ILR or Flr(M)

[faz28]

Please put my mind to rest. Eventhough I spoke to HO, I have a confusion after reading some post here. My husband has ILR(long residence) & I'm still in PBS (tier 4) dependent, I will complete my 2 years PBS dependent on 03/2013 & I have visa until 04/2014 & no imminent travel.

Pls explain me can I apply ILR on 03/2013 or do I need to apply for spouse visa & apply for ILR straight away.

I have read the sticky topic for long residence dependent post but I'm confused after reading the examples. So pls tell me ILR or spouse visa.

[faz28]

After reading some sticky topics I got my answer for above query. I can apply for ILR on march 2013 without needing to switch for spouse visa.

But now u have 2 questions

1. Sticky topics states PBS dependent needs to change to spouse visa before travel outside or visa expiry. My question is where does it state in UKBA website that PBS dependent needs to switch before they travel outside. I searched everywhere but can't find it. If there is no need any switch then why can't we travel outside.

2. Which form should we use for settlement. Is it Set(O)? Can't find anything in the form to state which category we are applying in?

[JAGOO]

Please put my mind to rest. Eventhough I spoke to HO, I have a confusion after reading some post here. My husband has ILR(long residence) & I'm still in PBS (tier 4) dependent, I will complete my 2 years PBS dependent on 03/2013 & I have visa until 04/2014 & no imminent travel.

Pls explain me can I apply ILR on 03/2013 or do I need to apply for spouse visa & apply for ILR straight away.

I have read the sticky topic for long residence dependent post but I'm confused after reading the examples. So pls tell me ILR or spouse visa.

1. I am exactly in the same situation as you (Husband ILR long residence and i am still on Tier 4 dependent visa).
2. I am sorry to say but you can not apply for the ILR without switching to FLR (M).
3. For long residence dependents, you will need to switch to FLR(M).
4. New rules will apply to you (Minimum income plus English requirements).

[faz28]

Please put my mind to rest. Eventhough I spoke to HO, I have a confusion after reading some post here. My husband has ILR(long residence) & I'm still in PBS (tier 4) dependent, I will complete my 2 years PBS dependent on 03/2013 & I have visa until 04/2014 & no imminent travel.

Pls explain me can I apply ILR on 03/2013 or do I need to apply for spouse visa & apply for ILR straight away.

I have read the sticky topic for long residence dependent post but I'm confused after reading the examples. So pls tell me ILR or spouse visa.

1. I am exactly in the same situation as you (Husband ILR long residence and i am still on Tier 4 dependent visa).
2. I am sorry to say but you can not apply for the ILR without switching to FLR (M).
3. For long residence dependents, you will need to switch to FLR(M).
4. New rules will apply to you (Minimum income plus English requirements).

No sorry I don't think there is no need to switch. Read http://www.immigrationboards.com/viewtopic.php?t=105162

I have PBS dependent visa until april 2014. There for I'll be eligible for ILR after completing 2 years in PBS dependent visa.

[JAGOO]

Please put my mind to rest. Eventhough I spoke to HO, I have a confusion after reading some post here. My husband has ILR(long residence) & I'm still in PBS (tier 4) dependent, I will complete my 2 years PBS dependent on 03/2013 & I have visa until 04/2014 & no imminent travel.

Pls explain me can I apply ILR on 03/2013 or do I need to apply for spouse visa & apply for ILR straight away.

I have read the sticky topic for long residence dependent post but I'm confused after reading the examples. So pls tell me ILR or spouse visa.

1. I am exactly in the same situation as you (Husband ILR long residence and i am still on Tier 4 dependent visa).
2. I am sorry to say but you can not apply for the ILR without switching to FLR (M).
3. For long residence dependents, you will need to switch to FLR(M).
4. New rules will apply to you (Minimum income plus English requirements).

No sorry I don't think there is no need to switch. Read http://www.immigrationboards.com/viewtopic.php?t=105162

I have PBS dependent visa until april 2014. There for I'll be eligible for ILR after completing 2 years in PBS dependent visa.

1. If that is the case then read the following on SET(M) guidance notes page 2 and i quote,

"FOR WHICH APPLICATIONS MUST YOU USE FORM SET(M)?
Form SET(M) must be used if you are applying for indefinite leave to remain in one of the following categories:
- spouse or civil partner of a person present and settled in the UK
- unmarried or same-sex partner of a person present and settled in the UK

You and any children under 18 applying with you must be in the UK to apply. “Partner” means spouse, civil partner, unmarried
or same-sex partner.

If you have not yet been given leave to enter or
remain as the partner of a person present and settled
in the UK, you must use form FLR(M).
If you are a national of a country from outside the
European Economic Area (EEA) and your partner
is an EEA national exercising Treaty Rights in the
UK, you should not be applying on form SET(M).
As a family member of an EEA national, you
should apply for a residence card or permanent
residence under EEA Regulations on form EEA2
or EEA4 depending on your circumstances - see
our website.

