ILR - PBS Dep - FLR(M) Route Update

Dear Amber,

I wonder, if a PBS dependant (of a Long Residence applicant) can escape FLR(M) at PEO, why can't a postal applicant do the same?
Why can't a spose, who has already spent more than five years in the UK as a wife of the prospective ILR holder, apply for settlement using SET(LR) at the same time as the main applicant for SET(LR)?

You know numerous example where people were successful escaping the FLR(M) at PEOs; same should apply for postal applicant too!

Regards

One person is not numerous, if you apply for SET(LR) without completing ten years, you will be refused.

Hi Amber,

She got the Grant in Jun-2012.

Kindly advise in this case.

Thanks
-BobTheMoggie

Bobthemoggie, when does her current PBS dep leave expire?

Hi Amber

Its next week.

Thanks
-BobTheMoggie

Then there are two options as you were granted ILR as a PBS applicant:

1 extend as a PBS dep until June 2014 and then apply for SET(O) or

2 extend under FLR(M) until June 2014 and then apply for SET(M)

I would go for option 1, applying by post in a hope that a decision wasn't made by June 2014 and thus vary to SET(O) unless you needed to travel then apply by PEO.

Hi dear,
i got ilr on long residency and my wife is with me since 2007 as a dependent of PSW+Tier 1 G now i need to apply for them which route should i use.and further if any body guide me if i got to PEO what they do with me either they will charge two fee and give me ilr or one fee and only flr m after i need to make another appointment.

Route 1. FLR M then Set M
Route 2. fill both form go to PEO make a set M appointment if they not happy request them only FLR M in same fee.

Thankx

Amber_ wrote:One person is not numerous, if you apply for SET(LR) without completing ten years, you will be refused.

I meant to ask: why can't a pbs dependant apply directly using set(m), while they can do so in a peo. i am sure you know more than one cases where such was allowed. i can't figure out the reference, but i heard from somewhere that once the dependant is here for over 5 years, s/he can apply for settlement directly. I know 'hearing' is not enough without specific reference, but it makes sense though, doesn't it?

I've only heard of one person going from pbs dep to SET(M) directly. However, it is up to you but just expect to be made to get FLR(M) leave first.

Amber_ wrote:I've only heard of one person going from pbs dep to SET(M) directly. However, it is up to you but just expect to be made to get FLR(M) leave first.

You are right in that I will be asked to apply using FLR(M) first.

In any event, could you please comment on the following:

1. Do I need to inform the HO after receiving ILR? or
2. Will HO know automatically as my wife's FLR(M) would be linked/tagged to my SET(LR) application?

Regards

Dear Amber,

I also have a query regarding question 3.15 of FLR(M) form: If your sponsor was not British from birth, when did your sponsor obtain settlement? I have seen in the forum people suggesting to write awaiting decision with reference number. How can I write these words in the date box:

a) can i write outside the date box? or,
b) shall i write the date of my application? or,
c) shall i leave this blank and write in the space provided for question 3.16?(on what basis did your sponsor obtain settlement in the UK?)

You should supply a cover letter explaining that you wish for a decision to be made after your ILR decision.

Amber_ wrote:You should supply a cover letter explaining that you wish for a decision to be made after your ILR decision.

Yes i will do that anyway, but wanted to know how to deal with section 3.15 of FLR(M)?

"If your sponsor was not British from birth, when did your sponsor obtain settlement?"

And do i need to inform the caseworker after my ilr is granted?

Just put awaiting decision on ILR application.

Hi Amber

Thanks for your response.

I am not clear on Option-1 mentioned below.
As I am a ILR now & not a Tier-1 anylonger, how will my wife be able to go as PBS dependent.

Kindly advise

Many Thanks

Amber_ wrote:Then there are two options as you were granted ILR as a PBS applicant:

1 extend as a PBS dep until June 2014 and then apply for SET(O) or

2 extend under FLR(M) until June 2014 and then apply for SET(M)

I would go for option 1, applying by post in a hope that a decision wasn't made by June 2014 and thus vary to SET(O) unless you needed to travel then apply by PEO.

She can still extend as a PBS dep as you were granted ILR as a PBS applicant: See 319C and 319D (click).

i m in same situation,
my friend went to croyden today 03/02/14 with both forms and they gave ilr to his wife but charged him fee of both forms nearly 2400.

