vinny]

Did you not tell your solicitor that FLR(M), not FLR(O), was the correct form to use?

Did your wife not satisfy the English language requirements?

Unfortunately, she is stuck with the consequences of using the FLR(O) form.

[mnadeemphy]

Well now as solicitor made a mistake. Et should I do.

Secondly I will have to fill form MN1 fir my first Daughter but wt about second daughter coz I have this form from post office and I can not see any option for children of ILR resident.

[Amber]

You should be discussing this with your solicitor and asking him/her why s(he) applied for FLR(O).

You'll need to explain, if your daughters were born in the UK and if so, was this before or after you were granted ILR? If the child was born abroad, you'll have to wait until your spouse if settled/British until registering that child as British.

[mnadeemphy]

Both the daughters were born in UK.

[Amber]

Before or after your ILR?

[vinny]

See also query about new born whose parents having ILR.

[mnadeemphy]

My first daughter was born on 07.04.2010 before my ILR and second was born after ILR on 02.07.13.

[mnadeemphy]

Hi,
Can some body tell me that if I try to change my wife Visa from FLE O TO FLR M, will I need to meet full financial requirement of £18600.

Thanks

[vinny]

Was there a letter (similar to here?) clarifying what category/type of leave your wife has now?