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Dependents of 10 years Long residence ILR

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jbm
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Dependents of 10 years Long residence ILR

Post by jbm » Mon May 28, 2012 9:56 pm

Hello, i have recently applied for ILR on the basis of 10 years LR, my current status is Tier 1 General which is valid until august 2012. My query is as we aware i cannot include my dependent with me on 10 year ilr visa, what application form i will be using once i receive my ILR to legalese my family.

My wife is on tier 1 dependent visa living with me in UK since Nov 2009.

My elder son on tier 1 dependent visa born in UK living with me since Nov 2009.

My younger son on tier 1 dependent visa born in UK Sept 2010.

I got this from diff discussion that child born in UK can apply straightway for citizenship instead of be my dependent first,is this true then what form i will be using?

Please advise best way forward, thanks

linkers
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Post by linkers » Mon May 28, 2012 10:09 pm

After you get your ILR. You need to apply for your wife’s visa using FLR(M) form. Once your wife gets FLR, she can apply for ILR immediately as she has already spent 2 years with you.

Your assumption about your UK born children is correct. Once you get your ILR, you can register them for British Citizenship directly.

jbm
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Post by jbm » Mon May 28, 2012 10:24 pm

linkers wrote:After you get your ILR. You need to apply for your wife’s visa using FLR(M) form. Once your wife gets FLR, she can apply for ILR immediately as she has already spent 2 years with you.

Your assumption about your UK born children is correct. Once you get your ILR, you can register them for British Citizenship directly.
Thanks linkers and thanks again for quick reply, its a relieve as i though she may have to stay another two years for ilr. just wonder as thing goes ok i should got my passport back before august 2012 but just in case if i not receive my passport on time can i still apply for my dependents in same way?
thanks

geriatrix
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Post by geriatrix » Mon May 28, 2012 10:51 pm

Which Tier 1 are you referring to?
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jbm
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Post by jbm » Tue May 29, 2012 12:48 am

sushdmehta wrote:Which Tier 1 are you referring to?
i am on tier 1 general (highly skilled) issued in August 2009 for three year until Aug 2012. but i was eligibled for ilr on the basis of 10 years LR in march 2012,

geriatrix
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Post by geriatrix » Tue May 29, 2012 9:19 am

In such case, follow linkers's suggestion.
Life isn't fair, but you can be!

jbm
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Post by jbm » Wed May 30, 2012 2:45 am

sushdmehta wrote:In such case, follow linkers's suggestion.
Thanks sushdmehta and linkers

uddinriaz
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Re: Dependents of 10 years Long residence ILR

Post by uddinriaz » Wed May 30, 2012 7:17 am

jbm wrote:Hello, i have recently applied for ILR on the basis of 10 years LR, my current status is Tier 1 General which is valid until august 2012. My query is as we aware i cannot include my dependent with me on 10 year ilr visa, what application form i will be using once i receive my ILR to legalese my family.

My wife is on tier 1 dependent visa living with me in UK since Nov 2009.

My elder son on tier 1 dependent visa born in UK living with me since Nov 2009.

My younger son on tier 1 dependent visa born in UK Sept 2010.

I got this from diff discussion that child born in UK can apply straightway for citizenship instead of be my dependent first,is this true then what form i will be using?

Please advise best way forward, thanks


After you get your ILR u need to use FLRM for your wife once she get flrm she can apply for ILR if she is living with you one Tire 1 (HSMP) from last 3 years, for your childerns you have to fill MN1 form for registeration for a BC

lesbere
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Post by lesbere » Sun Jun 10, 2012 12:05 am

linkers wrote:After you get your ILR. You need to apply for your wife’s visa using FLR(M) form. Once your wife gets FLR, she can apply for ILR immediately as she has already spent 2 years with you.

Your assumption about your UK born children is correct. Once you get your ILR, you can register them for British Citizenship directly.


