Dependant of Tier4 Student switching to ILR(LR)

[shane2711]

Re: ILR - PBS Dep - FLR(M) Route Update
Postby shane2711 » Wed Dec 21, 2016 2:50 pm

Dear Moderators,

We will be very grateful if one of the Senior moderators could kindly advise us on our situation described below as follows:

Ques1: Can I apply together with my wife for ILR (LR) when she qualifies in Feb 2016?

Ques2: If yes, which form should I use?

Ques3: If no, what would be the best way to apply together; as I believe that once my wife switches to ILR(LR), I will also have to switch with her?

Ques4: As my PBS(DEP) permit expires in Feb 2019 and I will qualify for ILR(LR) in June 2017, will I be able to continue with my PBS Dep. permit till June 17; whereby I can apply for ILR(LR) on my own merit?

Ques5: I also understand that an FLR(M) application will disqualify my 10 years continuous residence (as a dependant) and I will have to start off again as a dependent of a settled person through the 5 years route?

Ques6: What are the best options for me and my wife, as we really want to apply for her ILR(LR) in Feb17?

Ques7: As my wife was in Tier4 permit throughout, she did not work and I have been the earning member; just in case we go the FLR(m) route, will my current earnings (£31k pa), be useful to meet the financial requirements?



Our Case

Main applicant (my wife - have been on student visa throughout, except for the 2 years PSW period between 2010 and 2012)

* Student Visa issued: 07-feb-07 (07-feb-07 till 30-sep-08)
* Entered UK on 24-feb-07
* Limited leave to remain FLR(s) - 27-aug-08 till 30-jun-09
* Tier4 gen Student leave to remain (PBS) - 10-jun-09 till 31-oct-10
* Tier1 PSW (PBS) (applied 30-jun-10) - 15-jul10 till 15-jul-12
* Tier4 gen Student leave to remain (PBS) (applied 04-may-12) - 17-may-12 till 17-sep-13
* Tier4 gen Student leave to remain (PBS) (applied 11-sep-13) - 02-oct-13 till 03-feb-19



My status (dependent to student throughout my stay in the UK):

* 1st Student dependent visa issued: 04-may-07 (04/may/07 till 30/9/08)
* Entered UK on 29-jun-07
* FLR(s) - limited leave to remain - 27-aug-08 till 30-jun-09
* Dependent partner leave to remain - PBS(Dep) 10-jun-09 till 31-oct-10
* Tier1 dependent partner - PBS Tier1 Dep (PSW) 17-jul-10 till 15-jul-12
* PBS(Dep) leave to remain - (form 04/2012 ver.) 17-may-12 till 17-sep-13
* PBS(Dep) leave to remain - (applied 11/sep/13) 02-oct-13 till 03-feb-19

My kindest regards,
Shane

[CR001]

Ques1: Can I apply together with my wife for ILR (LR) when she qualifies in Feb 2016?

No. Set(LR) DOES NOT permit dependents to apply with main ILR applicant.

Ques2: If yes, which form should I use?

See #1 answer

Ques3: If no, what would be the best way to apply together; as I believe that once my wife switches to ILR(LR), I will also have to switch with her?

You should ideally apply for FLR(M) if you meet the financial requirements or FLR(FP) if you don't meet them.

Ques4: As my PBS(DEP) permit expires in Feb 2019 and I will qualify for ILR(LR) in June 2017, will I be able to continue with my PBS Dep. permit till June 17; whereby I can apply for ILR(LR) on my own merit?

You can continue on your existing visa and apply for ILR LR on SET(LR) on 2nd June 2017, provided you have no plans to travel outside the UK.

Ques5: I also understand that an FLR(M) application will disqualify my 10 years continuous residence (as a dependant) and I will have to start off again as a dependent of a settled person through the 5 years route?

Nonsense!! No it won't. Who told you it will disqualify you from 10 years ILR?

Ques6: What are the best options for me and my wife, as we really want to apply for her ILR(LR) in Feb17?

Stick it out in the UK till June.

Ques7: As my wife was in Tier4 permit throughout, she did not work and I have been the earning member; just in case we go the FLR(m) route, will my current earnings (£31k pa), be useful to meet the financial requirements?

Either of your incomes would suffice for FLR(M).

PS - no need to post your question in multiple topics. Once is enough.

