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ILR applications for PBS deps - spouse long residence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

vinny
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Re: ILR applications for PBS deps - spouse long residence

Post by vinny » Fri May 09, 2014 11:28 pm

FLR(M); 5-year route.
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cable123
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Re: ILR applications for PBS deps - spouse long residence

Post by cable123 » Thu May 22, 2014 5:21 pm

Hi,

Someone can help please!
I granted ILR in 1-Apr-14, on long residence and I managed to apply for my wife on 5-Apr-14 and granted FLR(M) for 2 years on 14-May-14.
My wife came UK on 8-Aug-2011, so I beleive she come under old PBS dependent rule.

My wife away from UK 2 times (1st time for 40 days and 2nd time for 8months) I wonder if I still can apply SET(M) for her or should I wait 2 years due to long break? any suggestion or advise welcome.

Good luck for people waiting!

zaid2012
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Re: ILR applications for PBS deps - spouse long residence

Post by zaid2012 » Fri May 23, 2014 12:25 pm

Hi

My husband received his ilr in january 2014 on long residence basis... I joined him as PBS dependent in november 2009....after that
he switched to student visa and i am his dependent since then....i applied as FLR{M} and was granted ilr dependent in january 2014.

Now my question is since i will be completing my five years as his dependent in november 2014... will i be able to apply for my ilr under the old immigration rules and how much finance do we need to show for that?

Pls help me to clear the doubt as i find various peoples various opinions.

thnx

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Re: ILR applications for PBS deps - spouse long residence

Post by Amber » Fri May 23, 2014 6:57 pm

You don't need to complete 5 years! Rather 2 so you can apply for SET(M) by virtue of immigration rule 287(a)(i)(d) B1 English and LIUK required.
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cable123
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Re: ILR applications for PBS deps - spouse long residence

Post by cable123 » Fri May 23, 2014 9:38 pm

Hello Amber,

Can you advise please!!

I granted ILR in 1-Apr-14, on long residence and I managed to apply for my wife on 5-Apr-14 and granted FLR(M) for 2 years on 14-May-14.
My wife came UK on 8-Aug-2011, so I beleive she come under old PBS dependent rule.

My wife away from UK 2 times (1st time for 40 days and 2nd time for 8months) I wonder if I still can apply SET(M) for her or should I wait 2 years due to long break?

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Re: ILR applications for PBS deps - spouse long residence

Post by Amber » Sat May 24, 2014 12:00 am

Absences should be limited and for good reason, what was the reason for an 8 month absence?
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cable123
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Re: ILR applications for PBS deps - spouse long residence

Post by cable123 » Sun May 25, 2014 8:51 am

Thanks for reply Amber.

Long leave due to maternity, my daughter born in malaysia but I was with my wife in malaysia for 40days. Now both are in UK with FLR(M) granted for 2 years.

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Re: ILR applications for PBS deps - spouse long residence

Post by Amber » Sun May 25, 2014 10:03 am

That should be ok just supply evidence of a subsisting relationship whilst away.
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Re: ILR applications for PBS deps - spouse long residence

Post by tanz5656 » Tue May 27, 2014 10:02 pm

Re: 10 years long residence applications
Hello I have one question for flr m , my wife was living with me since 2010 as a dependent and we have extensions since then, do I need to show documents that she is living with me which covers two years or I only need to send her original passport and bio metric as required in flr m 12 a. And do I need to complete 7b and which documents I need to show for maintenance

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Re: ILR applications for PBS deps - spouse long residence

Post by kajis » Wed May 28, 2014 5:52 am

Dear Amber,

I have been here since 2004. currently on Tier 1 and intends to apply ILR long residency hopefully on next month, i would like to ask you about my wife she is here with me since Aug 2010 and currently she is on tier 1 dependent which is going to be expired in next year so her case lies under new rule or old.? do she need flrm or set m after my approval?

please advise thanks

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Re: ILR applications for PBS deps - spouse long residence

Post by Amber » Wed May 28, 2014 1:08 pm

You should consider continuing as a T1 applicant rather than settling under SET(LR), until you can apply together.
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Re: ILR applications for PBS deps - spouse long residence

Post by tanz5656 » Wed May 28, 2014 3:40 pm

Re: 10 years long residence applications
Hello I have one question for flr m , my wife was living with me since 2010 as a dependent and we have extensions since then, do I need to show documents that she is living with me which covers two years or I only need to send her original passport and bio metric as required in flr m 12 a. And do I need to complete 7b and which documents I need to show for maintenance

samira_uk
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Re: ILR applications for PBS deps - spouse long residence

Post by samira_uk » Mon Jun 02, 2014 10:28 am

Hi,

it means that a pbs dependent whose spouse is now granted ILR on long residency basis, has to apply under Appendix FM and meet the financial requirement (£18,600)? Then, he has to wait for 5 years before applying for his ILR?

Thanls

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Re: ILR applications for PBS deps - spouse long residence

Post by Amir2011 » Thu Jun 26, 2014 1:50 pm

Hi Amber,
Have question regarding my spouse PBS dependant.
Could you please let me know about the following confusion.

1. My wife arrived in the UK as Tier-4 Dependant in June 2011. She is on Tier-1 General Dependant now.
I am completing my 10 year in early next year. Now the question is
As she arrived in the UK before 9th July, 2012, So, can she apply as FLR(M) under old rule and after that will she be eligible for SET(M) straight away or does she have to wait 5 Year for SET(O) according to new rules.

Regards

Amber
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Re: ILR applications for PBS deps - spouse long residence

Post by Amber » Thu Jun 26, 2014 6:23 pm

Technically no, you'd be subject to Appendix FM - the new rules. However, some members are reportedly successful under the old rules at a PEO.
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Re: ILR applications for PBS deps - spouse long residence

Post by rmkirfan » Fri Jul 04, 2014 11:48 am

Dear Moderators,

Recently my SET(LR) approved and spouse PBS dependent is valid till July 2016. As I don't have enough documents and her verified degree at the moment to apply FLR(M) straight away. If I have to go to India, can we travel?

