Completed five years as spouse of long residence applicant

[imraheel456]

Hi.
On the basis of long residence 10 years, I got indefinite visa starting from 8 April 2014. I applied for indefinite visa on 20th Jan 2014. My last visa (before indefinite) was tier 1 general.
In Oct 2015, I got British citizenship and British passport. Our two kids also received the British passport in August 2014 as both were born in UK.
As my dependent, my wife has been living with me in UK since December 2010. In December 2010, she firstly came in UK on the dependent visa of tier 1 post study work. In September 2011, she moved onto the tier 1 general dependent visa. After receiving my indefinite visa in April 2014, I applied spouse visa for her on flr(m) form in May 2014. In the same month of May 2014, she got the spouse flr(m) visa of two and half years. She is currently on this spouse flr(m) visa.
In Dec 2015, she has completed five years of living in UK as my dependant. Considering her visa history, can she apply for indefinite visa now as she has completed her five years of living in UK as my dependant?
Either your answer is yes or no, please explain it in details. I have different different opinions.
Best regards,
Raheel

[CR001]

No, she doesn't qualify for ILR yet. She needs 5 years on FLR(M) before she will qualify on Set(M) for ILR.

Her clock towards ILR was reset to zero when she switched to FLR(M) in May 2014 and she had to switch because you got ILR based on long residence.

The rules for dependents of long residence ILR applicants changed in April 2014 and transitional provisions that were in place were removed. See CHANGES 6th April 2014

She would have qualified for ILR with you if you had applied for ILR based on Tier 1 G with 5 years residence.

[imraheel456]

Many thanks for your help and reply.

Dear I met couple of immigration consultants. They advised me that considering my wife's visas history, her clock towards the indefinite had been started from the date she moved into tier1 general dependant visa that is sep 2011. According to them, it does not matter whether I got indefinite on ten years long residence basis.

The reason they said was that tier1 general visa leads to indefinite visa naturally. That's why the time period spent on tier1 genral visa and flr(m) spouse visa can be added together to make five years required for wife's indefinite visa even though I got indefinite visa on ten years long residence basis.

Please read my first message in this thread or post again in which I have explained my family visas history. Then please reply me back whatever I have explained above about immigration consultants advises.

Thanks and regards.

[CR001]

The rules for dependents of long residence ILR applicants changed in April 2014 and transitional provisions that were in place were removed. See CHANGES 6th April 2014 (Click)

Unfortunately, you have been ill advised by your 'immigration advisors'. Click on the link above I already provided. The rules for PBS Dependents changed in April 2014 which means there is no transitional arrangement any longer and she needs 5 years on FLR(M) as when she switched, it reset her clock. This is only because applied for ILR based on long residence and NOT through Tier 1 General.

By all means, if you believe your 'immigration advisors', apply and pay the substantial fee, but her application will likely be refused and you will lose the fee.

I certainly don't need to read your first post again, it is simple :

You - applied ILR 10 years long residence and approved in April 2014
Spouse - Applied FLR(M) May 2014 AFTER the rule changes in my link above which means she is on a NEW 5 year route (2 X 2.5 year FLR(M)) and cannot use the Tier 1 G dependent time towards this 5 years.

[Obie]

The last advise from the moderator is correct. The so called advisers your consulted are clearly wrong.

The contributor gave you proper and legally sound reason as to why your wife will not qualify until May 2019.


If you want to pay for ILR, you are welcome to do so.. But it will be wasted money.

[imraheel456]

Dear moderator.

Many many thanks for your reply and advice.

The link you write in your second last email isn't very clear for me. I mean I can't understand whatever is written in that.

Can you please advise me where does it say that rules changed for ten years dependant ilr? Please advise me the official home office website about this rule? So that I can show this rule to my solicitor with the reference from official home office website.

Best regards.

[vinny]

There are no provisions to amalgamate leave under a different category in E-ILRP.1.3. So, their qualifying period (under FLR(M)) for SET(M) may be reset.

Some may have been lucky. Let us know what you decide and how you get on.

[imraheel456]

Thanks vinny for your reply and advice.

You provided me the link of mrimmy user's posts in your last message. I read his/her posts about the grant of ilr to two dependants and they had the same cases like my case.

I am very surprised about their ilr.
As home office had changed rules in apr 2014. Can you please advise me that under what rules, home office granted ilr to those two person's dependants? I think there must be some sort of rule and how come home office granted ilr to them?
Can someone advise me?

[CR001]

Thanks vinny for your reply and advice.

You provided me the link of mrimmy user's posts in your last message. I read his/her posts about the grant of ilr to two dependants and they had the same cases like my case.

I am very surprised about their ilr.
As home office had changed rules in apr 2014. Can you please advise me that under what rules, home office granted ilr to those two person's dependants? I think there must be some sort of rule and how come home office granted ilr to them?
Can someone advise me?

