ILR or FLR for my dependant

[david1982]

Hi mak2000,


After you got ILR ( under 10 years Long residency );

Which forms your wife used to change immigration status;
First FLR(M) and then Set (M)?

For FLR(M); did she submit any English Language Certificate?

Did you apply for your daughter's British Citizenship? or did you include her with your wife's application?

Kind Regards,
David

Hi Everyone

Been to Glasgow PEO yesterday, at last got my wife's settlement - Permenant Residence. The office initially said no, but later when i showed him a copy of the Section 287 (a)i(d), he was convinced that he was wrong, no further hurdles, i was told to wait for 2 hours and then my wife's ILR was granted.

Many thanks for all those who suggested me on this way.

Regards

[Greenie]

Is it possible to make this thread a sticky please? This question is raised on a daily basis.

[shruti-sweet]

Hi,

I am planning to apply for my settlement visa as a wife of a person settled in the UK using SET(M) form. I have a query regarding its eligibility, could you please help me with it?

I came to UK as a dependent on my Husband's Tier-1 (General) visa in December, 2009. My husband got his Indefinite Leave to Remain in the UK (ILR) in March, 2011. Later on I had applied for an extension of stay as the wife of a permanent resident visa using the FLR(M) form and I got the visa on May, 2011.

I have completed two years as a dependent of my husband in the UK so I just wanted to know can I apply for Set(M) Visa as a mixture of these two dependent visa or does it need to be full 2 years on ILR Dependent Visa?

Many Thanks

[Greenie]

this question is already answered in this thread.

[shruti-sweet]

Hi,

I tried calling UKBA but the advisor told me that I have to be on 2 years on FLR(M) visa (and can not include my tier-1 general dependent duration in that) so I had raised the above question.

I read the rule 287(i)(d) rule but it is combined with 287(i)(c) rule. I tried reading and understanding it many times but could not understand.

__(c) was admitted to the United Kingdom in accordance with leave granted under paragraph 282(c) of these rules; and

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here;

Could you please help me with it? I have my appointment booked in Glasgow on 20th Feb (Monday).

Many thanks.

[Greenie]

the answer is yes, as already stated in this thread and in the rules you have quoted. time spend as a PBS dependent and as the spouse of a settled person can be combined to make up the two yars.

[shruti-sweet]

Many Thank for the information.

[angelloveguy]

My friend has recentely received his ILR on 10 years Long residency. His wife is his dependent on Tier 1(general), she first came into UK on Tier 1(Post study work) and when he changed his visa to Tier 1(general) she also got a Dependent visa. she is here for last 3 years.

Now which visa application form she should use to change her status to ILR dependent?

[Greenie]

My friend has recentely received his ILR on 10 years Long residency. His wife is his dependent on Tier 1(general), she first came into UK on Tier 1(Post study work) and when he changed his visa to Tier 1(general) she also got a Dependent visa. she is here for last 3 years.

Now which visa application form she should use to change her status to ILR dependent?

please read through this thread where this question has been answered already.

[angelloveguy]

I did but still confused as some other threads have other stories. so is there someone help me ? which form should he use for his wife who is with him for last 3 years.

[Greenie]

FLR(M), then SET(M).

Given that she has been in the UK since 2008, she may apply for SET(M) as soon as she is granted FLR(M) leave.

Current Tier 1 (General) dependant leave is valid unless it is curtailed, expires or she travels abroad.

[askyara]

thank you for the reply:)

i have read the rules before, but i am so confuse with all the terms. But when you point it out, i think i begin to understand it.

therefore, after his visas as dependant expires in June he has to fill in FLR(M), and after 2 years, he can then apply for ILR? Is that true?

what about the case for my daughter?

many thanks.

[shruti-sweet]

Hi,

I tried calling UKBA but the advisor told me that I have to be on 2 years on FLR(M) visa (and can not include my tier-1 general dependent duration in that) so I had raised the above question.

I read the rule 287(i)(d) rule but it is combined with 287(i)(c) rule. I tried reading and understanding it many times but could not understand.

__(c) was admitted to the United Kingdom in accordance with leave granted under paragraph 282(c) of these rules; and

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here;

Could you please help me with it? I have my appointment booked in Glasgow on 20th Feb (Monday).

Many thanks.

Hi,

Many thanks for the information.

I got my ILR with combined period of 2 years as a dependent of tier-1 general and ILR dependant (FLR(M)).

Imp link: http://www.uk-wp.com/2011/07/08/ukba-co ... a-holders/

Regards,

[angelloveguy]

I had email HO three weeks ago and I have received a reply from them today.