Do you think spouse still in valid status till July 2016 as Tier 1 dependent though my status changed to LR ?
Do you think we can travel and should be ok?

Im trying to find a right solution since long time . Quick Advice much appreciated and really helpful.

Many Thanks in Advance,
rmk Irfan

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Re: ILR applications for PBS deps - spouse long residence

Post by RANA-ALI » Sat Jul 05, 2014 3:38 am

rmkirfan wrote:Dear Moderators,

Recently my SET(LR) approved and spouse PBS dependent is valid till July 2016. As I don't have enough documents and her verified degree at the moment to apply FLR(M) straight away. If I have to go to India, can we travel?

Do you think spouse still in valid status till July 2016 as Tier 1 dependent though my status changed to LR ?
Do you think we can travel and should be ok?

Im trying to find a right solution since long time . Quick Advice much appreciated and really helpful.

Many Thanks in Advance,
rmk Irfan
Its not wise thing to travel out of uk with ur mrs, as this cause some problem on the way back.
U need to understand that since u have got ilr ur mrs tier 1
status should technically be changed beacuse she is no more dependant on tier 1 migrant , some people says 28 days from u received ur ilr . Its a bit grey area
Also for english requirement i can recommend to do A1 exam from trinity exam centre, its very simple and cheap as compare to going back india to get degree verified, they normally have quite a few slots on exams centre, i thing the whole process of getting english exam done and receiving certificate shouldnt take no longer then 20 days only bcoz they require 2 week to send ur pass certificate from the date of passing exam,
Also what u mean by not having enough
documents for flrm( r u talking about
cohabitation documents) could u plz explain so other could help u better.
Regards
Ali

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Re: ILR applications for PBS deps - spouse long residence

Post by Lemar » Tue Jul 15, 2014 4:57 pm

Hi all,

I received IlR (10yr) and we applied for my partners flr(m) recently. He received it and the letter states he can apply for ilr after 2 yrs, but his brp is valid for 2 and a half years

We are going to try and make a peo appointment for settlement using for SET(m) based on the letter stating 2 years.

I need some help please

1. Please confirm the required documents
2. For those who are familiar with the rules please give some guidance that could help explain to caseworker that because letter states two years we assumed it was considered under old rules because my husband was dependant prior to July 2012

Thanks and pray for us

rasheedabdul786
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Re: ILR applications for PBS deps - spouse long residence

Post by rasheedabdul786 » Sat Jul 19, 2014 12:24 pm

Dear AMBER,
I would really appreciate if u can answer some of my doubts regarding flr m application for my wife.
I got ilr on 24th April 2014 under 10yrs long residence before that i was on tier 1 general visa.my wife came to u.k as my tier 1 general depedent in june 2011(currently holds tier1 general dependent visa valid untill dec-2015).As i m applying for flr m for her do i need to fullfill the financial requirement i.e; section 7a of flr m or do i need to go to section 7b maintance.. she came to uk before 9th july 2012

If still i need 2 meet the financial requirement of £18,600 can it be the combined income of my wife and myself or it should be only my income.Apparently i m working part time and my wife full time.

my other doubt is about question 2.2 of section 2..
2.2 Is this the first time you have applied for a visa or extension of stay in one of the above categories
(including previous leave granted as a fiancé(e) or proposed civil partner) with your current sponsor?
Yes No
what shall i tick ( yes or no..)

It will b great help if u can clear me my doubts.

Thanks
regards
RASHEED

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Re: ILR applications for PBS deps - spouse long residence

Post by Amber » Sat Jul 19, 2014 1:26 pm

It would be the Financial Requirement 7A, so far as working legally, incomes can be combined. A1 English also required.
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rasheedabdul786
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Re: ILR applications for PBS deps - spouse long residence

Post by rasheedabdul786 » Sat Jul 19, 2014 3:56 pm

Amber wrote:It would be the Financial Requirement 7A, so far as working legally, incomes can be combined. A1 English also required.
Thanks for the response Amber..my wife is working from 6mths in IT and she hold a degree from India which was taught in English language.Hope it will be fine ..once again thanks for ur help..

Regards
rasheed

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Re: ILR applications for PBS deps - spouse long residence

Post by Amber » Sat Jul 19, 2014 5:03 pm

It'll need to be awarded 20 points or more for qualification and 10 points for English Skills on the PBS calculator to be used without validation by UKNARIC.
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Re: ILR applications for PBS deps - spouse long residence

Post by aurnoc » Sat Jul 19, 2014 10:34 pm

Lemar wrote:Hi all,

I received IlR (10yr) and we applied for my partners flr(m) recently. He received it and the letter states he can apply for ilr after 2 yrs, but his brp is valid for 2 and a half years

We are going to try and make a peo appointment for settlement using for SET(m) based on the letter stating 2 years.

I need some help please

1. Please confirm the required documents
2. For those who are familiar with the rules please give some guidance that could help explain to caseworker that because letter states two years we assumed it was considered under old rules because my husband was dependant prior to July 2012

Thanks and pray for us
Any luck applying with set m for ur husband?

Lemar
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Re: ILR applications for PBS deps - spouse long residence

Post by Lemar » Wed Jul 23, 2014 1:14 pm

Hi auroc,

Our peo appointment is next week.

Will let you know

aurnoc
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Re: ILR applications for PBS deps - spouse long residence

Post by aurnoc » Wed Jul 23, 2014 2:33 pm

Thank you, my FLR (M) is on Monday the 28th. Best of luck to both of us ;)

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