dependent of ILR on 10 years basis

[fahadz1]

Hi,

My friend got ILR on 10 years basis.

His history

He was a student then changed to HSMP then Tier 1 and he completed 10 years before his tier 1 expires.

his wife is here more than 5 years with him as his dependent. her tier 1 dependant visa will expries in copuple of months

do she need to apply ILR or she need to apply FLR (m)

any reference ???

thxxx

[geriatrix]

his wife is here more than 5 years with him as his dependent. her tier 1 dependant visa will expries in copuple of months

Assuming Tier 1 you refer to is Tier 1 (General):
FLR(M) and, immediately after receiving FLR(M) leave, SET(M).

[fahadz1]

FLR(M) and, immediately after receiving FLR(M) leave, SET(M).

thanks sushdmetha...

[fahadz1]

Hi again

she have ILETS band 7. is this acceptable for flr(m) english language requirement ??

second can he do same day service for FLR(m) and Set(m)

thanks

[geriatrix]

This document explains the min. scores one must each achieve for the different approved tests.

Both FLR(M) and SET(M) applications can be submitted in-person.

[sam2106]

his wife is here more than 5 years with him as his dependent. her tier 1 dependant visa will expries in copuple of months

Assuming Tier 1 you refer to is Tier 1 (General):
FLR(M) and, immediately after receiving FLR(M) leave, SET(M).

Hi, why do you say immediately after receiving FLR(M) to apply for SET(M)...this doesn't make sense...once she receives the spouse visa on FLR(M), she needs to be on it for 2 years before she applies for indefinite leave on SET(O). She would need to meet all the requirement for SET(O), e.g number of days absent in last 2 years etc..

[geriatrix]

Hi, why do you say immediately after receiving FLR(M) to apply for SET(M)...this doesn't make sense...once she receives the spouse visa on FLR(M), she needs to be on it for 2 years before she applies for indefinite leave on SET(O). She would need to meet all the requirement for SET(O), e.g number of days absent in last 2 years etc..

287(a)(i)(d)

[sam2106]

Hi, why do you say immediately after receiving FLR(M) to apply for SET(M)...this doesn't make sense...once she receives the spouse visa on FLR(M), she needs to be on it for 2 years before she applies for indefinite leave on SET(O). She would need to meet all the requirement for SET(O), e.g number of days absent in last 2 years etc..

287(a)(i)(d)

Oh this is very interesting. thanks Sushmehta, how does this fit with regards to me and my partner's situation...

We been living together since June 2006 as unmarried partner common law. At the time, she was on student visa in her own category and I was on student visa shortly converting to Tier 1 ( PSW ) and Tier 1 ( general ) in turn. Her visa was expiring in March 2011. I couldn't apply for her to become unmarried dependant of my Tier 1 ( general ) within the UK. We had to go back home where she successfully applied for unmarried partner of Tier 1 ( general ) and was granated around 10/02/2011.

Both my Tier 1 ( general ) and her unmarried partner on Tier 1 ( general ) expires on 20/05/2012.

On 27/02/2012, I applied for ILR based on 10 years Long Residence, I am currently waiting for my ILR decision and passport.

On 08/05/2012, she applied for FLR(M), she juste reieved biometric invite today which we will go and do for her on this coming Saturday.


I would like to know where she stands, if she can apply for SET(O) immediately after receiving her FLR(M) or she would need to spend 2 years on the FLR(M) compulsary before she is entitled to apply for indefinite leave on SET(M)?

Thanks..

[geriatrix]

What was your partner's immigration status before leaving UK to apply for entry clearance as a dependant of a Tier 1 (General) migrant?
On what date did your partner enter UK as a dependant of a Tier 1 (General) migrant?

[sam2106]

What was your partner's immigration status before leaving UK to apply for entry clearance as a dependant of a Tier 1 (General) migrant?
On what date did your partner enter UK as a dependant of a Tier 1 (General) migrant?

sorry for any confusion, she was on Tier 1 ( PSW) in her own category. This was about to expire on 09/03/2011 so as she couldn't apply for dependant in country, we both left to go back home in January 2011 so that she could apply to become dependant on my Tier 1 ( general ). She was granted this unmarried dependant visa on 31/01/2011 expiring same date as my Tier 1 ( general ) or on 20/05/2012.

That unmarried depedant visa or new entry clearance of hers was stamped on 14/02/2011 when we both landed at heathrow

for correction, we been living together since June / July 2007.

Between June 2007 to January 2011, she was on student visa and then Tier 1 ( PSW).

