FLR (M) or SET (M) for Wife

[nyigan12]

Hi Moderators and Everone

I just applied for ILR (10 yrs) and FLR (m) for wife.
My story is that I came to england in july 2002, wife came to england in 2009 with student dependent visa. The last student visa expired in April 2012 which is 3 months before 10 years. Applied Tier 2 general visa and dependent visa for wife just before the student visa expired. While tier 2 app is in progress, I varied from tier 2 app with ILR and FLR for wife 20 days before my 10th anniversary. Only one week later, i received tier 2 approved letters for both of us. I have not heard anything from HO regarding ILR.

My question now is - whether my wife can vary from the FLR (m) with Set (M) as she has been with me as a dependent for 3 years. I learned PBS dependent can apply like I mentioned but not sure with my case.

Thanks and All the best for everyone

[geriatrix]

Only one week later, i received tier 2 approved letters for both of us. I have not heard anything from HO regarding ILR.

There is no application left to vary ... as both applications have been decided.

It appears that your request to vary Tier 2 application to ILR reached UKBA a bit late ..... when the decision on Tier 2 application had already been taken.

[nyigan12]

Hi sushdmehta

Thanks for your reply. What should we do with my Ilr and wifes Flr. We have not even received tier 2 BRP yet. It has been nearly 3 weeks I had sent my Ilr app but I have not received the Acknowledgement letter. What I m going to do is that I will wait until I get all my documents back and then I will send those again for ILR. Obviously I will have to pay anothetr fees for ILR.The thing I was wondering is if I can vary wifes Flr which is already at HO to Set (M). Sorry if I did not understand you. Normally people apply FLR (m) then apply Set (M). In my case My wife has been in england for 3 years with dependant visa. I am just hoping that I can skip FLR (M) to save some fees. I am not good at explaining things hope you understand me.

[geriatrix]

You applied for leave to remain as a PBS (Tier 2) migrant
Your wife applied for leave to remain as a PBS dependant.


You requested that your Tier 2 application be varied to ILR.
You requested that your wife's PBS dependant application be varied to FLR(M).

You received letter(s) confirming that your and your wife's PBS applications had been approved.


This means:

Both these requests (to vary) have not been considered - perhaps because the decision on your PBS applications had already been taken by then. The law does not allow that an application on which a decision has already been taken to be varied. In effect, the requests to vary became invalid.

Therefore, at the moment UKBA has no application to consider .. neither a ILR application nor a FLR(M) application. You should receive the applications and documents back from UKBA, hopefully with similar explanation. If any money was debited on account of these requests (to vary), I believe you should receive a full refund.

[nyigan12]

Thanks alot sushdmehta, that explained very clearly.

Now I just need to wait for all our documents coming back and apply again. I see.

This time, does my wife qualify for Indefinit leave to remain and apply using Set (M) form? or

Will she have to apply for FLR (M)?

Thanks again sushdmehta

[geriatrix]

Dependant of ILR (long residence) applicant

[nyigan12]

Hi sushdmehta

Thanks for your Link. I would like to ask a few more questions please.

1. Can my wife stay on Tier 2 dependent visa without switching to FLR(M) until I get my ILR?

2. Can she stay until her dependent visa expires even after I got ILR?

Sorry for questions