ILR applications for PBS deps - spouse long residence

[skywatcher]

plz sign e-petition


http://epetitions.direct.gov.uk/petitions/65556

[Ru2]

hello mustansir
i checked with the home office, they said that even if one get ILR, Their dependent don't have to get their visa status changed within 28 days. they can change when their own visa is about to get expired irrespective of their spouse ILR status

The advice that I have seen briefly on this forum seems to suggest that dependents of those that obtain based on ILR (LR) who have been tier 1 dependents should switch their visa to a dependent of a settled person asap or they would not be able to travel out of the UK and back. However hardip03 seems to contradict this with the above post. Those that are saying otherwise, are you saying this having spoken to the home office?

[aurnoc]

Hi Ru2

http://www.immigrationboards.com/immigr ... 43881.html

I would advice that you call HO and see what they tell you. Unfortunately there is no standard answer from them.

Also keep in mind that before 6th April rule, timing of FLR M was not so crucial. Now the whole scenario has changed. The sooner a dependent switches, the sooner the 5year clock starts.

Hope it helps your concerns.

[ali45]

Hi everyone
I am switching to ILR next month and my wife got T1 dependent visa but she is still in pakistan for some reason she might b travel b4 i send off my ILR app,but my question is just in case if she cnt travel before my app and until my ILR app decision can she travel on her T1 dependent visa kindly help.

[RizwanAhmed]

Need advice from any senior member of forum PLZ>>>>!!!!!

I got my ILR in Feb 2014 on 10 years residency some personal reason I couldn’t apply for my wife FLR(m) before April 2014. I applied on 2nd Oct 2014 at PEO and got approval for my wife. On that letter the case worker did not mention for how long he gave visa to my wife. Just mentioned your BRP will be delivered within 7 days etc….

Is that normal practice to not mention visa duration?????

At the end on letter after his signature there is rectangular box and in that box is mentioned “ If you are planning to apply ILR use SET(M) form and further information please visit http://www.gove.....”

Any idea what is that? Did he consider her within old rule? Or new? As he gave information for ILR in that box which is the last thing mentioned on that letter

Any advice plz?????

Thanks

Regards
Riz

[esmsi]

BAD NEWS

Recently one of my friends set(M) is refused in PEO.
I advice him not to apply since I know rules has changed. He got FLR(M) after 6th April 2014.
Main applicant 10 years ILR

[aurnoc]

Yes she can travel on her Tier1 dependent visa. There should not be any problem as until your ILR is approved, your status will remain the same.

Hi everyone
I am switching to ILR next month and my wife got T1 dependent visa but she is still in pakistan for some reason she might b travel b4 i send off my ILR app,but my question is just in case if she cnt travel before my app and until my ILR app decision can she travel on her T1 dependent visa kindly help.

[aurnoc]

I will have to check on my FLR M letter. Mine stated that 60 months must be completed on this visa before applying for settlement.
Duration of visa is not mentioned on letter as its a standard letter issued to all. All applications made after 6th April have been dealt with new rule. Among hundreds of members here, nobody has reported any exception.

Need advice from any senior member of forum PLZ>>>>!!!!!

I got my ILR in Feb 2014 on 10 years residency some personal reason I couldn’t apply for my wife FLR(m) before April 2014. I applied on 2nd Oct 2014 at PEO and got approval for my wife. On that letter the case worker did not mention for how long he gave visa to my wife. Just mentioned your BRP will be delivered within 7 days etc….

Is that normal practice to not mention visa duration?????

At the end on letter after his signature there is rectangular box and in that box is mentioned “ If you are planning to apply ILR use SET(M) form and further information please visit http://www.gove.....”

Any idea what is that? Did he consider her within old rule? Or new? As he gave information for ILR in that box which is the last thing mentioned on that letter

Any advice plz?????

Thanks

Regards
Riz

[aurnoc]

You advised your friend correctly, Emsi.
If you can please forward our Facebook group (link in my signature) to your friend. Thanks.

BAD NEWS

Recently one of my friends set(M) is refused in PEO.
I advice him not to apply since I know rules has changed. He got FLR(M) after 6th April 2014.
Main applicant 10 years ILR

[ali45]

Many thanks aurnoc

Yes she can travel on her Tier1 dependent visa. There should not be any problem as until your ILR is approved, your status will remain the same.

Hi everyone
I am switching to ILR next month and my wife got T1 dependent visa but she is still in pakistan for some reason she might b travel b4 i send off my ILR app,but my question is just in case if she cnt travel before my app and until my ILR app decision can she travel on her T1 dependent visa kindly help.

[galaxy122]

Documents list for ILR dependant
Hello everyone, I am new to immigrationboards.com and I have a query regarding the documents that need to be provided for ILR dependant file. My husband has applied for his ILR on the basis of his 10 years stay in the UK and is expected to get it soon. I will then soon be joining him as his dependan...

