Immigrationboards.com

Posted: **Wed Jan 25, 2012 6:43 pm**

Hello,

Need Help from Expert Guys on the Forum..

I am a Tier 1 General Migrant, due to apply for ILR in April 2012. I got married in Oct 10 and my wife came to UK in Dec 2010 for the first time on a Tier 1 Dependant Visa. We have been married for 15 Months and by April we will be married for 19 Months.

For getting ILR, I need to satisfy the points criteria and with God's Grace, I have enough points to become eligible, however, I have query about my Wife visa.

Can she also apply for ILR, the same time as me or does she need to wait for completion of 24 Months ? If she has to wait, what would be her immigration status, post April ?

Can she remain in UK ? If Yes, What visa she could apply on ?

I guess the question may be of relevance to many other people and many people may have experienced the similar situation before, so I would be very grateful, if any of the people, who have gone through the same situation or knows about it, post their replies.

Thanks in Advance,

Kshah

Posted: **Thu Jan 26, 2012 12:05 am**

As your wife has spent less than 2 years in UK so far, she needs an FLR (I am not exactly sure the form name). She can apply at the same time with you but on a different application form.

Posted: **Thu Jan 26, 2012 12:11 am**

She will be eligible for ilr only after 2 years of her stay in uk.

Posted: **Thu Jan 26, 2012 2:54 am**

FLR(M).

Posted: **Thu Feb 02, 2012 9:31 pm**

Thank you to everyone who have replied.

Posted: **Thu Apr 26, 2012 12:59 pm**

kshah wrote:Hello All,

I am due to apply for ILR for myself and FLR (M) for my wife as she has not lived for two years in the UK.

I AM TOLD she needs to fill FLR ( M) Form, however, when I am filling my SET ( O) Form, what should I fill in the Dependent Section ?

Shall I show one dependent or leave it blank or

Fill just one form. i.e SET (O) ( for both myself and my wife, even though she do not satisfy two year condition ?

I am planning to go for PEO, and can I apply for her visa the same time as me or wait for some time and than apply for her further leave to remain visa.

I am confused , What can I do ?

Posted: **Mon Apr 30, 2012 11:50 am**

How was your experience Kshah? Did they accept your SET(O) and FLR(M) for your wife at the same time?

Did she have to meet the English language test level A1 for FLR or Life in the UK was OK?

Posted: **Mon Apr 30, 2012 1:15 pm**

guessmewhoswho wrote:How was your experience Kshah? Did they accept your SET(O) and FLR(M) for your wife at the same time?

Did she have to meet the English language test level A1 for FLR or Life in the UK was OK?

as advised on your other thread, LIUK test is not accepted for FLR(M) as it is not not a test of ability to speak/listen in English. your wife will need to take an approved English language test.

you can't apply at the same time but you can book an appointment in the morning for yourself and in the afternoon for your wife.

Posted: **Mon Nov 05, 2012 12:19 pm**

Hello Friends,

My wife applied for FLR (M) application to cover the shortfall in her two year period of stay in UK, before becoming eligible to apply for Indefinite Leave to Remain. She came to Live in UK in Oct 2010.

By end of Oct 2012, she has completed two years in UK and under normal circumstances eligible to apply for Indefinite Leave to Remain, but her FLR(M) Visa application that she submitted in May 2012 is still outstanding.

In such circumstances, can she switch her application from FLR(M) to PR application and apply in person ?

For FLR(M) she applied by post and all her documents are with the HO. If she can apply for PR application in person, will her previous FLR(M) visa application fee be adjusted towards PR application Fee and will caseworker be able to access her documents, already submitted on the date of personal interview ?

Posted: **Mon Nov 05, 2012 3:57 pm**

You cannot apply to "vary an already submitted application" at a PEO.

Posted: **Mon Nov 05, 2012 5:01 pm**

Thanks sushdmehta,

Does that mean I need to wait for her FLR (M) visa application outcome and then only apply for ILR at PEO ?

Alternatively, do you think she can withdraw her FLR(M) application and file a new application for ILR at PEO ? I understand this way we will lose the FLR(M) application fee but atleast get the result ? Her previous FLR (M) visa expired in June, so will that be a problem in applying for ILR application ?

OR

can she apply for ILR and also not withdraw FLR(M) application, this way we just lose the application fee but not risk the visa status between June and now ?

Posted: **Mon Nov 05, 2012 11:35 pm**

She may apply - to vary her FLR(M) application to ILR application - by post. Only an undecided application can be varied, so if you wish to do so then the earlier the better.
See also Varying an application

That said, if you received settlement under long residence then your wife cannot apply for settlement without being granted FLR(M) leave, In such case, do not apply to vary but wait for FLR(M) to be issued.

Posted: **Wed Dec 17, 2014 11:35 am**

Hello Friends

I am due to apply for my wife’s ILR application. She was on FLR M visa before and is due to expire soon. I was on ILR visa before and recently obtained British Citizenship.

I noticed that the ILR rules have changed quite a lot and need your help.

1. For Funds requirement, I understand sponsor i.e. me has to meet financial threshold of £ 18, 600.

Do I have to have 18 600 in my Bank as cash savings or need to earn more than £18,600 each year?

2. Does she need to complete SET M form?
3. Is there any list of documents available on the forum which could be used to prepare the application

I will request all of you to help as her visa is expiring next month.

Thanks

Posted: **Wed Dec 17, 2014 12:06 pm**

I've merged your posts so that the information isn't scatted all over the board.

As she was your Tier 1 dependant prior to 9 July 2012, she remains under the old rules.

1. Adequate Maintenance required.
2. Yes.
3. The SET(M) form lists the required documents.

Posted: **Wed Dec 17, 2014 1:06 pm**

Thanks Vinny,

So does that mean we don't need to have savings of 18,600 in our Bank account ? And for calculation purposes, do we need to provide proof of our monthly rent & council tax bills. Do they only deduct rent & council tax from the weekly earnings.

I also have a two year old baby but he is britih. So how much I need to have as left over for the week ? Is there any document / appendix which i could refer to ?

Thanks for your prompt response.

Regards

Sumit

Posted: **Wed Dec 17, 2014 1:13 pm**

I believe so.

Was her FLR(M) was granted for only two years?
Did you/she have to satisfy the 18,600 when she applied for it?

Refer to Amber's links.

Posted: **Wed Dec 17, 2014 1:17 pm**

Hi Vinny

Yes, her FLR M was only granted for two years.

Thanks

Posted: **Wed Dec 17, 2014 1:19 pm**

That confirms that they granted it under 285. Therefore, they should consider her SET(M) under 288.

Posted: **Fri Dec 19, 2014 3:29 pm**

Hi Vinny

What is '' granted it under 285. Therefore, they should consider her SET(M) under 288 '' ?

I was told by someone that she cannot apply using SET (M) form because she came to the country as Tier 1 Dependant person and got Further Leave to remain using FLR M form.

I know what that person is saying is wrong and what you are saying is correct but could you please confirm.

Secondly, she applied for FLR ( M) visa before 9 July 2012 but her visa was granted in Feb 2013, so in this case does her application still fall under old rules ?

Thanks,

Posted: **Fri Dec 19, 2014 9:58 pm**

kshah wrote:Hi Vinny

What is '' granted it under 285. Therefore, they should consider her SET(M) under 288 '' ?

vinny wrote:Please click on any given links for further information.

kshah wrote:Secondly, she applied for FLR ( M) visa before 9 July 2012 but her visa was granted in Feb 2013, so in this case does her application still fall under old rules ?

Yes, as she had applied for FLR(M) prior to 9th July 2012, which is also clearly prior to 6th April 2014.

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