Please help with changing immigration category

lslsls · Post by **lslsls** » Thu Mar 03, 2011 3:49 pm

Im currently on Work Permit Depentant Visa which expire on 29th Aug 2012 and my husband (the sponsor) is going to apply for 10 yr long residence ILR in April. Do I have to apply for a spouse visa (FLR(M)) right after his ILR been granted or I can wait until my current visa runs out?

My first entry to the country was on 27th Sep 2002. I will be able to apply for 10yr long residence ILR for myself next Aug. I am not quite sure if the earliest date I can post my application is 30th Aug or 31st Aug. But there will be a 1 or 2 days gap in either case. Is it possible for me to wait til Aug 2012 to apply for ILR? Is this 1 or 2-day-gap will be a problem?

Any opinions/advices are appreciated!

jms_uk · Post by **jms_uk** » Thu Mar 03, 2011 4:24 pm

lslsls wrote: I am not quite sure if the earliest date I can post my application is 30th Aug or 31st Aug. But there will be a 1 or 2 days gap in either case. Is it possible for me to wait til Aug 2012 to apply for ILR? Is this 1 or 2-day-gap will be a problem?

Any opinions/advices are appreciated!

As I understand, you should be able to apply 28 days before qualifying period. So in your case, early August, which will be before your current leave expires.

Post by **geriatrix** » Thu Mar 03, 2011 5:25 pm

Preferably switch to FLR(M) after your spouse is granted ILR. Or before travelling abroad (if there are any plans to do so before Aug. 2012).

You cannot apply for settlement any earlier than 28 days before the 10th anniversary of your legal stay in UK (if applying under long residence category). If your current leave expires before you become eligible to apply for settlement, you must apply for extension before the leave expires. However, if they haven't decided by the time you are eligible for ILR, then you may vary your application to ILR.

regards

lslsls · Post by **lslsls** » Mon Mar 07, 2011 3:53 pm

thanks!

lslsls · Post by **lslsls** » Mon Mar 07, 2011 4:17 pm

sushdmehta wrote:Preferably switch to FLR(M) after your spouse is granted ILR. Or before travelling abroad (if there are any plans to do so before Aug. 2012).

You cannot apply for settlement any earlier than 28 days before the 10th anniversary of your legal stay in UK (if applying under long residence category). If your current leave expires before you become eligible to apply for settlement, you must apply for extension before the leave expires. However, if they haven't decided by the time you are eligible for ILR, then you may vary your application to ILR.

regards

thank you very much sushdmehta.

Please correct me if I've got it wrong:

Does it mean

1) I don't need to apply for FLR(M) right after my husband's granted ILR?

2)As long as I don't travel broad, I can wait until, say 25th,26th Aug 2012 to post an FLR(M) application to HO. It unlikely to get it approved by 30th Aug, which is the earliest (is it?) date I can apply for ILR under long residence category?

3)So I just need to wait to 30th Aug 2012 to send a freash application for ILR?

4)and because it is within 7 days after I made my FLR(M) application, I can ask for a refund of the FLR(M) application fee?

Thanks in anticipation

Post by **geriatrix** » Tue Mar 08, 2011 9:39 am

Best that you check with UKBA directly as to when (how soon or late) you must switch to FLR(M).

regards

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Please help with changing immigration category

Please help with changing immigration category

Re: Please help with changing immigration category