form used for dependent when sponsor ILR(10yr) not decided

[saqee]

Hi Dear All
I have applied for my ILR(10 yr) visa in last december.My wife dependent visa is going to be expired on 10th of February this year.Somebody told me i can apply for FLR(M) visa for her regardless of the fact that her sponsor application is still waiting to be decided.I have gone through that form and i was not sure to use this form for dependent whose main applicant ILR(10yr) decescion is still pending at home office.I would be greatful for all input from all members of this board.
Many thanks and best wishes.

[vinny]

Yes.

[saqee]

Hi Vinny thanks for the reply from your yes can i conclude that FLR(M ) is the correct form in my case.

[Obie]

There are reports of application being returned as invalid on the basis that there is no settled person, so such application cannot be successful.

Some people have reported being asked to fill in FLR(FP) instead.

There is a possibility that FLR(FP) can be varied to FLR(M) is your application for ILR is successful.

[vinny]

Wouldn't the FLR(FP) fail or be undecidable too, before the SET(LR) has been decided?

[Obie]

Your views may be the most logical, as it use to be the logical step taken by dependent of PBS migrant who applies under long residence.

At present UKBA is returning those applications as invalid and advising applicant to apply under FLR(FP), on the basis that they are not a spouse of a Settled person.

If the visa is far away from expiry, then they can take a chance and apply for FLR(M) and ask that the application be put on hold, and if it is rejected as invalid, then an application for FLR(FP) can be made and subsequently varied.

If visa is about to expire, i will simply advise that FLR(FP) be used instead to preserve any appeal rights.

That is my humble view, as she will have difficulty if as a result of the invalidity she has no leave and as a result does not get a right of appeal under Section 82(2) of the 2002 act.

[vinny]

I've updated our guidance to include your valuable advice.

[vinny]

The UKVI appears to like choosing the 'invalid' route. It automatically undermines Section 3C and appeal rights.

[Obie]

These people can also ask the Secretary of State to put their FLR(FP) application in hold as they will vary it as and when their spouse's application is decided to FLR(M).

In the case of people who have few months left on their dependent visa, they can remedy any invalidity notice sent to them.

However if a person applies few weeks before their dependent visa expires, using FLR(M), then the person risk having an invalidity notice, and risk being left with no leave to remain, and in the process losing their appeal right, which would have enabled to continue their normal life until their spouse's ILR has been decide.

Needless to say that the effect of this could be potentially disastrous, especially if there is no child in the family with 7 years residence or British Citizenship.

The guidance has been a point of reference for me for many years, but as the authorities are changing the rules as they go along, one has to update these guidance to take account of these changes.

Thanks Vinny.

[Obie]

The UKVI appears to like choosing the 'invalid' route. It automatically undermines Section 3C and appeal rights.

Precisely.

For years their policy was consistent with your guidance, of putting such applications on hold pending the conclusion of the PBS Migrant Long residence application.

However in their effort to inflict misery on these people by taking away their section 3C rights, then refusing application under the immigration status requirement basis and Exception 1 basis.

Essentially, the only option that would be left for such people who had always abide by the rule will be to apply from overseas.

[saqee]

Many thanks this productive disscission.It is really helpful for me and other members.I have few questions if i do apply for FLR(FP)
1. Do i need to satisfy financial requirments of £18600 as they are desired for FLR(FM).
2. Do i need to show any maintinance fund .
3. What would be the duration of FLR(FP) inital visa.
Special thanks to vinny and Obie.

[saqee]

I did called home office today and they told that FLR(M) is the correct form to apply.They will hold it until my ILR get decided.

[Obie]

That use to be the case, but applications are been returned as invalid of late.

The people on the phone are simply telephonist, and don't do much real life handling with application.

But it is entirely up to you. You can send FLR(M) is you so wish.

[sslux]

Dear Obie, Vinny & Saquee
I’ve been read only member for this forum topic last couple of weeks and thanking you for the valuable advice. I ‘m in the same circumstances as Saqee, I’ve applied for ILR (10 yr) visa on 29th December 2014. My wife’s dependent visa (as PBS Tier 1) is valid until 22 April 2015 and she has been in UK as PBS dependent since March 2011. My elder kid born here completed just 3 years.
I’m wondering which form I should have used to apply for my wife visa extension in case my ILR (10yr) application is pending by April 2015.
I’m confused, someone suggest me to apply through FLR (O) - specify other reasons
From this forum I understand FLR (FP) but finally confused by Saqee’s suggestion of FLR(M) .
I really appreciate your valuable advice and guidance on this topic.
Many thanks

[vinny]

Invalid applications

34A. Subject to paragraph 34B, where an application for leave to remain does not meet the requirements of paragraph 34, it is invalid and will not be considered.

34B. (1) Where an application for permission to stay does not meet the requirements of paragraph 34 (1) to (9), or the validity requirements for the route under which they are applying, the Secretary of State may notify the applicant and give them one opportunity to correct the error(s) or omission(s) identified by the Secretary of State within the timescale specified in the notification.

(2) Where an applicant does not comply with the notification in paragraph 34B(1), or with the requirements in paragraph 34G(4), the application is invalid and will not be considered unless the Secretary of State exercises discretion to treat an invalid application as valid and the requirements of paragraph 34(3) and (5), or a requirement to pay a fee and provide biometrics has been met

(3) Notice of invalidity will be given in writing and served in accordance with Appendix SN of these Rules.

Caseworkers may now give the applicant an opportunity to switch before they declare an application as being invalid.

@Obie, applying for FLR(M) may be less dangerous?