[shane2711]

Dear Char,

Please accept my apologies for the duplicate posting and thank you for your prompt advice/responses.
Kindly bear with me If I may repeat some questions again; I want to be very clear on some questions I had/have in mind.

Ref Ques4 and your Response; kindly confirm if I understand your advice correctly as follows:


* My wife can apply for ILR(LR) on her own on 30-Jan-17 (PEO Croydon) and considering all goes well, she will receive her ILR on 30-Jan-17 (she entered the UK on 24-Feb-07)

* I cannot apply through FLR(M) or any other route along-with my Wife's ILR(LR) application; my application which could be FLR(M) or (FP) or ILR(LR) must be separate from my Wife's ILR(LR) application and I could apply anytime till my current PBS Dependant leave expires, subject to the condition that I do not leave the UK during this period and before my current leave expires

* My status remains as PBS Dependant even after my wife switches from her Tier4 to ILR permit; I can keep on working and living on the same visa conditions, provided I do not leave the UK during this period, i.e. till 02-Jun-17 when I will apply for my own ILR(LR).

Thanking you for your kind and prompt advice.

My sincere regards,
Shane

Ques4: As my PBS(DEP) permit expires in Feb 2019 and I will qualify for ILR(LR) in June 2017, will I be able to continue with my PBS Dep. permit till June 17; whereby I can apply for ILR(LR) on my own merit?

You can continue on your existing visa and apply for ILR LR on SET(LR) on 2nd June 2017, provided you have no plans to travel outside the UK.

PS - no need to post your question in multiple topics. Once is enough.[/quote]

[CR001]

You can apply on FLR(M) with your spouse as a separate appointment. However, why would you do that and pay £1195 visa fee PLUS £500 immigration health surcharge when you can apply for your own ILR LR beginning of June.

[shane2711]

Dear Char,

Thank you once again for your prompt response.
Yes you are correct, it really does not make sense for me to apply for FLR(M) separately and pay unnecessary extra fees.

Therefore:

* My Wife can apply for her ILR(LR) in Feb17

* I will not apply for FLR(M) and will carry on with my current PBS Dependant permit till Jun17; and apply for my own ILR(LR) in Jun17 - I will not travel out of the UK till Jun17 and/or till I receive my BRP card

Thank you very much Char.

My kind regards,
Shane

[CR001]

You're welcome and good luck.

Post again if you have any further questions.

[shane2711]

Dear Char,

Thank you for your earlier prompt help - very appreciated.

I have another question with regard to the 28 days rule.

* Does this apply on the basis of the Visa issue date, or the Entry in the UK date?

You did mention that I will be able to make my ILR application on 02-Jun-17 based on my "entry in the UK". So I believe the 28 days rule applies to the "Entry date in the UK" and not the Visa issued date. My visa was issued on 04-May-2007.

On that note, my Wife's 1st Visa was issued on 07-Feb-07; she entered the UK on 24-Feb-07.


My best regards,
Shane

[CR001]

For ILR based on long residence, the start of the qualifying period is calculated on the date of ENTRY to the UK.

Your wife can apply anytime WITHIN 28 days before 24th Feb.

You can apply anytime WITHIN 28 days before 29th June.

[shane2711]

Dear Char,

Amazing - your help was not only prompt but very precise throughout our discussion.
Thank you very much for all your help and advice.

Please accept our very best wishes for Christmas and 2017.
Shane

[CR001]

You are welcome Shane, always happy to help if I can.

Season greetings to you and your family too and prosperous 2017.

[shane2711]

Dear Char,

Just wanted to inform you that my Wife's ILR (LR) application was processed at PEO Croydon on 6th Feb, Monday and we received the BRP card yesterday/9th Feb.

We are very grateful for your kind advice on this matter Char.

Just one final question; my apologies if it sounds like a repetition Char.

* My Wife has advised her University that she does not need the CAS sponsorship for Tier4 anymore; and have been advised by the Univ. that her CAS sponsorship will be withdrawn

* The Univ. has also advised that the CAS withdrawal will mean that my Wife and any dependent will have to leave the UK based on the CAS sponsorship.

My Question (s):

* Will this CAS withdrawal affect my Dependent Visa (valid till 03/02/2019)?
* Is my Wife's CAS sponsorship attached to my Dependent VISA? and if so, will it affect my current leave to remain status in the UK
** I understand that this will only be an issue if I leave the UK; I do not plan to leave the UK till the end of this Year - nonetheless, I am going to file my ILR (LR) in a few months, during June 2017.

