Immigrationboards.com

Hello guys

I've got a doubt about my ILR application. It will be helpful if I could get some advice please.

My Tier 1 visa expires on 15th June 2012 and will be applying for ILR in May.

My wife joined me in the UK in August 2010 after our wedding and she won't complete her 2 years with me on dependent visa until August 2012. (her visa also expires on 15th June)

Is it possible to make ILR application for both of us together in May rather than me applying alone and she applying for her FLR till she completes her 2 years and then ILR. I know that she won't have completed 2 years by May 2012 but I am just trying to save myself from all that extra cost that we'll have to incur which is:

£1350 : for my ILR in May
£850 : for her FLR (M) in May
£1350 : for her ILR in August

Whereas if we are able to apply together we'll just have to spend £1350 + £650.

Any suggestions please?
Thanks very much.

no, she can't apply before she completes the two years (the earliest she can apply is 28 days before she completes the two years). you can save yourself money by not applying in person for each application- as you are quoting the in person fees rather than the postal.

This seems to be really wierd. They can't even relax for 2 months. I guess there could be some way we can justify this. You think some solicitor could help me doing that?

Those are the rules-i doubt a solicitor can help you get round them and given that your main concern is the additional cost spending money on a solicitor in order to try to save money on application fees doesn't make much sense

Saby26 wrote:This seems to be really wierd. They can't even relax for 2 months. I guess there could be some way we can justify this. You think some solicitor could help me doing that?

If the spouse/civil partner visa was obtained overseas, you can submit an application for indefinite leave to remain 23 months after entering the UK. However, if your entry was delayed by up to 3 months after the issue of your visa, and your visa expires before you have completed 23 months from the date of entry into the UK, you should submit a SET(M) application by post before your visa expires. The application will be placed on hold until the qualifying period has been completed. Alternatively, you can submit an FLR(M) application and, if you meet the requirements for this application, you will be granted a further period of leave to enable you to complete the probationary period.

Seems, you can submit a SET(M) instead of FLR(M) before her visa expires and then the will put the application on hold until she is eligible and then grant ILR for her too ...

Moderators please confirm ....

What is ur current visa type?

If you are on Tier-1 General and if it was granted on a 2 year + 3 year style, then you may produce co-habitation proofs for 2 years in that last 3 year period.

But from the above notes it appears though that you were married only in 2010 and your wife has joined you in august 2010, which seems to be difficult for your wife to apply with you for ILR.

May be other senior members can throw some light on this issue and above explanation that I have above.

Thanks in advance.

Saby26 wrote:This seems to be really wierd. They can't even relax for 2 months. I guess there could be some way we can justify this. You think some solicitor could help me doing that?

An in-time valid joint postal ILR application (with wife) may be possible, only if they are slow in reaching a decision, after both you and your wife respectively qualify.

If you are going to risk it, then make a valid joint postal application, later rather than sooner, shorty before leave expires.

However, note that

Processing times wrote:For applications made inside the UK under Tier 1 of the points-based system, the standard is that we will decide 75 per cent of applications within 4 weeks.

Saby26 wrote:Hello guys

I've got a doubt about my ILR application. It will be helpful if I could get some advice please.

My Tier 1 visa expires on 15th June 2012 and will be applying for ILR in May.

My wife joined me in the UK in August 2010 after our wedding and she won't complete her 2 years with me on dependent visa until August 2012. (her visa also expires on 15th June)

Is it possible to make ILR application for both of us together in May rather than me applying alone and she applying for her FLR till she completes her 2 years and then ILR. I know that she won't have completed 2 years by May 2012 but I am just trying to save myself from all that extra cost that we'll have to incur which is:

£1350 : for my ILR in May
£850 : for her FLR (M) in May
£1350 : for her ILR in August

Whereas if we are able to apply together we'll just have to spend £1350 + £650.

Any suggestions please?
Thanks very much.

Hi,

If this is the matter of saving money than you can follow below way.

1) Post your application for ILR and FLR(M) for your wife.
Try to delay to post your application as much as you can, Normally home office will take 4 to 6 months to process ILR application. After Aug you can write cover letter that now your wife is eligible for ILR. send this cover letter with fee adjustment and required documents.

by following this way you can save money and both you will get ILR.

hope it will help you.
Rubi

rubina20102010 wrote:

Saby26 wrote:Hello guys

I've got a doubt about my ILR application. It will be helpful if I could get some advice please.

