Eligibility: ILR based on Long Residence and Continuation of Leave?

[SC001]

Hi Senior Members,

Your expert advice on the below 3 questions will really be appreciated. Thanks in advance.

My immigration history is as follows

1. Student (28/06/2009 - 30/08/2011), Date of Entry: 11/07/2009
2. PSW (02/11/2012 - 02/11/2014)
3. Student (25/11/2014 - 31/03/2017)
4. Student (07/02/2017 - 29/06/2021)

Could you please note the below explanation of 400 days difference (red highlighted) between the expiry date of Visa No. 1. (30/08/2011) and the start date of Visa No. 2. (02/11/2012).

• Inside UK student visa extension application: 29/08/2011.

• Inside UK fresh application for PSW while previous extension application awaiting decision: 15/03/2012.

• Received an email from Tier 4 Team (UKVI) asking whether to proceed with the student visa extension application or PSW application: 12/06/2012.

• Replied to consider PSW application: 13/06/2012.

• PSW visa was granted and student visa extension application fee was refunded: 02/11/2012.

Q1. Given the above gap explanation in bullet points did my Continuation of Leave remain unbroken? and

Q2. Based on the above when I will be eligible to apply for ILR based on Long Residence?

Q3. My wife joined me as my dependent on March 2014, what visa she needs to switch to and when?

Will really appreciate it if you could direct me to the relevant docs/links from the UKVI website. Many Thanks.

[zimba]

Q1. Given the above gap explanation in bullet points did my Continuation of Leave remain unbroken? and

It is intact as you had section 3c protection.

Q2. Based on the above when I will be eligible to apply for ILR based on Long Residence?

28 days from completing your 10 years (starting from the first date of entry to the UK)

Q3. My wife joined me as my dependent on March 2014, what visa she needs to switch to and when?

She should switch to the family visa FLR(M) route, ideally at the same time as your long residence application (but certainly before her visa expiry or any travelling outside the UK!)
This route has min salary and English language requirements !
Her 5 year ILR clock will reset to zero as she cannot get ILR under PBS route.

https://www.gov.uk/long-residence
https://www.gov.uk/uk-family-visa

[SC001]

Q1. Given the above gap explanation in bullet points did my Continuation of Leave remain unbroken? and

It is intact as you had section 3c protection.

Q2. Based on the above when I will be eligible to apply for ILR based on Long Residence?

28 days from completing your 10 years (starting from the first date of entry to the UK)

Q3. My wife joined me as my dependent on March 2014, what visa she needs to switch to and when?

She should switch to the family visa FLR(M) route, ideally at the same time as your long residence application (but certainly before her visa expiry or any travelling outside the UK!)
This route has min salary and English language requirements !
Her 5 year ILR clock will reset to zero as she cannot get ILR under PBS route.

https://www.gov.uk/long-residence
https://www.gov.uk/uk-family-visa

Thanks Senior Member Zimba for your reply.

Q4. I intend to apply for my wife asap as you suggested (by saying the word "ideally"). You advised my wife can apply "at the same time as my long residence application". Since Long Residence application does not allow us to apply under the same application, I am under the impression that as soon as I successfully get settled status then she can apply for flr(m) as then she can claim herself as a family member of a settled person. Am I right? or she can apply for flr(m) when I will be applying for my settled status (literally at the same time)?

Apologies in advance for the next question.

Q5. Regarding the English language requirements FLR(m), my wife recently took the below test.

The Link: https://www.trinitycollege.com/site/?id=3220 says

B1 SELT – GESE Grade 5
You must pass a Secure English Language Test (SELT) in at least CEFR level B1 in Speaking and Listening for:
Indefinite Leave to Remain (to settle) or British Citizenship
Trinity’s GESE Grade 5 exam = CEFR B1.

I know that thousands of times by several senior members repeatedly said that B1 is fine for flr(m), B1 is fine for flr(m), B1 is fine for flr(m) since it is greater grade than A1 and A2 which are the requirements for first (say, flr(m)-1) and second extension for flr(m) (say, flr(m)-2) respectively, completely makes sense.

Do you think the red highlights above are of any concern. Meaning, is B1 test literally only for ILR and British Citizenship as suggested in the Trinity college website (apologies, if I am linking something to somewhere totally irrelevant)? and do I need to strictly follow the UKVI requirement of A1 for flr(m)-1?

Q6. As you suggested "Her 5 year ILR clock will reset to zero as she cannot get ILR under PBS route." Suppose, if she switches to flr(m) and after two years (roughly say, Feb 2021) of her flr(m)-1 period, if she is eligible for ILR under long residence (10 years), can she apply for the latter? or she needs to extend one more time under flr(m)-2 and wait for 5 years to complete and then apply for settled status?

Apologies for the lengthy questions. Many thanks.

[zimba]

Q4. I intend to apply for my wife asap as you suggested (by saying the word "ideally"). You advised my wife can apply "at the same time as my long residence application". Since Long Residence application does not allow us to apply under the same application, I am under the impression that as soon as I successfully get settled status then she can apply for flr(m) as then she can claim herself as a family member of a settled person. Am I right? or she can apply for flr(m) when I will be applying for my settled status (literally at the same time)?

You can both apply separately but at the same time. She has to include a covering letter asking her application to be held until yours is processed.
However if there is no rush, you can get ILR and then apply for her FLR(M) later

Do you think the red highlights above are of any concern. Meaning, is B1 test literally only for ILR and British Citizenship as suggested in the Trinity college website (apologies, if I am linking something to somewhere totally irrelevant)? and do I need to strictly follow the UKVI requirement of A1 for flr(m)-1?