What if on the process of waiting for ILR, the wife dependabt visa runs out, what does he do? I am in the same situation but considering the length of time it takes to issue ILR, what happens to her during the wait period if her visa runs out?

geriatrix
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Post by geriatrix » Sun Jun 10, 2012 12:19 am

lesbere wrote:What if on the process of waiting for ILR, the wife dependabt visa runs out, what does he do? I am in the same situation but considering the length of time it takes to issue ILR, what happens to her during the wait period if her visa runs out?
In such case, dependant must make an application for extension of leave before expiry of leave.
Last edited by geriatrix on Sun Jun 10, 2012 2:46 am, edited 1 time in total.
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lesbere
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Post by lesbere » Sun Jun 10, 2012 12:32 am

sushdmehta wrote:
lesbere wrote:What if on the process of waiting for ILR, the wife dependabt visa runs out, what does he do? I am in the same situation but considering the length of time it takes to issue ILR, what happens to her during the wait period if her visa runs out?
In such case, dependant must make an application for extension of leave before expiry of leave.
Thanks you very much Sushmehta. I will applying for FLR for her even though she has been my dependant for the whole 10 years period. I will have to pay for FLR and then ILR. That will hurt!

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Post by geriatrix » Sun Jun 10, 2012 12:34 am

lesbere wrote:I will applying for FLR for her even though she has been my dependant for the whole 10 years period.
In such case, does she not qualify for settlement under long residence in her own right?
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lesbere
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Post by lesbere » Sun Jun 10, 2012 12:40 am

sushdmehta wrote:
lesbere wrote:I will applying for FLR for her even though she has been my dependant for the whole 10 years period.
In such case, does she not qualify for settlement under long residence in her own right?
It took her 9 months before she came to the UK to settle with even though I got her dependant immediately I got my visa. 9 months!

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Post by geriatrix » Sun Jun 10, 2012 12:43 am

Unfortunate! Sadly, then there's no escape from FLR(M) before settlement.
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lesbere
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Post by lesbere » Sun Jun 10, 2012 12:45 am

sushdmehta wrote:Unfortunate! Sadly, then there's no escape from FLR(M) before settlement.
Thanks so much. This forum and the moderators are lives savers!!!!!

jbm
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Post by jbm » Mon Jun 11, 2012 7:25 pm

lesbere wrote:
sushdmehta wrote:Unfortunate! Sadly, then there's no escape from FLR(M) before settlement.
Thanks so much. This forum and the moderators are lives savers!!!!!
Thanks very much lesbere and sushdmehta to discuss this issue, so just incase if my ilr not arrive on time i can apply for my wife FLR by using FLR(M) form. what shold i write in section where they ask info about partner ILR details? you know what i mean?

jbm
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Post by jbm » Wed Jun 13, 2012 6:27 am

jbm wrote:
lesbere wrote:
sushdmehta wrote:Unfortunate! Sadly, then there's no escape from FLR(M) before settlement.
Thanks so much. This forum and the moderators are lives savers!!!!!
Thanks very much lesbere and sushdmehta to discuss this issue, so just incase if my ilr not arrive on time i can apply for my wife FLR by using FLR(M) form. what shold i write in section where they ask info about partner ILR details? you know what i mean?
help Please!! just seen these new changes to partner visa. would anybody advice me please what should i do? it looks if i apply for my wife before 9 july 2012 she come under old rules and she can apply straight for ilr once she get her FLR but if i apply after 9 july then she has to wait another 2 year to complete her 5 year with me.

geriatrix
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Post by geriatrix » Wed Jun 13, 2012 9:04 am

jbm wrote:so just incase if my ilr not arrive on time i can apply for my wife FLR by using FLR(M) form. what shold i write in section where they ask info about partner ILR details? you know what i mean?
No, where does FLR(M) form ask for such details?

If it indeed does, common sense suggests that you state that the ILR application has been submitted (and provide application reference number, if you have one).

Click on the link provided in one of my responses above in the topic.
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jbm
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Post by jbm » Wed Jun 13, 2012 1:01 pm

sushdmehta wrote:
jbm wrote:so just incase if my ilr not arrive on time i can apply for my wife FLR by using FLR(M) form. what shold i write in section where they ask info about partner ILR details? you know what i mean?
No, where does FLR(M) form ask for such details?