My Tier 1 visa expires on 15th June 2012 and will be applying for ILR in May.

My wife joined me in the UK in August 2010 after our wedding and she won't complete her 2 years with me on dependent visa until August 2012. (her visa also expires on 15th June)

Is it possible to make ILR application for both of us together in May rather than me applying alone and she applying for her FLR till she completes her 2 years and then ILR. I know that she won't have completed 2 years by May 2012 but I am just trying to save myself from all that extra cost that we'll have to incur which is:

£1350 : for my ILR in May
£850 : for her FLR (M) in May
£1350 : for her ILR in August

Whereas if we are able to apply together we'll just have to spend £1350 + £650.

Any suggestions please?
Thanks very much.

Hi,

If this is the matter of saving money than you can follow below way.

1) Post your application for ILR and FLR(M) for your wife.
Try to delay to post your application as much as you can, Normally home office will take 4 to 6 months to process ILR application. After Aug you can write cover letter that now your wife is eligible for ILR. send this cover letter with fee adjustment and required documents.

by following this way you can save money and both you will get ILR.

hope it will help you.
Rubi

Moreover, the law is you can apply 28 days before. In fact you have to wait for only 1 month..........Home office will not process you application in normal circumstances in ONLY ONE MONTH. You will be save...

rubina20102010 wrote:1) Post your application for ILR and FLR(M) for your wife.
Try to delay to post your application as much as you can, Normally home office will take 4 to 6 months to process ILR application. After Aug you can write cover letter that now your wife is eligible for ILR. send this cover letter with fee adjustment and required documents.

Good idea.

rubina20102010 wrote:

Saby26 wrote:Hello guys

I've got a doubt about my ILR application. It will be helpful if I could get some advice please.

My Tier 1 visa expires on 15th June 2012 and will be applying for ILR in May.

My wife joined me in the UK in August 2010 after our wedding and she won't complete her 2 years with me on dependent visa until August 2012. (her visa also expires on 15th June)

Is it possible to make ILR application for both of us together in May rather than me applying alone and she applying for her FLR till she completes her 2 years and then ILR. I know that she won't have completed 2 years by May 2012 but I am just trying to save myself from all that extra cost that we'll have to incur which is:

£1350 : for my ILR in May
£850 : for her FLR (M) in May
£1350 : for her ILR in August

Whereas if we are able to apply together we'll just have to spend £1350 + £650.

Any suggestions please?
Thanks very much.

Hi,

If this is the matter of saving money than you can follow below way.

1) Post your application for ILR and FLR(M) for your wife.
Try to delay to post your application as much as you can, Normally home office will take 4 to 6 months to process ILR application. After Aug you can write cover letter that now your wife is eligible for ILR. send this cover letter with fee adjustment and required documents.

by following this way you can save money and both you will get ILR.

hope it will help you.
Rubi

they will not both get ILR if she applies for FLR(M).

Greenie wrote:
they will not both get ILR if she applies for FLR(M).

Why do you say that Greenie, in the worst case, would the main applicant not get ILR ???

sunil.suneel wrote:

Greenie wrote:
they will not both get ILR if she applies for FLR(M).

Why do you say that Greenie, in the worst case, would the main applicant not get ILR ???

no - i meant that the wife will not get ILR if she applies on form FLR(M), as FLR(M) is for further leave, not ILR. The main applicant will of couse get ILR if he qualifies.

Another route would be to get the ILR for main applicant at PEO ...

Then near the end of wifes visa, apply for FLR(M) postal ... so she buys time ...

And then after 2 months send a cover letter with ILR(M) application and fees adjustment ... so they can consider for ILR ...


I dont know if this would work as said ... but atleast one can be sure to get ILR for main applicant ...

Greenie wrote:

sunil.suneel wrote:

Greenie wrote:
they will not both get ILR if she applies for FLR(M).

Why do you say that Greenie, in the worst case, would the main applicant not get ILR ???

no - i meant that the wife will not get ILR if she applies on form FLR(M), as FLR(M) is for further leave, not ILR. The main applicant will of couse get ILR if he qualifies.

I think the idea was to submit the FLR(M) as a backup plan and if its not processed in two months time, then they can submit another cover letter with additional fees to be considered for ILR along with the main applicant.

Do you think that would work ?