No concern. The English language requirements are set as minimums. Anything above that min level is accepted. B1 is required for ILR/citizenship however for entry clearance under family route A1 is the min and for a further extension that min is raised to A2. So if your wife manages a test at min B1 level, she has met the requirement for all stages of her immigration path forward.

Q6. As you suggested "Her 5 year ILR clock will reset to zero as she cannot get ILR under PBS route." Suppose, if she switches to flr(m) and after two years (roughly say, Feb 2021) of her flr(m)-1 period, if she is eligible for ILR under long residence (10 years), can she apply for the latter? or she needs to extend one more time under flr(m)-2 and wait for 5 years to complete and then apply for settled status?

Of Course she can apply under long residence anytime her 10 years is complete.

[SC001]

Q4. I intend to apply for my wife asap as you suggested (by saying the word "ideally"). You advised my wife can apply "at the same time as my long residence application". Since Long Residence application does not allow us to apply under the same application, I am under the impression that as soon as I successfully get settled status then she can apply for flr(m) as then she can claim herself as a family member of a settled person. Am I right? or she can apply for flr(m) when I will be applying for my settled status (literally at the same time)?

You can both apply separately but at the same time. She has to include a covering letter asking her application to be held until yours is processed.
However if there is no rush, you can get ILR and then apply for her FLR(M) later

Do you think the red highlights above are of any concern. Meaning, is B1 test literally only for ILR and British Citizenship as suggested in the Trinity college website (apologies, if I am linking something to somewhere totally irrelevant)? and do I need to strictly follow the UKVI requirement of A1 for flr(m)-1?

No concern. The English language requirements are set as minimums. Anything above that min level is accepted. B1 is required for ILR/citizenship however for entry clearance under family route A1 is the min and for a further extension that min is raised to A2. So if your wife manages a test at min B1 level, she has met the requirement for all stages of her immigration path forward.

Q6. As you suggested "Her 5 year ILR clock will reset to zero as she cannot get ILR under PBS route." Suppose, if she switches to flr(m) and after two years (roughly say, Feb 2021) of her flr(m)-1 period, if she is eligible for ILR under long residence (10 years), can she apply for the latter? or she needs to extend one more time under flr(m)-2 and wait for 5 years to complete and then apply for settled status?

Of Course she can apply under long residence anytime her 10 years is complete.

Hi Senior Member Zimba, A huge thanks for your precious time, lightening fast and precise answers. Really appreciate it.

[SC001]

Q4. I intend to apply for my wife asap as you suggested (by saying the word "ideally"). You advised my wife can apply "at the same time as my long residence application". Since Long Residence application does not allow us to apply under the same application, I am under the impression that as soon as I successfully get settled status then she can apply for flr(m) as then she can claim herself as a family member of a settled person. Am I right? or she can apply for flr(m) when I will be applying for my settled status (literally at the same time)?

You can both apply separately but at the same time. She has to include a covering letter asking her application to be held until yours is processed.
However if there is no rush, you can get ILR and then apply for her FLR(M) later

Do you think the red highlights above are of any concern. Meaning, is B1 test literally only for ILR and British Citizenship as suggested in the Trinity college website (apologies, if I am linking something to somewhere totally irrelevant)? and do I need to strictly follow the UKVI requirement of A1 for flr(m)-1?

No concern. The English language requirements are set as minimums. Anything above that min level is accepted. B1 is required for ILR/citizenship however for entry clearance under family route A1 is the min and for a further extension that min is raised to A2. So if your wife manages a test at min B1 level, she has met the requirement for all stages of her immigration path forward.

Q6. As you suggested "Her 5 year ILR clock will reset to zero as she cannot get ILR under PBS route." Suppose, if she switches to flr(m) and after two years (roughly say, Feb 2021) of her flr(m)-1 period, if she is eligible for ILR under long residence (10 years), can she apply for the latter? or she needs to extend one more time under flr(m)-2 and wait for 5 years to complete and then apply for settled status?

Of Course she can apply under long residence anytime her 10 years is complete.

Hi Senior Members,

Will really appreciate your valuable insights. Thanks in advance.

I am a PhD student and as mentioned earlier, I am on a student visa expires 2021, so as my dependent's (wife) visa. You advised my wife needs to switch her visa to flr(m). My question is regarding the income threshold of my wife's flr(m). As I am a full time PhD student and it is a intensive course, I could not work much. But my wife got a full time job 7 months ago and earn £20550 per year.

Q7. In the light of the above, given I am a full time student and I don't have a stable income (in some months no income at all, because of the study pressure), will it be enough to show my wife's income alone to meet the minimum income threshold?

According to UKVI website, you and your partner must have a combined income of at least £18,600 a year (i.e £0 (you) + £18600 (your partner) or vice versa or any other combination). My wife is applying as a dependent of a settled person which implies that I am the one who will be sponsoring her. Therefore, one could argue that in flr(m) application, primary applicant (i.e. settled person in this case) needs to be the dominant contributor to meet the minimum income requirement.

Q8. Considering the above, in a ideal flr(m) application, either (i) it should be only Primary applicant's income or (ii) if one choose to use combined income, primary applicant's income should always be higher than his/her dependent. Is this the case even if primary applicant did not get chance because of study pressure or visa type or both?

Many thanks.

[CR001]

You can use your wife's income to meet the financial requirement for flrml m.

[SC001]

You can use your wife's income to meet the financial requirement for flrml m.

You meant my wife's income alone should suffice? Apologies if I am repeating myself.

[CR001]

You can use your wife's income to meet the financial requirement for flrml m.

You meant my wife's income alone should suffice? Apologies if I am repeating myself.

Yes, if it meets the required level.

[SC001]

You can use your wife's income to meet the financial requirement for flrml m.

You meant my wife's income alone should suffice? Apologies if I am repeating myself.

Yes, if it meets the required level.

Many thanks CR001 for your valuable insights.