meemyself&I wrote:Hello again,
I just wanted to please clarify the quotation below, which has been extracted from the post by Greenie regarding the changes to family visas (i guess).
My husband is currently waiting for a decision on his ILR application on the basis of 10 years long residence (all the 10years was as a result of being on a student / tier 4 visa). I have been in the UK as his dependant for the past 8 years, does the quotation below, indicate that I can apply for ILR directly as i have already been in the UK for more than 5 years, if i was to apply for ILR after 9 JUly.
By the timeline i have seen, it looks like ILR applications take about 18-20 weeks, which means he is expecting his passport back around Sept 2012. My visa is valid until Nov 2012, is it worth applying now on form FLR M to avoid new rules, or should I wait until he receives his passport back. If I was to apply now, I intend putting an explanatory letter to say that my application should be dealt with on the basis of my husband's ILR outcome.
Your help will be very much appreciated.
. For PBS dependents who do not qualify for ILR at the same time as the main PBS migrant because you haven't completed your two year probationary period:
- If you will complete your two years within the validity of your PBS dependent leave, you no longer need to apply for FLR(M), instead you will be able to apply directly for ILR on form SET(O) once you have completed your two years
- If your leave will expire before you complete your two years, you will need to apply for further leave on form FLR(M) and then for ILR on form SET(M) once you complete your two years. You will not be subject to the new minimum income thresholds but will be subject to the current 'adequate accomodation and maintenance' requirements.