Greenie wrote:no - i meant that the wife will not get ILR if she applies on form FLR(M), as FLR(M) is for further leave, not ILR. The main applicant will of couse get ILR if he qualifies.

Yes. However, the wife may vary her application to SET(O) (Or the husband may vary his application to include his wife?) if she becomes eligible for ILR before her husband's decision. Will this be equivalent to both husband and wife applying for ILR together?

Greenie wrote:

sunil.suneel wrote:

Greenie wrote:
they will not both get ILR if she applies for FLR(M).

Why do you say that Greenie, in the worst case, would the main applicant not get ILR ???

no - i meant that the wife will not get ILR if she applies on form FLR(M), as FLR(M) is for further leave, not ILR. The main applicant will of couse get ILR if he qualifies.

True , FLR(M) is further leave to remain. but if home office is taking more than 2 months to process their postal applications and during that time the wife will meet the required time ......She can apply for ILR as dependent of main applicant....If application is under process at that time she doesn't need to pay full ILR fee. all she need to pay fee adjustment and SET(O) dependent required documents. Is there is anything wrong you can see by following that way ?

The law is dependent has to meet 2 years living required in UK (doesn’t mentioned anywhere that application consideration time will not count)
You can apply 28 days before you leave expiry.

vinny wrote:

Greenie wrote:no - i meant that the wife will not get ILR if she applies on form FLR(M), as FLR(M) is for further leave, not ILR. The main applicant will of couse get ILR if he qualifies.

Yes. However, the wife may vary her application to SET(O) (Or the husband may vary his application to include his wife?) if she becomes eligible for ILR before her husband's decision. Will this be equivalent to both husband and wife applying for ILR together?

trying to vary applications is always very messy and personally, in these circumstances I probably wouldn't risk it given the ineptitude of the UKBA in dealing with seemingly straightforward cases. I have never attempted to vary an application in this way so don't know if logistically or legally it would work in that I am not sure whether they would consider that they were applying for ILR together. Maybe I have become overly cautious?

Hello Greenie vinny sunil.suneel ,

I am in a similar boat.

My Visa and my wife visa expires in July 2012 (but wife complete 2 year in November 2012)

I am eligible to apply for ILR in April 2012

As mentioned by Sunil can I apply for ILR at peo and then apply for FLR(M) for wife in July and then attempt to vary application to SET(M) in October.

Or apply for SET(M) directly in October hoping to be considered in 4 months time by when she would be eligible.

sameeer wrote:Hello Greenie vinny sunil.suneel ,

I am in a similar boat.

My Visa and my wife visa expires in July 2012 (but wife complete 2 year in November 2012)

I am eligible to apply for ILR in April 2012

As mentioned by Sunil can I apply for ILR at peo and then apply for FLR(M) for wife in July and then attempt to vary application to SET(M) in October.

Or apply for SET(M) directly in October hoping to be considered in 4 months time by when she would be eligible.

Post your application ---- best for saving money and getting ILR for yourself and your wife...

If home office is taking more than 2 months to process their postal applications and during that time the wife will meet the required time ......She can apply for ILR as dependent of main applicant....If application is under process at that time she doesn't need to pay full ILR fee. all she need to pay fee adjustment and SET(O) dependent required documents. Is there is anything wrong you can see by following that way ?

The law is dependent has to meet 2 years living required in UK (doesn’t mentioned anywhere that application consideration time will not count)
You can apply 28 days before you leave expiry.

Is this 28days before expiry applicable for the spouse too ? i.e will the spouse be eligible 28 days before the spouse completes 2 years ?

sameeer wrote:Hello Greenie vinny sunil.suneel ,

I am in a similar boat.

My Visa and my wife visa expires in July 2012 (but wife complete 2 year in November 2012)

I am eligible to apply for ILR in April 2012

As mentioned by Sunil can I apply for ILR at peo and then apply for FLR(M) for wife in July and then attempt to vary application to SET(M) in October.

Or apply for SET(M) directly in October hoping to be considered in 4 months time by when she would be eligible.

no attempting to vary to SET(M) in this way will not work because if you are applying for her leave after you have your ILR, she needs to be first granted leave on Form FLR(M) before applying for ILR on form SET(M).

We are getting in to the realms of rather sticky tecnicalities, logistics and complex legailities here - please be careful about suggesting such options as they are misleading. Sunil's suggestion is not an option.