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ILR Question

Posted: Mon Oct 21, 2019 4:56 pm
by yawar
Hi,
One of my friend Got his ILR 3 months ago on the basis of 10 Year long residency. His dependent has spent 5 years on Tier 2 depend visa's few days ago but his sponsor got ILR on long residency basis 3 months ago. Couple has one child who got British passport one month ago.
I assume the day main applicant got ILR; His wife will not longer be able to apply for ILR now as his sponsor got ILR on long residency basis 3 months ago. Is it Correct?
Now his wife has two options; Either to apply for FLR(M) dependent of a ILR holder or FLR(P) dependent of British child. In first option she will have to maintain income requirement next 5 years. But if she applies as FLR(P) then he won't have to maintain income requirement.
If she applies with FLR(P) then when will she be eligible to apply for ILR?
What would be the best option in the scenario?

Re: ILR Question

Posted: Mon Oct 21, 2019 5:15 pm
by CR001
I assume the day main applicant got ILR; His wife will not longer be able to apply for ILR now as his sponsor got ILR on long residency basis 3 months ago. Is it Correct?
Correct.
Now his wife has two options; Either to apply for FLR(M) dependent of a ILR holder or FLR(P) dependent of British child. In first option she will have to maintain income requirement next 5 years. But if she applies as FLR(P) then he won't have to maintain income requirement.
If she applies with FLR(P) then when will she be eligible to apply for ILR?
What would be the best option in the scenario?
FLR m would be the obvious choice and there is no requirement to be employed for the full 5 years. She simply needs to meet the English and financial requirement for each application.

FLR fp 5 year route requires the same income. FLR fp 10 year route does not.

She needs 5 years on FLR m of FLR fp 5 year route, 2 X 2.5 year visas, before she can apply for ilr.

Re: ILR Question

Posted: Mon Oct 21, 2019 9:03 pm
by yawar
“FLR m would be the obvious choice and there is no requirement to be employed for the full 5 years. She simply needs to meet the English and financial requirement for each application.”

But if Her husband gets a British nationality next year then income requirements will be applied?


She needs 5 years on FLR m of FLR fp 5 year route, 2 X 2.5 year visas, before she can apply for ilr.
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If she go for FLR fp 10 year route; can she not apply for ILR on 10 year legal stay basis after 5 years?
Thank you for your quick reply.

Re: ILR Question

Posted: Mon Oct 21, 2019 9:23 pm
by seagul
yawar wrote:
Mon Oct 21, 2019 9:03 pm

If she go for FLR fp 10 year route; can she not apply for ILR on 10 year legal stay basis after 5 years?
Thank you for your quick reply.
Yes she can provided the ILR route on 10 years long residence basis will remain operative.