[quote="malikrizwan"]i m in same situation,
my friend went to croyden today 03/02/14 with both forms and they gave ilr to his wife but charged him fee of both forms nearly 2400.[/quote]hhhh

Would the time my wife spend as tier4 student PBS dependent can be used to count for the 2 year time period with tier1 PSW to apply for SET(M)?? please help/guide.
we applied for psw tier1 pbs on dec 2011 but were granted psw on 6 aug 2012. before psw she was on tier 4 student dependent.
we wish to apply for set(M) asap.
I just got ilr based on 10 years, how soon my wife and apply for set(M). Does she need to complete psw tier1 pbs till aug 2014 ? or can she apply now with set(M)? using tier4 pbs depended.
Please help /guide.
I wish to skip FLR(M) on PEO apppintment.

hi Amber,
My wife enter UK as PBS dependant in May 2011 and got her PBS dependant visa extended in Nov 2012 until 2015 but then i got ILR via Long Residency in June 2013 so we switched her visa to FLR(M) in Dec 2013. as you previously suggested she was eligible to apply for SET(M) as soon she would have received her FLR(M) according to rule 287 (a)(i)(d).i looked at the rules you mentioned but couldn't get my head round it and cant understand that she is eligible for SET(M) without waiting for another 2 years on FLR(M)
she has been in UK for 2 years 9 months. (2 years 7 months as PBS dependant and 2 months as dependant of a settled person)
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) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom; or

__(b) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 295AA to 295F of these Rules and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried or same-sex partner and then the spouse or civil partner of a person present and settled in the United Kingdom; or

__(c) was admitted to the United Kingdom in accordance with leave granted under paragraph 282(c) of these rules; and

__(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;

can you please highlight the section in the rules above which confirms that PBS dependant doesnt have to wait for 2 years and can apply straight away for SET(M). i saw few posts where applicants applying on the basis of this particular rule have been rejected.
second question is that do i have to send my original BRP and Passport with my Mrs visa application or can i send photocopies instead
Thirdly i would like to ask anyone's experience and suggestion on what will be good either to send the application via post or go for face to face interview as de to some family matters we might have to travel back home in emrergency

i would really appreciate your response

hi there
another thing to clarify, i was looking at the guidance notes of the SET(M) form which i need to fill for my Mrs ILR. it says
If you are applying as a partner of a person who last had leave as a Work Permit Holder, a Relevant
Points Based System Migrant, on the basis of UK Ancestry or in any other temporary work related
category and they now have indefinite leave to remain or have been granted naturalisation this is
not the correct form to use
Does that mean we cant use this form as i was on PBS before i got my ILR on basis of Long Residency

can you please clarify
thanks & regards

I've underlined the relevant provision, 287(a)(I)(d).

neverbackdown wrote:hi there
another thing to clarify, i was looking at the guidance notes of the SET(M) form which i need to fill for my Mrs ILR. it says
If you are applying as a partner of a person who last had leave as a Work Permit Holder, a Relevant
Points Based System Migrant, on the basis of UK Ancestry or in any other temporary work related
category and they now have indefinite leave to remain or have been granted naturalisation this is
not the correct form to use
Does that mean we cant use this form as i was on PBS before i got my ILR on basis of Long Residency

can you please clarify
thanks & regards

I just called home office an hour ago about the following question. Hope this will clear some confusion.

Main applicant got ILR on 10 Years basis, previous status T1G.
Wife arrived in the UK in June 2010 and current status is still a T1G dependant.
Which route and form to use?
Home office answer is to use FLR(M), get an extension of stay as dependant (spouse) of ILR and then apply on SET(M). 2 years stay on FRL(M) need not to be met.
If you go to PEO you cannot apply both same day, but you can apply FRL(M) first day and then you can apply SET(M) next day.
Now I don't know if you'll get the BRP for FLR(M) next day before you apply SET(M) or what...!!!

Just for the people who want to go for PEO option, appoints are easily available on any of the centres for both FLR(M) and SET(M).
Forms are simple and don't need a solicitor (generally in straight forward application)

Dear All,

I am currently awaiting decision for ILR. My spouse came here as a Tier1 PSW dependant in Aug 2013 which is valid until Aug 2014. She had PSW visa before that but had to leave the country and apply from outside as my dependant.

I only have one question,

After I receive my ILR (hopefully soon), do we have to apply using FLRM (spouse) straight away or can we apply in August 2014?
The reason I ask this is because we have to show 6 months earnings and meet 18600 threshold requirement. The earliest we can prove that is in July 2014.

Any help appreciated.