Between June 2007 to Febuary 2012, I have been on student visa, Tier 1 ( PSW ) and Tier 1 ( general ) successively.

I have recently applied for my indefinite leave on 27/02/2012 - 10 years Long Residence Category on SET(O) and is currently awaiting decision.

She has just applied for FLR(M) 08/05/2012 and about to go for Biometric this coming Saturday.

thanks

[Greenie]

She will be able to apply for ILR on form SET(M) (not SET(O)) once she has completed two years on a combination of your tier 1 dependent and as the unmarried partner of a settled person. i.e., 14/02/2013.

[sam2106]

She will be able to apply for ILR on form SET(M) (not SET(O)) once she has completed two years on a combination of your tier 1 dependent and as the unmarried partner of a settled person. i.e., 14/02/2013.

thanks Greenie and Sushmehta. I have been on that for quite a long time, even spoke to Vinny before if she can still remember, but then things were still blurry.

this sounds promising, and as application will be on SET(M) not SET(O), premium service would be able to be used for same day service. Only one drawback i presume is most immigration officers and solicitors are not even familiar with 287(a)(i)(d), therefore I will have to walk around with my copy of Immigration rules with 287(a)(i)(d) highlighted in bold when we go to apply for her ILR on 14th Feb next year, would be a good St Valentine gift for her I imagine

Excellent

Enjoy your day guys!

[Greenie]

She will be able to apply for ILR on form SET(M) (not SET(O)) once she has completed two years on a combination of your tier 1 dependent and as the unmarried partner of a settled person. i.e., 14/02/2013.

thanks Greenie and Sushmehta. I have been on that for quite a long time, even spoke to Vinny before if she can still remember, but then things were still blurry.

this sounds promising, and as application will be on SET(M) not SET(O), premium service would be able to be used for same day service. Only one drawback i presume is most immigration officers and solicitors are not even familiar with 287(a)(i)(d), therefore I will have to walk around with my copy of Immigration rules with 287(a)(i)(d) highlighted in bold when we go to apply for her ILR on 14th Feb next year, would be a good St Valentine gift for her I imagine

Excellent

Enjoy your day guys!

In fact in your partner's case it will be 287(a)(i)(e) that applies as you are unmarried.

[geriatrix]

Just a technical point -
If you both remain unmarried partners until 14-2-2013, then 295G(b) will apply ... instead of 287(a)(i)(d) or 287(a)(i)(e).
End result remains the same - settlement on/after 14-2-2013.

[geriatrix]

Greenie, 287(a)(i)(e) should apply only if the two get married / enter civil partnership (as the case may be) between now and 14-2-2013.

[sam2106]

Greenie, 287(a)(i)(e) should apply only if the two get married / enter civil partnership (as the case may be) between now and 14-2-2013.

hmm thanks for all the clarification.

yes i now see:

287(a)(i)(d) will definitely not apply for her.

Hmm...287(a)(i)(e)... Aarggg.. don't think this will apply either..lets put it that way marriage cost a fortune these days!

295G (b) will most likely apply

[Greenie]

Greenie, 287(a)(i)(e) should apply only if the two get married / enter civil partnership (as the case may be) between now and 14-2-2013.

sorry - you are of course correct.

[sam2106]

Just a technical point -
If you both remain unmarried partners until 14-2-2013, then 295G(b) will apply ... instead of 287(a)(i)(d) or 287(a)(i)(e).
End result remains the same - settlement on/after 14-2-2013.

One last query i forgot to ask please..Can she apply 28 days before it gets to 2 years ( combination of both FLR( dependant) of PBS and FLR(S) ) , e.g can't she apply on 18th of January 2012?

I know normal applicants applying on SET(O) from FLR(M) can post application or go in person can go 28 days before reaching 2 years on the visa..

is there any such 28 days rule?

please correct me if am wrong

thanks

[geriatrix]

Yes, no earlier than 28 days before the 2nd anniversary of her entry in the UK as a Tier 1 (General) dependant.

[sam2106]

Yes, no earlier than 28 days before the 2nd anniversary of her entry in the UK as a Tier 1 (General) dependant.

Thanks a lot dear... that's cool thinking she'll be able to apply as early as on the 18th January 2013 since her PBS dependant visa vignette (31st Jan 2011 to 20 May 2012) was stamped on 14th Feb 2011 when we landed at heathrow.

enjoy the rest of the day

thanks

[sam2106]

This hope is gone as well now after reading ther statement of intent? it means my partner won't be able to apply for ILR in February 2013 after 2 years? ( a combination of two years mix - dependant of my tier 1 general visa and spouse visa ). Does the new rule coming means she will only be after to apply for 5 years?

