Immigrationboards.com

Dear Members,

I need advice about immigration case of my wife.

I was granted ILR on 14th April 2014 on 10 year Long Residence Basis. My 2 children (Born in London) have now acquired British Nationality and British Passports in July 2014.

I applied for my Wife's FLR (M) in Croydon PEO yesterday which was approved in 1 hour & visa granted.

My 2 kids and my wife were my dependents (Tier 1 General) since October 2011.

The approval letter we received at PEO croydon mentions that my wife has to wait for 2 years in order to apply for Settlement (ILR). However, I asked the caseworker that she has already been my dependent (wife) for more than two years and she replied that she can apply for ILR any-time suitable for us.

However, I know that rules have changed since 6 April 2014 which means that spouses have to wait for 5 years to get ILR.

I am really confused and dont know who to belive.

Can seniors of this forum help me understand the situation and guide me.

Regards

She should have been granted leave for 2.5 years which will be a 5 year route to settlement. However, if her leave does come back stating 2 years she'll be under Part 8 and should be able to settle straight away.

Amber wrote:She should have been granted leave for 2.5 years which will be a 5 year route to settlement. However, if her leave does come back stating 2 years she'll be under Part 8 and should be able to settle straight away.

Can u please tell me if 5years requirement includes 3years as PBS dependent?

No, it would not I'm afraid.

Hi Amber,

We have today received the Biometric Card for my wife. They have granted the visa for exactly Three years. We applied on 17 / 7 / 2014 and new visa is valid until 17 / 7 / 2017.

This is not 2 years or 2.5 years ...

What do you think about this?

Regards

What does the leave say? Does it say PBS dep leave?

Leave says
SPOUSE/PARTNER
Leave to Remain

Reminder: She applied as Partner of settled person (FLR-M) on 17 July 2014. New Visa expires on 17 July 2017

3 years leave is usually for PBS deps.

May be you can try your luck by writing a letter to case worker stating that your wife had applied for flr m visa under immigration rules part 8 point 284 and were expecting a visa of two years. That she have been granted three years visa, can you please rectify this error and grant her two years flr m visa.

Thanks. I am writing her a letter today and will seek her explanation. Thanks for the hint.

I will update you when I get a reply from the caseworker.

Regards

allwell46 wrote:May be you can try your luck by writing a letter to case worker stating that your wife had applied for flr m visa under immigration rules part 8 point 284 and were expecting a visa of two years. That she have been granted three years visa, can you please rectify this error and grant her two years flr m visa.

Hello.
Did you get back any thing from home office.as i am on the same boat.my wife also was given a three years Flrm visa.she was before pbs dependant for two years.now i am confused that wen i need to apply for her ILR.