Awaiting your kind advice Char.

My kindest regards,
Shane

[CR001]

* Will this CAS withdrawal affect my Dependent Visa (valid till 03/02/2019)?

Possibly yes. You need to switch to FLR(M).

* Is my Wife's CAS sponsorship attached to my Dependent VISA? and if so, will it affect my current leave to remain status in the UK

Your status is directly dependent on your wife's status and she is no longer sponsored by Tier 4 sponsor.

** I understand that this will only be an issue if I leave the UK; I do not plan to leave the UK till the end of this Year - nonetheless, I am going to file my ILR (LR) in a few months, during June 2017.

Possible that you will be issued with a curtailment letter, which can take a while to be sent out. Hopefully you can stretch it till 1st June to apply for ILR.

[shane2711]

Dear Char,

Thank you for your quick response - very appreciated.

* Should I wait for the curtailment letter before I file for FLR (M)?

* Will it be possible for you advise an approximate time frame such curtailment letters?

* Does this curtailment letter give a "leave the UK or apply for FLR" time-window; I mean the 60 days leverage?

* I am a bit confused with the FLR (M) fees. is it £811 + £200 IHS per year by post; and since I will have my ILR (LR) sorted soon, I hope to pay only 1 year's IHS fees? please correct me if I am wrong.

** I would love to stretch this till June17, it will be a great fund saver; however I am a bit worried just in case my delayed FLR (M) affects my profile at the Home-Office for future applications {ILR (LR)}.

* Since I will apply on the postal mode, is there a chance that my application gets delayed for months (till June17) and then I can write to H-O for replacing/considering my ILR (LR) application instead of my FLR (M)? In that case do you reckon I should wait for the curtailment letter (hopefully with the 60 days leverage) which could help me to stretch this matter beyond June and save on the visa fees.

My warm regards,
Shane

[shane2711]

Dear Advice Team,

I will be very grateful if someone could advise.

Also do I need to apply on the FLR (M) form? as advised my Char earlier - the FLR(M) form clearly mentions only to apply if I am taking the 2 or 5 years route. As I will qualify for ILR (LR) on 2nd Jun 2017, I am not sure if the FLR (M) form is correct for me to apply. The Gov.uk site advises: For all other applications (partner -10yrs route) etc. the gov.uk site advises to use the FLR (FP) form. I am really confused.

I will appreciate your help.

My regards,
Shane

------------------------------------------

Our Case

Main applicant (my wife - have been on student visa throughout, except for the 2 years PSW period between 2010 and 2012)

* Student Visa issued: 07-feb-07 (07-feb-07 till 30-sep-08)
* Entered UK on 24-feb-07
* Limited leave to remain FLR(s) - 27-aug-08 till 30-jun-09
* Tier4 gen Student leave to remain (PBS) - 10-jun-09 till 31-oct-10
* Tier1 PSW (PBS) (applied 30-jun-10) - 15-jul10 till 15-jul-12
* Tier4 gen Student leave to remain (PBS) (applied 04-may-12) - 17-may-12 till 17-sep-13
* Tier4 gen Student leave to remain (PBS) (applied 11-sep-13) - 02-oct-13 till 03-feb-19
* My Wife has just been given an ILR (LR) on 6th Feb 2017 (my status is still Dependant on my Wife's earlier Tier4)



My status (dependent to student throughout my stay in the UK):

* 1st Student dependent visa issued: 04-may-07 (04/may/07 till 30/9/08)
* Entered UK on 29-jun-07
* FLR(s) - limited leave to remain - 27-aug-08 till 30-jun-09
* Dependent partner leave to remain - PBS(Dep) 10-jun-09 till 31-oct-10
* Tier1 dependent partner - PBS Tier1 Dep (PSW) 17-jul-10 till 15-jul-12
* PBS(Dep) leave to remain - (form 04/2012 ver.) 17-may-12 till 17-sep-13
* PBS(Dep) leave to remain - (applied 11/sep/13) 02-oct-13 till 03-feb-19
* Since my Wife is no longer on Tier4; and have been issued an ILR (LR) on 6th Feb 2017, I believe I have to apply for FLR (M) or (FP); I will qualify for ILR (LR) on 2nd Jun 2017; I am confused as the FLR(M) guidance notes state that it should only be completed for 2years and 5 years route applications.