ILR and ILR DEPENDENT

[Fyslkash]

I came to this country in September 2007 as a student, extended my student visa then to PSW and then again to student visa.

My girlfriend was granted a UK visa in July 2009 as a child student visa (age of 16), and we got married in the UK in 2013. She applied as my dependent from back home in 2014 and switched from student to my dependent in June 2014. In between she didn't break her stay in the UK. She switched while she had her student visa.

In 2016 I have applied for Tier 2 and tier 2 dependent but unfortunately my company's license has been suspended hence our tier 2 was refused. Then we both applied for FLR (O) and still haven't had any response.

My question is when I apply for my ILR in coming August, what will be my wife's case and what will be she applying on? Her 10years will be in 2019 as she entered UK in 2009.

Thank you in advance.

[CR001]

She must switch to FLR (M) and meet all the requirements.

I would be very surprised if your FLR(O) application is draggedesigned out till you reach ILR qualifying time.

[Fyslkash]

Thanks for your reply.

If she applies for FLR (M) her visa validity from 2009 will be zero? She will be starting again fresh from when ever she gets FLR (M) ?

Even I would be surprised by myself if i can drag till my 10years. Otherwise I will have to find other ways to apply.

[CR001]

Not for her ILR based on 10 years residence. The clock only resets to zero for ILR based on 5 years residence.

[Fyslkash]

For FLR (M) do I need to show any work, payslips or maintenance for her?
Also if I am lucky enough to drag it till August, will she be applying for FLR (M) at the same time I apply for ILR? Or she needs to apply after my ILR?
Thank you.

[CR001]

For FLR (M) do I need to show any work, payslips or maintenance for her? 6 months payslips and corresponding bank statements to prove you meet the financial requirement of £18,600pa. No maintenance requirement. She needs English A2 test.

Also if I am lucky enough to drag it till August, will she be applying for FLR (M) at the same time I apply for ILR? Or she needs to apply after my ILR? Either.
Thank you.

[Fyslkash]

Suppose if i don't work and cant show 6months payslips. In that case what would be the option for her?

[CR001]

FLR(FP) 10 year partner route visa (4 x 2.5 year visa route).

Does she work??

[Fyslkash]

No she doesnt work. And i am not allowed to work hence I cant show 6months payslip and bank statement.

[CR001]

Then FLR(FP) partner route as advised is the only option. What was the timeframe between Tier 2 refusal and FLR(O) submission?

How are you financially supporting yourselves if neither of you are working?

[Fyslkash]

Within the time frame home office gave us after the tier 2 refusal which was i think 3months.

We are financially getting help by our families.

[CR001]

Within the time frame home office gave us after the tier 2 refusal which was i think 3months.

We are financially getting help by our families.

HO would not give 3 months to submit an application. It used to be 28 days, but is now only 14 days. If your FLR(O) is refused, you will be an overstayer from the date of the Tier 2 G refusal.

What date did you submit FLR(O)?

What date was tier 2 refused?

[Fyslkash]

Sorry it was 28days.
3months was the time took for decision.
Applied for flr (O) in August 1st week.