FLR(M)

[salwad]

Hi Guys,

I was looking for some immigration information and came across this forum, I found it very useful and informative. lots of people sharing their real experiences. I will appreciate if someone could help me to find out about FLR(M) process about my spouse.

I am apply for ILR on 10 years (LR) which is straight forward, but I am wondering about that spouse visa.

My wife came here to UK in DEC 2010 as my PSW dependent. she has been with me since. currently She is on Tier 1 General Dependent.

So if I get ILR on 10 years basis, Can she applied for her ILR on she has to wait 2years or fives years . I am confused with the transitional arrangement rules of July 2012.

Has anyone had this same situation and anybody know please post your expert knowledge, We will be great full.


Thanks in Advance........

[CR001]

If you obtain your ILR on 10 years long residence basis, she will have to switch to FLR(M) and wait another 5 years before she will qualify for ILR. She will lose the time she has already spent here and won't be able to count the time towards the new 5 year requirements (unless she meets 10 years residence). She will need to pay the IHS Surcharge of £500 on top of the visa fee for FLR(M).

If you apply for ILR based on Tier 1 G, she is eligible to apply with you provided she meets the standard requirements.

[salwad]

Hi CR001,

Your reply appreciated, She has first arrived in UK in 2010 December, Can she not qualify for the rules placed July 2012.
Please let me know. some people saying she can go through 2 years route on FLR M.

Thanks

[geriatrix]

Because you are not applying for settlement under PBS route, the fact that she's been a PBS dependant since 2010 is irrelevant under the current rules.

Any dependant (of a migrant who is granted ILR under 10 year route) switching to FLR(M) on or after 6-Apr-2014 is subject to Appendix FM of the immigration rules (where in the residence requirement for settlement is 5 years as a dependant of a settled person).

[salwad]

Thanks Sushdmehta.. very helpful