Dependent application of ILR (10 years)

[Rajivm]

Hello everybody,

My application for ILR (10 years) still in process and my wife visa is expiring soon. I did get help from members of this forum, suggesting to use FLR(m) form for my wife application and attached a covering letter to hold on the application until my ILR is concluded.

After visiting a solicitor today regarding the application, i have been informed that my wife application will be refuse straight away if i use the form FLR(M) or FLR(O) even with the covering letter. Because, FLR(m) form is intended that the sponsor is a settle person or a british citizen and the caseworker will reject the application as these requirement are not made. What he proposed me is to send FLR(o) which will be refuse automatically and this will give enough time until my ILR is concluded. Then he will take the case to the court which he guaranteed success. Very confusing !

Below is my wife time spent in the uk
Student visa 1 year 6 months
PSW 2 years
Dependent of student 1 year 5 months

Currently she still holding a dependent visa of (Tier 4) student and we are living together on the same address since 5 years.

I will be very grateful if someone can clear me out and whoever have applied FLR(m) with covering letter, was it successful or not.

Thank you

[ahyang0129]

there's no point to apply for her extension now as from what you said it seems she got her pbs dependent visa after july 2012, ie, she's under Appendix FM 5 year rules, provided her current visa has enough time for her to stay till your ILR (10 years) is granted.

if she applied for her pbs dependent visa before 8 July 2012 then it might be worth a try to apply for FLR(M) now.

if the solicitor thinks both FLR(M) and FLR(O) will be rejected straight away, why can he guarantee a success in court on FLR(O) but not on FLR(M)? is that because he believes he can take the case to the court if it is FLR(O) but not FLR(M)? you may want to ask him about this.

if the whole point is just to buy the time for your ILR application to be settled, still why FLR(O) but not FLR(M)? and why go to the court at this stage since she can then make a new FLR(M) application?

[vinny]

FLR(O) seems illogical.

[Rajivm]

I have applied for ILR on 06/03/2014 and done my bio scan today.

My wife was on dependent visa of Tier4 student from 25/07/2012 and it is expiring on 30/04/2014. So her visa will expire before i get a decision on my ILR.

The guy told me i can use any form FLR(m) or (o) to make my wife application, which eventually will be rejected because am not settle yet. After i receive my ILR, he will try to win the case in court.

Am thinks he trying to make some money out of me.

[ahyang0129]

I have applied for ILR on 06/03/2014 and done my bio scan today.

My wife was on dependent visa of Tier4 student from 25/07/2012 and it is expiring on 30/04/2014. So her visa will expire before i get a decision on my ILR.

25/07/2012 was the date that she's granted her current dependent visa, right?

if she made her application for the pbs dependent visa before 09/07/2012 then she's under the old rule if she applies for FLR(M) before 06/04/2014.

[Rajivm]

Unfortunately my friend, the application was done on 16/07/2012 while we were in my home country (Mauritius). Visa processing was much quicker at that time, about 3-10 working days. Now the visa process have move to south africa in pretoria, but still turnaround time about 4 weeks .

It seems that she does not qualify under the old rules.By the way what old rules statement?

If i can't use FLR(m) so how do i proceed from there.

[ahyang0129]

It seems that she does not qualify under the old rules.By the way what old rules statement?
If i can't use FLR(m) so how do i proceed from there.

the rule before 06/04/2014 is that she can include the time she stay as a pbs dependent in to the required 2 year period before she can apply for her ILR and she is under the old adequate maintenance requirement. the new rule is she need to spend another 5 year from the time she get her leave as a spouse of a settled person before she can apply for settlement and she needs to satisfy the new financial requirement.

FLR(M) is the correct form. your initial plan sending out the form with covering letter is the way.

[Rajivm]

Thank you very much for the help. I will proceed with FLR(m) application with covering letter and do you think that i should apply before 6 April or after.

[ahyang0129]

Thank you very much for the help. I will proceed with FLR(m) application with covering letter and do you think that i should apply before 6 April or after.

it makes no difference in your case so it depends on how soon you can get the required documents done (english language certificate, payslips, banks statements, etc).

[Rajivm]

ok right. Is there any trick that i can use to request UKBA to speed up my application process.