[jignesh455]

Documents list for ILR dependant
Hello everyone, I am new to immigrationboards.com and I have a query regarding the documents that need to be provided for ILR dependant file. My husband has applied for his ILR on the basis of his 10 years stay in the UK and is expected to get it soon. I will then soon be joining him as his dependan...

First and foremost you need to meet the financial (£18,600) and english requirements for your wife. The financial requirements includes 6-months bank statements and 6-months payslips. You wife must pass the english exam. Since your wife does not live in the UK at the moment am afraid she cannot use form FLRM, but i think she can use form VAF4A and please fill out Appendix-2 as directed in the application form. Please follow the link below;

https://www.gov.uk/government/uploads/s ... /VAF4A.pdf

https://www.gov.uk/government/uploads/s ... endix2.pdf

https://www.gov.uk/government/uploads/s ... lement.pdf

You should complete Appendix 2 if you wish to come to the UK as:
• The spouse or civil partner of someone settled in the UK; or
• The child of a parent who is applying for entry clearance as a partner or the child who is applying to join their parent who is already in the UK and has been granted limited leave as partner granted under the Immigration Rules in force on 09 July 2012; or
• The fiancé(e) or proposed civil partner of someone settled in the UK; or
• The unmarried or same sex partner of someone settled in the UK; or
• The Post Flight family member (spouse or civil partner, unmarried or same-sex partner, fiancé(e) or proposed civil partner, or child) of someone with limited leave to enter or remain in the UK as a refugee or is the beneficiary of humanitarian protection.

Hope this helps Other experienced members please give your advise to Ima. Thanks[/quote]

Which English test should she take, IELTs, Toefl amd what's the minimum band required?
Do I have to attach her Educational documents as well?
Do you know what's the average time scale for such applications thesedays?

My understanding was that I would be the only one filling out the form and submitting the application from UK but little confused about her being required to fill out form too from back home. Are we supposed to submit separate applications from within UK and from back home? Please advise.

I'm really grateful for your time and responses.

Many thanks,

Ima[/quote]

Hello Ima,
you will have to submit your wife's application from your home country since she doesn't live in the UK. You will include your marriage certificate as well as the English language requirements check the links I sent you on documents required for the application you will find the English language requirements and the type/band required.
You only need to submit ONE application only and this is to be submitted in the country your wife is currently residing.[/quote]

Thank you for further clearing my doubts. I have created a checklist of the documents for myself and my wife. Please confirm if I'm missing anything

My Documents:

- Appendix 2 (VAF 4A) Financial Requirement Form
- 6 Months Payslip - showing I earn £18,600 per annum
- 6 Months Bank Statements
- Employers Letter - is it mandatory?
- Letter from Landlord confirming there is enough space to accommodate?
- Marriage Certificate
- Wedding Pictures

My Wife Documents:

- Personal Details Form (VAF 4A) Family Settlement Application Form
- All her Passports
- Two Passport size pictures
- English Test Certificate - CEFR A1 level 1 or equivalent
- TB Test Report
- Degree Certificate - is it mandatory?

[s_z]

Hi
Any favourable rule for Long residents dependants on 6th nov 2014 ?Although have Visa till 2016 but came to know after Coming to Pakistan for Holidays?any opinions?currently in pbs dependants Visa as husband was on tier 1 before his indefinite.

[Wassu75]

march 2004: Came uk
2004-2009 : student visa
2009-2010 : no visa
2010-2012 : PSW
2012 : apply human rights on the basis of wife (student in uk) and two kids family
August 2013 : refused
March 2014 : appeal made against decision
October 2014: appeal allowed
Till now waiting for Discreationary leave (DL)to remain in the UK
Appeal Won, How long do I have to Wait. Any1 here got visa. I first applied to HO for visa then they respond me after more then one year i received refusal from them then we made an appeal in march 2014 and got hearing on 04 September 2014 and appeal has been allowed on 10 October 2014 from this i am waiting for BIOMETRIC VISA CARDS CAN ANY BODY Pls guide me in this situation specially asking to experts of this forum.
Thanks

[Rolinking]

Hi Amber,
With this new change(s),may I pls know if an individual on the five years transitional period can truncate it as soon as they themselves accrue 10 years long residence in UK?

[Rolinking]

Hi Amber,
Just a bit curious here, may I please know if the dependand of a person who just got his/her ilr on 10 year long residence having applied and granted leave to remain for 5years based on the April changes. My question actually is that could that dependant shelve the 5years transition and apply SET(M) if he/she make 10 years long residence in the 5years FLR(M) leave to remain.
Thanks for your anticipated and helpful response.
Regards,
Rolinking

[sabaadil]

sabriz

Did you get your answer? Did you travel to India with your Tier 1 Dependent? i am on the same situation as i have booked my fli ght and i got my ILR on 10 year route and my Wife has got Tier 1 Dependent which will expire ends of March 2015. my 2 kids has got British Passport after my ILR. My friend's wife used to travel twice on the same situation as i have and she hasnt got any issue.