If it indeed does, common sense suggests that you state that the ILR application has been submitted (and provide application reference number, if you have one).

Click on the link provided in one of my responses above in the topic.
Thanks sushdmehta i just read the form and ur post related to long residence dependent. please can you reply to my last query about applying before 9 july. thanks again

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Post by geriatrix » Wed Jun 13, 2012 1:26 pm

From what I have read, she should be okay. But since the details of specific changes to immigration paragraphs is not yet known, it is still unknown if and to what extent will the new changes affect an applicant switching from PBS dependant to FLR(M).

Wait until statement of changes is published to know exact details.
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jbm
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Post by jbm » Wed Jun 13, 2012 4:21 pm

sushdmehta wrote:From what I have read, she should be okay. But since the details of specific changes to immigration paragraphs is not yet known, it is still unknown if and to what extent will the new changes affect an applicant switching from PBS dependant to FLR(M).

Wait until statement of changes is published to know exact details.
Thanks sushdmehta.

jbm
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Post by jbm » Fri Jun 29, 2012 6:28 am

jbm wrote:
sushdmehta wrote:From what I have read, she should be okay. But since the details of specific changes to immigration paragraphs is not yet known, it is still unknown if and to what extent will the new changes affect an applicant switching from PBS dependant to FLR(M).

Wait until statement of changes is published to know exact details.
Thanks sushdmehta.
Hi ,
@sushdmehta after reading new changes any recommendations should my wife apply before 9 july or later. which is the best for her?

geriatrix
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Post by geriatrix » Fri Jun 29, 2012 10:01 am

jbm wrote:My wife is on tier 1 dependent visa living with me in UK since Nov 2009.
jbm wrote:i am on tier 1 general (highly skilled) issued in August 2009 for three year until Aug 2012. but i was eligibled for ilr on the basis of 10 years LR in march 2012,
jbm wrote:i have recently applied for ILR on the basis of 10 years LR,
If you are granted settlement before your wife's current PBS dependant leave expires, then she should be able to apply for settlement without needing to switch to FLR(M) first.

If you are not granted settlement before your wife's current PBS leave expires, then she will need to switch to FLR(M) leave before her leave expires and may apply for settlement as soon as her FLR(M) application is approved.

So, wait ... with the hope that your settlement application is approved before the expiry date of your wife's PBS dependant leave.
Life isn't fair, but you can be!

jbm
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Post by jbm » Mon Jul 02, 2012 10:16 pm

sushdmehta wrote:
jbm wrote:My wife is on tier 1 dependent visa living with me in UK since Nov 2009.
jbm wrote:i am on tier 1 general (highly skilled) issued in August 2009 for three year until Aug 2012. but i was eligibled for ilr on the basis of 10 years LR in march 2012,
jbm wrote:i have recently applied for ILR on the basis of 10 years LR,
If you are granted settlement before your wife's current PBS dependant leave expires, then she should be able to apply for settlement without needing to switch to FLR(M) first.

If you are not granted settlement before your wife's current PBS leave expires, then she will need to switch to FLR(M) leave before her leave expires and may apply for settlement as soon as her FLR(M) application is approved.

So, wait ... with the hope that your settlement application is approved before the expiry date of your wife's PBS dependant leave.
Thanks sushdmehta, its really looks good, her visa pbs depentent valid until 17 aug 2012. so if my ilr granted before 17 aug 2012 she can straigth apply for ilr, can i ask which form she need in that case set o or set m? and she has already pass her A1 english exam but for ilr does she also need LIUK certificate.??

all according to above its looks like 9 july rule doesnot effect me much, is that right? thanks for advice

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Post by geriatrix » Mon Jul 02, 2012 11:21 pm

jbm wrote:can i ask which form she need in that case set o or set m?
We should have clarity on that on / after 09-Jul-12.
jbm wrote:and she has already pass her A1 english exam but for ilr does she also need LIUK certificate.??
Yes.
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