As vinny has said, they were lucky. Others have not been lucky. There isn't a 'rule'. We don't work for Home Office so couldn't tell you why these particular dependents got ILR. You also need to remember that each case is judged individually, the poster in the link vinny provided might not have posted the full case details on immigration boards.

[imraheel456]

Thanks moderator cr001 for your reply and advice.

Can you please advise me that do I need to full fill the requirements of 18600 pounds a year salary for the extension of my wife's flr(m) visa in nov 2016?
If yes, what about if I can't full fill 18600 income requirements?

Below is the summary of my case:
Myself - applied ILR 10 years long residence and approved in April 2014
Wife - Applied FLR(M) May 2014 AFTER the rule changes in my link above which means she is on a NEW 5 year route (2 X 2.5 year FLR(M)) and cannot use the Tier 1 G dependent time towards this 5 years.

[CR001]

Yes, you need to meet all the same requirements again for FLR(M). If your spouse works, joint income can be used.

[imraheel456]

Thanks moderator cr001 for your reply and advice.

I read the documents you advised me.

Unfortunately, I cannot meet the requirements of 18600 income threshold.
Can you please advise me that what can I do? My wife's current flr(M) visa is expiring on nov 2016.



Regards,

[Wanderer]

Thanks moderator cr001 for your reply and advice.

I read the documents you advised me.

Unfortunately, I cannot meet the requirements of 18600 income threshold.
Can you please advise me that what can I do? My wife's current flr(M) visa is expiring on nov 2016.



Regards,

Well you've got a fair amount of time to meet the requirements, you need to do what is necessary - I think the alternative is FLR(FP) and a 10 year route.....

[vinny]

How did you meet the requirements the first time round?

[imraheel456]

Hi

Thanks for your reply.

It was about two years ago. I had a good job. But now I am on part time job. What should I do? Regards.

[imraheel456]

Please advise me what are the requirements of alternative flr(fp) rules?

[CR001]

Get a full time job. Get your spouse to get a job.

[imraheel456]

I am trying to get full time. My wife can't work because of language barrier and family engagements.
Please advise me the requirements for flr(fp) visa? You know that my wife is currently on the flr(m) visa of two and half years.

[Wanderer]

I am trying to get full time. My wife can't work because of language barrier and family engagements.
Please advise me the requirements for flr(fp) visa? You know that my wife is currently on the flr(m) visa of two and half years.

She'll need to pass an English test anyway, surely she can work then?

[imraheel456]

She passed English test in April 2014 when she applied for first flrm visa.In may 2014 she got two and half years flrm visa.
Does she need to pass english test again when she will apply for flrm visa extension in nov 2016? Can anyone please advise me?

[fasdone]

Hey Guys,

Very informative, my situation is similar wife is on Tier 1 G extension , kids have British Pass and my self on ILR on long residence.

My question is My wife will be completing her 5 years at the end of this year, can she not apply for ILR ?

And what happens if main applicant dies or they are not together any more(divorced).

Many Thanks

[CR001]

Hey Guys,

Very informative, my situation is similar wife is on Tier 1 G extension , kids have British Pass and my self on ILR on long residence.

My question is My wife will be completing her 5 years at the end of this year, can she not apply for ILR ? No, she cannot. She needs to apply to switch to FLR(M).

And what happens if main applicant dies or they are not together any more(divorced). If you get divorced, she will have to apply for any other visa she qualifies for, i.e. based on children perhaps. Same if you die.

Many Thanks

[fasdone]

Hey Guys,

Very informative, my situation is similar wife is on Tier 1 G extension , kids have British Pass and my self on ILR on long residence.

My question is My wife will be completing her 5 years at the end of this year, can she not apply for ILR ? No, she cannot. She needs to apply to switch to FLR(M).

And what happens if main applicant dies or they are not together any more(divorced). If you get divorced, she will have to apply for any other visa she qualifies for, i.e. based on children perhaps. Same if you die.

Many Thanks

Thanks buddy,

There is a major issue of lack or knowledge / ignorance to these so called immigration lawyers / specialist.
They are all advising me otherwise.
Just imagine how many people are misguided and becoming part of home office money making system (wasted fees).

[CR001]

Hey Guys,

Very informative, my situation is similar wife is on Tier 1 G extension , kids have British Pass and my self on ILR on long residence.

My question is My wife will be completing her 5 years at the end of this year, can she not apply for ILR ? No, she cannot. She needs to apply to switch to FLR(M).

And what happens if main applicant dies or they are not together any more(divorced). If you get divorced, she will have to apply for any other visa she qualifies for, i.e. based on children perhaps. Same if you die.

Many Thanks

Thanks buddy,

There is a major issue of lack or knowledge / ignorance to these so called immigration lawyers / specialist. Yes, there is.
They are all advising me otherwise. They are clearly wrong.
Just imagine how many people are misguided and becoming part of home office money making system (wasted fees). Information is freely available on HO website. Suspect it is the solicitors trying to make money out of unsuspecting migrants, not necessarily HO.

[fasdone]

Agreed