ILR and Spouse/partner visa

fannofler · Post by **fannofler** » Thu Sep 26, 2013 11:11 am

Hi, I have a query and wonder if anyone is able to advise.

I am currently on Tier 1 General and completing 5 yrs in Dec 2013, I will be applying for my ILR in November in person.

Now, I got married in dec 2010 and my wife came to UK in Jan 2011 and she has dependent visa until dec 2013 (same as mine)

My query is that is my wife eligable for ILR at this stage (she has been in the country since jan 2011, but less that 2 years) and if not then on what category she should be extending her visa, once i obtain the ILR for myself.

thanks in advance.

Post by **vinny** » Thu Sep 26, 2013 11:25 am

Can you give exact dates of when she entered the UK and her visa's expiry date?

fannofler · Post by **fannofler** » Thu Sep 26, 2013 11:37 am

Hi - My wife had the visa issued on 16th Dec 2010, and came to UK on 20th Jan 2011 and the expiry date of the current visa (Dependent visa) is 3rd Dec 2013.
Her expiry is same as mine Tier 1 Dec 3 2013 and i have PEO appointment for Nov 6th 2013

Post by **vinny** » Thu Sep 26, 2013 12:04 pm

She may initially extend as a PBS dependant at the same time or after you are granted ILR, preferably before her leave expires.

fannofler · Post by **fannofler** » Thu Sep 26, 2013 12:25 pm

Thanks. One more thing, am I correct in understanding that she is eligible for ILR after completing 2 years in the UK which will be on 20th Jan 2014, when she can apply for ILR on SET (M) form.

fannofler · Post by **fannofler** » Sat Sep 28, 2013 6:59 pm

Thank you. Please can you advise how she can apply for PBS extension at the same time as me, I am going in person on SET (O), do i have to book another appointment for my wife.

Also, Once she extends her PBS is she able to apply for ILR after january 2014, she would be on PBS dependent for 2 years then?? and will it be SET (M) form then for my wife.

thanks

Post by **vinny** » Mon Sep 30, 2013 12:43 pm

fannofler wrote:Hi - I have a similar situation. I am going for tier 1 general 5 yr route ILR on 6th Nov 2013, and my wife (came to UK on PBS dependent tier 1 ion 21 Jan 2011) is currently on Tier 1 Dependent (expiry December 3 2013)

So i am a bit confused under which category is is better for her to extend her visa - FLR (M) or PBS Tier 1 ad she should be eligible to apply for her ILR (2 yr in UK) in Feb 2014

So FLR(M) or PBS Tier 1 General ?

Thanks in advance

Post by **vinny** » Mon Sep 30, 2013 12:47 pm

If she extends as a PBS dependant, then she may subsequently apply for SET(O).
If she extends on FLR(M), then she may subsequently apply for SET(M).

fannofler · Post by **fannofler** » Mon Sep 30, 2013 1:40 pm

Thank you Vinny

vinny wrote:If she extends as a PBS dependant, then she may subsequently apply for SET(O).
If she extends on FLR(M), then she may subsequently apply for SET(M).

fannofler · Post by **fannofler** » Fri Oct 04, 2013 10:05 pm

Hi Vinny - one more confusion after reading other posts
If my wife applys for FLR(m) then does her 2 yr period for ILR starrt again or she will fall under 5 yr rule.
She is only one month short of the 2 yr stay in UK (on tier 1 dependent) and if thts the case then its no good.

Is other option PBS dependent tier 1 better option then (just comparing the fees and tryign to save some money)

http://www.immigrationboards.com/viewto ... 897#925897

vinny wrote:If she extends as a PBS dependant, then she may subsequently apply for SET(O).
If she extends on FLR(M), then she may subsequently apply for SET(M).

Post by **vinny** » Fri Oct 04, 2013 11:44 pm

2 years.

fannofler · Post by **fannofler** » Sat Oct 05, 2013 10:50 am

so will it be 2 yrs from getting FLR(m) or we can count her time (1 yr 11 months) on tier 1 dependent one month on FLR(m) when applying for settlement in Jan-feb 2014.

I just wanted to clarify which is better option.

vinny wrote:2 years.

Post by **vinny** » Sat Oct 05, 2013 10:54 am

The latter.

Post by **Amber** » Sat Oct 05, 2013 10:55 am

Your wife has been on dep leave since Jan 2011 thus she has qualified her two years or am I missing something?

Post by **vinny** » Sat Oct 05, 2013 11:00 am

Oh, I missed that! Well spotted.

Post by **Amber** » Sat Oct 05, 2013 11:03 am

I'm not sure if the OP meant 2012, but he did write 2011 twice, then further down said her two years ends in 2014.

fannofler · Post by **fannofler** » Sat Oct 05, 2013 11:15 am

I am sorry..my bad.. my wife entered the UK on 21st Jan 2012 on tier 1 gen dependant which ends 3rd december 2013 so short by a month or so.

So its better to go For FLR(m) extension fo rher (once i get my ILR on 5 yr tier 1 route) and then apply for settlement after jan 21 2014.

Correct??

D4109125 wrote:I'm not sure if the OP meant 2012, but he did write 2011 twice, then further down said her two years ends in 2014.

Post by **Amber** » Sat Oct 05, 2013 11:40 am

Not to worry, we all have those days. You could apply for wife's PBS dep extension by post in December 2013 then vary it to SET(O) when she qualifies, that would be cheaper, I doubt a decision on an extension would be made in 4 weeks. Remember also, that you could apply for SET(O) for your wife in December by post (before her current leave expires) and so long as she qualifies at the date of decision that should suffice as per AQ (Pakistan). Though, the other options as discussed above still stand.

fannofler · Post by **fannofler** » Sat Oct 05, 2013 12:09 pm

Thanks to both Vinny and Amber

I think we willl just go for the safer option (though not cheaper) to go for PBD dep extension andthen apply for ILR for the wife next year when she qualifies.

Post by **Amber** » Sat Oct 05, 2013 12:11 pm

Applying by post for a PBS dep extension and varying to SET(O) is safe and cheaper.

nionlight · Post by **nionlight** » Sat Oct 05, 2013 1:03 pm

My wife is almost in same situation and I need some urgent help please:

She entered uk on October 11th 2011 with Tier-1 dependent visa. Changed it to flr (m) when I got ILR on September 25 th 2012. ( she went back home and stayed there 5/6 months and I hope there is no residency requirement for spouse?)

Now can she apply for ILR after October 11th this year? If that is the case it will be great because then she can apply before 28th when new rule comes in to affect.

Thanks in advance

fannofler · Post by **fannofler** » Sat Oct 05, 2013 1:28 pm

thanks - please can you elaborate on "varying to SET(O)"
Does that mean - - We sent the form PBS tier 1 dep end of Nov/early Dec 2013....then do we send another form SET(O) + Additional Docs when she is eligable i.e. 2 yrs stay in UK (after jan 21 2014) provided the Home office have not approved the PBS dependent application by then..which i suspect they would not.

Do we have to pay the fee again when sending SET(O)

Just trying to understand the process

D4109125 wrote:Applying by post for a PBS dep extension and varying to SET(O) is safe and cheaper.

Post by **vinny** » Sat Oct 05, 2013 1:34 pm

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ILR and Spouse/partner visa

ILR and Spouse/partner visa

thanks