*******************

Thank you for your email. On the basis of the information you have provided, as your wife has completed 2 years leave as the spouse of a PBS migrant she will be eligible to apply for ILR as the wife of a person present and settled in the UK under paragraph 287 of the Immigration Rules. To apply for ILR your wife will be required to submit a Set(M) application form.



Full details can be found at: UK Border Agency | Completing application form SET(M)

[Greenie]

I had email HO three weeks ago and I have received a reply from them today.

*******************

Thank you for your email. On the basis of the information you have provided, as your wife has completed 2 years leave as the spouse of a PBS migrant she will be eligible to apply for ILR as the wife of a person present and settled in the UK under paragraph 287 of the Immigration Rules. To apply for ILR your wife will be required to submit a Set(M) application form.



Full details can be found at: UK Border Agency | Completing application form SET(M)

first she needs to apply for further leave on FLR(M).

[angelloveguy]

the officer clearify it in his email that PBS dependent who has completed two years in UK can apply for ILR and I have two of my friends whose wives got ILR in a same situation. So thanks for your advice but my friend has decided tol go for ILR and not FLR and will let you know the result.

[Greenie]

the officer clearify it in his email that PBS dependent who has completed two years in UK can apply for ILR and I have two of my friends whose wives got ILR in a same situation. So thanks for your advice but my friend has decided tol go for ILR and not FLR and will let you know the result.

the rules clearly do not permit this if the main migrant already has ILR.

[odufal]

Hi every one,
I am eligible for ILR via the 10yr long residence,
I am currently on the old 5yr work permit (expires in September 2012)
My wife has dependant visa on my work permit since approx 3yrs now (same expiry)
If I go ahead and get my ILR now via the 10yrs long residence, as i'm thinking of changing employment

(1) will my wife need to get a dependant visa on ILR, or can she apply for an ILR after I get my ILR?

(2) If she gets a dependant visa, how soon can she apply for ILR as we have been married since 2008 and she came to the UK on a work permit dependant in April 2009 (approx 3yrs)?

Thanks for your response

[Greenie]

Hi every one,
I am eligible for ILR via the 10yr long residence,
I am currently on the old 5yr work permit (expires in September 2012)
My wife has dependant visa on my work permit since approx 3yrs now (same expiry)
If I go ahead and get my ILR now via the 10yrs long residence, as i'm thinking of changing employment

(1) will my wife need to get a dependant visa on ILR, or can she apply for an ILR after I get my ILR?

(2) If she gets a dependant visa, how soon can she apply for ILR as we have been married since 2008 and she came to the UK on a work permit dependant in April 2009 (approx 3yrs)?

Thanks for your response

please stick to your other thread where your question has been answered.

[ssoct98@hotmail.com]

Dear shushmehta,
Did mak2000 get directly ILR for his wife or he applied Ist FLR(m) than ILR?

[atikhonee]

I hope some one would help me with that.

I entered U.K on finance visa in September 2010.

Got married in December 2010.

Got my FLR (M) in February 2011.

My question is whether i will be eligible to apply for my ILR in September 2012, completing my 2 years or i will have to wait by February 2013.

[vinny]

I hope some one would help me with that.

I entered U.K on finance visa in September 2010.

Got married in December 2010.

Got my FLR (M) in February 2011.

My question is whether i will be eligible to apply for my ILR in September 2012, completing my 2 years or i will have to wait by February 2013.

You may apply for ILR no sooner than 28 days prior to the completion of your FLR(M).

[akirank]

My wife's ILR was refused on the grounds that she hasnt spent 2 yrs under spouse visa under paragraph 289 with reference to 287(a)(i)(d).

She entered the UK Dec 2009 as a tier 1 Partner and granted LTR until Sep 2011. I got ILR in June 2011 and She applied for LTR as spouse and was granted LTR from 10th October 2011 to 10 october 2013.

We applied for her ILR in feb2012 thinking that she has completed 2 yrs including the time she spent as tier1 dependant from 2009. We applied by post and we received a letter stating that she has to apply after she finishes the qualifying 2 yr period as a spouse of a settled person. They asked us to apply at the end of 2yrs i.e in october 2013. They have not taken the time spent as dependant on Tier 1.

I thought that they will include the time spent as tier1 dependant. Please let me know if I am wrong.

Please help? Is there any way toappeal ?

Thank you very much

[vinny]

There's no right of appeal if she still has leave remaining. However, she may write and request a reconsideration.

[akirank]

Thanks vinny for your quick reply.

Do you think they are correct in their decision not to consider the time spent as Tier 1 dependant?

Could you please let me know how to ask for reconsideration? Do we need to send all the documents with a covering letter to the same address that we sent for ILR?

Thanks a lot for you help

Regards
Kiran