Greenie, 287(a)(i)(e) should apply only if the two get married / enter civil partnership (as the case may be) between now and 14-2-2013.

[Greenie]

I am not sure that this particular point is clear from the statement of intent - unless I have missed the relevent paragraph?

[sam2106]

I am not sure that this particular point is clear from the statement of intent - unless I have missed the relevent paragraph?

Well i think my partner will still be exempted under Transitional Arrangement..see Clause 132 on page 34 http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

whats your thoughts? Have i read correctly Greenie? thanks

[Greenie]

I am not sure that this particular point is clear from the statement of intent - unless I have missed the relevent paragraph?

Well i think my partner will still be exempted under Transitional Arrangement..see Clause 132 on page 34 http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

whats your thoughts? Have i read correctly Greenie? thanks

what is clear:

1. A PBS dependent who was granted leave as a PBS dependent under the rules in place before 9th July 2012 will be subject to transitional arrangements in that if they apply for ILR as the spouse/partner of a PBS migrant at the same time as the PBS migrant, they will only need to complete a two year probationary period.

2. The partner/spouse of a settled person granted leave under the rules in place before 9th July 2012 will still be subject to the two year probationary period.

What is not clear:

1. Whether a PBS dependent who is required to switch on form FLR(M) (either because they don't complete the two years to apply for ILR at the same time as the main PBS migrant or because the PBS migrant applies for ILR under the 10 year long residence category) will still benefit from the 2 year probationary period or whether, because the switch on form FLR(M) and thus enter the 'family route' after 9th July 2012, whether they will be subject to the old or new probationary period.

[sam2106]

Greenie..the paragraph 132 doesnt say it as you are saying especially the part i have put in bold.."1. A PBS dependent who was granted leave as a PBS dependent under the rules in place before 9th July 2012 will be subject to transitional arrangements in that if they apply for ILR as the spouse/partner of a PBS migrant at the same time as the PBS migrant, they will only need to complete a two year probationary period. "

Where does it say this bit in the statement of change?

In what situation a dependant with combination of unmarried partner visa on a PBS sponsor and FLR(M) on the ILR of the sponsor will have the opportunity to apply for ILR at the same time as the sponsor?

there can only be one situation. For example someone was on Tier 1 General ..2 years left out to make 5 years..then within the last 2 years of Tier 1 general bring in dependant wife or husband on his PBS..then at the end of his or her 5 years tier 1 general, the wife or husband will also be in line ( 2 years dependant visa) and they can both apply for ILR together..

However, paragraph 132 is very clear here:
132.
Some changes will come into effect at different times and subject, in some cases, to transitional arrangements:
•
A fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner, same sex partner, child or adult dependant with leave to enter or remain in the UK on the family route granted before 9 July 2012 will remain subject to the rules in force prior to that date. Likewise, those with leave granted before 9 July 2012 as a partner of a migrant with leave under the Points Based System, or as an adult dependant or post-flight family member of a refugee or person granted humanitarian protection in the UK, will also remain subject to the rules in force prior to that date.

this part in bold doesnt say if they both are not applying at the same time for ILR, the PBS partner won't qualify..this means no where its meantioned in the statement of intent that 287(a)(i)(e) of immigration rules will be revised or removed! 287(a)(i)(e) stays the same...

I am not sure that this particular point is clear from the statement of intent - unless I have missed the relevent paragraph?

Well i think my partner will still be exempted under Transitional Arrangement..see Clause 132 on page 34 http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

whats your thoughts? Have i read correctly Greenie? thanks

what is clear:

1. A PBS dependent who was granted leave as a PBS dependent under the rules in place before 9th July 2012 will be subject to transitional arrangements in that if they apply for ILR as the spouse/partner of a PBS migrant at the same time as the PBS migrant, they will only need to complete a two year probationary period.

2. The partner/spouse of a settled person granted leave under the rules in place before 9th July 2012 will still be subject to the two year probationary period.

What is not clear:

1. Whether a PBS dependent who is required to switch on form FLR(M) (either because they don't complete the two years to apply for ILR at the same time as the main PBS migrant or because the PBS migrant applies for ILR under the 10 year long residence category) will still benefit from the 2 year probationary period or whether, because the switch on form FLR(M) and thus enter the 'family route' after 9th July 2012, whether they will be subject to the old or new probationary period.