ILR eligibility

[Sanhadi]

i came to uk innov 2008 as tier1 dependent n left uk in april2010...n stayed at my country for 1yr...then came back to uk ain april 2011..my usband applied for ILR in aug..but i didnt get as they said i havent completed my 2yrs so i will be eligibile after 3 months..now after 5 months we tried to apply for ILR n now they are saying i m not eligibile for ILR as mY Husband has an ILR..so i m eligible for FLR..now will i be eligibile for ilr after 2 yrs??totally onfused of 2 yrs reqquirement...can ne body guide...i h already spent more than 2yrs as a dependant in uk ...can nebody guide me in this regard dat wat to do?

[Obie]

After 2 year on FLR (M) you will qualify. Husband shoud have waited until you clicked 2 years before applying, provided of course he had an existing leave, and there was no possibility of rules change then.

requirement of 319E (b) seem not to have been met then. Therefore refusal seems correct then.

[Sanhadi]

http://www.uk-wp.com/2011/07/08/ukba-co ... /......can u plz check this website n guide me accordingly...thanks

[vinny]

I think that you may apply for SET(M) (287(a)(i)(d)) immediately after grant of FLR(M).

[Sanhadi]

can u plz guide me for legal advice which immigration lawyer should i contact?....do u have ne idea if there is ne restriction to work as a training doctor on FLR visa nowadayys?

[Obie]

I think that you may apply for SET(M) (287(a)(i)(d)) immediately after grant of FLR(M).

Vinny, i was minded of that provision, but as OP left UK for a period of 1 year between 2010 April and then returned to the UK in April 2011, it cannot be said she lived in the UK with her spouse for a continuous period of two years as a dependent of a PBS migrant who is now a Settled person.

In my view, she will not qualify to apply for ILR until April 2013.

Use form FLR(M)

There are restriction on practice for spouses of PBS migrant workers, but spouse of settled person are exempted.

You nevertheless need to pass the english language test or life in the UK test.

[Sanhadi]

one more thing the person in the visa office said....u will be eligible for ILR in april 2013...so they r not considering my 1n a half r already spent in the uk as a tier1 dependant...wat should i do?arrange any solicitor ??

[babysofea]

Hi, Can someone advice please.

My situation is:
1. First came to UK as student dependent/spouse in October 2002. Visa valid until December 2007.
2. In January 2007, received WP but had to go back to home country to switch catergory. When home and seek entry clearance, granted 22nd March 2007 until 22nd December 2009. Arrive back in UK, on the 27th March 2007.
3. Apply extension, but had to change to Tier 2 (Senior Care Worker) in Dec 2009 and received extension Tier 2 until 22nd Dec 2011.
4. Apply extension Tier 2, attended biometric and recently granted FLR until 22nd August 2013.

Thank you for your kind cooperation.

Me and my husband has both pass our LIUK test today and booked for PEO for 1st March 2012.
However, I can only get single peo appointment and I need my passport to travel for work on 15th March 2012.
Would I be able to apply my husband & children through post (after 1st March, pending that I do get ILR). Would he be able to apply using Set (M)?
Really would help some advice please ... please... please.....

[Greenie]

Assuming that your husband has lived with you as your spouse for at least two years, and that you are applying for ILR as a tier 2 migrant, your husband would need to apply for ILR at the same time as you. If you apply for ILR first without your husband he would not be able to apply on form SET(M) without first applying for further leave to remain on Form FLR(M).

[babysofea]

Thank youuuuu soo much Greenie
Wowww... that means everyone is going to have to apply at PEO as I need my passport. *Gulp ... thats gonna cost a LOT!!

Thanks anyway... really appreciate your advice!

[vinny]

Vinny, i was minded of that provision, but as OP left UK for a period of 1 year between 2010 April and then returned to the UK in April 2011, it cannot be said she lived in the UK with her spouse for a continuous period of two years as a dependent of a PBS migrant who is now a Settled person.

Is continuous a requirement?

[Sanhadi]

actually i m more worried abt restriction to work as a training doctor as i hv just passed my plabs n if this restriction thing is on my visa i wont be able to apply for job ...r u sure that that on spouse visa there is no restriction coz nowadays they r putting restrictions on everyone visa...

[vinny]

As Obie stated, there are no employment restrictions after grant of FLR(M).

[vinny]

can u plz guide me for legal advice which immigration lawyer should i contact?

See also Any good law firm recommendation?

[Obie]

Vinny, i was minded of that provision, but as OP left UK for a period of 1 year between 2010 April and then returned to the UK in April 2011, it cannot be said she lived in the UK with her spouse for a continuous period of two years as a dependent of a PBS migrant who is now a Settled person.

Is continuous a requirement?

Vinny it will be odd if OP fail to comply with the requirement under 319C(e) and then qualifies for ILR under 287a (i)(e).

Furthermore it will be OP will qualifies under circumstance in which primary applicant will not qualify, in light of the length of her absence.

[vinny]

Neither 319E nor 287 require that the dependant has to spend a minimum continuous period in the UK.

[Obie]

319C(e) seem to require the applicant to intend to live with the PBS migrant throughout his stay in the UK. If she went overseas for a year, it cannot be said she met the condition of her limited leave.

Reading that together with 319E (d), I believe the 2 years has to be continuos and should precede the ILR application. Needless to mention 319E really, as is obvious OP will not qualify under it.