Can someone advise or inform me if its any issue for traveling?

thanks

[Achilles.ali]

good Afternoon
I have a question if anyone can help me please,im a self employed and my wife came in uk in 2007 as a dependant
I was on student visa.i applied for tier 1 entrepreneur visa which was rejected and 1 couldt win the appeal on ftt.now im in the process for the permission of utt but mean while I completed my 10 years, now im waiting for the reply of permission to utt, even if I don't get the permission I still have 28 days to submit a new application, and im going to apply for ILR on the long term basis

I came in uk 2004 dec, im a self employed now and I earn more than 18600 after tax,i don't have any breaks in my long term residency as I have always applied for extension before my leave expires I have no criminal receort and no ccjs , I have checked it on trust online and experions credit check report all is clear and I have a pretty good credit history with no criminal records

my wife came in uk in 2007 since then she been my dependent its been almost 8 years now, she already passed A1, B1 aqnd life in uk test. our l;awyer said she need to pass a1 to get the spouse visa nd b1 for indefinite and life in uk to apply for ilr, now im bit confused I just saw this topic here and I don't understand if my wife can apply for ilr once she get spouse visa, because according to our lawyer she can apply for ILR , even the get day when she get spouse visa. and yeah in all these years we only went Pakistan 4 times. now more than 105 days.please someone explain these rules for me so I can understand if what my lawyer saying is right

Kind regards
Ali

[vinny]

Your solicitor may be mistaken.

Please continue in your other thread.

[Obie]

Your solicitor may be mistaken.

Please continue in your other thread.

I agree. It is like some of these lawyers don't read or update themselves.

I you have made a life long decision of practicing law, then you have to be constantly reading and updating oneself on the law, and changes to it.

Or they might as well do something like accounting or a writer or political science, or History even , as they seem to be purely focused on the past and not the present.

[T.Ahmad]

Hello Dear Admin, I would like to ask about my wife Spouse Visa FLR(M).

I received my wife FLR(M) Decision yesterday, mentioned that they did not accept my (sponsor's income threshold £25,000), because i did not sent my Original Bank statement but they did accept my wife income threshold which is £10,000 was not enough to reached required amount of 18,600. Apart from bank statement they accepted my Payslips/P60/Job Confirmation Letter etc.

i sent some original and some online banking prints bank statement, because i was running out of time when i asked for further documentation so i sent some online statements.

But they issued visa to my wife .... Consideration has been given under paragraph R-LTRP.1.1 (a), (b) and (d) of appendix FM wich include the expectations paragraph EX.1(a) and (b). you have a parental relation with a child and it is not reasonable to expect that child to leave the United Kingdom.

Because of your particular circumstances, you have been granted leave to remain within the immigration rules under D-LTRP.1.2 of Appendix FM. 30 Months with permission to work.

My Wife came to UK in April 2008 on my dependent visa (Tier4 Student dependant). Her 10 years will complete on

1. What is the Dis-Advantages or Bad about Discretionary leave to Remain?

2. Is that will be difficult to extend visa in future as FLR(M)? because my wife will need one year more leave to remain to complete her 10 years for ILR(LR) at the end of her current leave to remain which she just given now.

3. Shall i go for Administration Review ? with my original Bank Statement?

Please Advise me i need some clarifications.

Many Thanks
Tanweer

[vinny]

1. Takes longer (10 years instead of 5) for SET(M) under this route.
2. I don't think that her 10 years elibility for SET(LR) under Long Residence will be affected.
3. She may ask for a Reconsideration.
Submit the evidence (bank statements, etc.) as specified in Appendix FM-SE.

[T.Ahmad]

1. Takes longer (10 years instead of 5) for SET(M) under this route.
2. I don't think that her 10 years elibility for ILR under Long Residence will be affected.
3. She may ask for a Reconsideration.
Submit the evidence (bank statements, etc.) as specified in Appendix FM-SE.

How to ask for Reconsideration ?
what is the difference between Reconsideration and Administrative Review?
Please Help me. And Thanks for Reply.

[vinny]

Please click on any given links for further information.

Administrative Review option is not applicable.

[angelStha]

Hi Gurus

I have applied for ILR on base of 10 Years Long Residence and waiting for approval.

My wife is on Dependent visa of T1 HS and Visa expire on June 2016.

Once i get my approval, she need to change her Visa Status to ILR dependent. She don't have problem for her English test coz she finished her MBA from UK university. I am Bit worried about Bank Statement and Payslip.
Is it alright to show her Own Bank statement and Payslip.
If Yes- How much does she need to show and for how long??

I would really appreciate for your Kind Advice.

Regards