Read the bold statement and that answers your question....

Also check my post where i was given the same advice.

http://www.immigrationboards.com/viewto ... highlight=

[faz28]

Please put my mind to rest. Eventhough I spoke to HO, I have a confusion after reading some post here. My husband has ILR(long residence) & I'm still in PBS (tier 4) dependent, I will complete my 2 years PBS dependent on 03/2013 & I have visa until 04/2014 & no imminent travel.

Pls explain me can I apply ILR on 03/2013 or do I need to apply for spouse visa & apply for ILR straight away.

I have read the sticky topic for long residence dependent post but I'm confused after reading the examples. So pls tell me ILR or spouse visa.

1. I am exactly in the same situation as you (Husband ILR long residence and i am still on Tier 4 dependent visa).
2. I am sorry to say but you can not apply for the ILR without switching to FLR (M).
3. For long residence dependents, you will need to switch to FLR(M).
4. New rules will apply to you (Minimum income plus English requirements).

No sorry I don't think there is no need to switch. Read http://www.immigrationboards.com/viewtopic.php?t=105162

I have PBS dependent visa until april 2014. There for I'll be eligible for ILR after completing 2 years in PBS dependent visa.

1. If that is the case then read the following on SET(M) guidance notes page 2 and i quote,

"FOR WHICH APPLICATIONS MUST YOU USE FORM SET(M)?
Form SET(M) must be used if you are applying for indefinite leave to remain in one of the following categories:
- spouse or civil partner of a person present and settled in the UK
- unmarried or same-gender partner of a person present and settled in the UK

You and any children under 18 applying with you must be in the UK to apply. “Partner” means spouse, civil partner, unmarried
or same-gender partner.

If you have not yet been given leave to enter or
remain as the partner of a person present and settled
in the UK, you must use form FLR(M).
If you are a national of a country from outside the
European Economic Area (EEA) and your partner
is an EEA national exercising Treaty Rights in the
UK, you should not be applying on form SET(M).
As a family member of an EEA national, you
should apply for a residence card or permanent
residence under EEA Regulations on form EEA2
or EEA4 depending on your circumstances - see
our website.

Read the bold statement and that answers your question....

No I don't think we will be using set(m) form. I think it wil be set(o). Seniors should confirm this. And rather than reading the forms we should read policy laws. When PBS dependents can apply for ilr without switching to spouse visa came we thought tier(4) dependents will not be included but after talking to HO & even seniors confirmed it that tier(4) dependents is also included.

If any seniors can confirm whether my understanding or Jagoo's understanding is correct then it will put our mind to rest.

[z18runway]

4. New rules will apply to you (Minimum income plus English requirements).

new rules doesnt apply to her as she is already on PBS dependent remain in the UK

[JAGOO]

1. I am exactly in the same situation as you (Husband ILR long residence and i am still on Tier 4 dependent visa).
2. I am sorry to say but you can not apply for the ILR without switching to FLR (M).
3. For long residence dependents, you will need to switch to FLR(M).
4. New rules will apply to you (Minimum income plus English requirements).

No sorry I don't think there is no need to switch. Read http://www.immigrationboards.com/viewtopic.php?t=105162

I have PBS dependent visa until april 2014. There for I'll be eligible for ILR after completing 2 years in PBS dependent visa.

1. If that is the case then read the following on SET(M) guidance notes page 2 and i quote,

"FOR WHICH APPLICATIONS MUST YOU USE FORM SET(M)?
Form SET(M) must be used if you are applying for indefinite leave to remain in one of the following categories:
- spouse or civil partner of a person present and settled in the UK
- unmarried or same-gender partner of a person present and settled in the UK

You and any children under 18 applying with you must be in the UK to apply. “Partner” means spouse, civil partner, unmarried
or same-gender partner.

If you have not yet been given leave to enter or
remain as the partner of a person present and settled
in the UK, you must use form FLR(M).
If you are a national of a country from outside the
European Economic Area (EEA) and your partner
is an EEA national exercising Treaty Rights in the
UK, you should not be applying on form SET(M).
As a family member of an EEA national, you
should apply for a residence card or permanent
residence under EEA Regulations on form EEA2
or EEA4 depending on your circumstances - see
our website.

Read the bold statement and that answers your question....

No I don't think we will be using set(m) form. I think it wil be set(o). Seniors should confirm this. And rather than reading the forms we should read policy laws. When PBS dependents can apply for ilr without switching to spouse visa came we thought tier(4) dependents will not be included but after talking to HO & even seniors confirmed it that tier(4) dependents is also included.

If any seniors can confirm whether my understanding or Jagoo's understanding is correct then it will put our mind to rest.

1. I am confident that the form will be SET (M) for ilr (After FLR(M)) and not SET(O).
2. We will need to switch to FLR(M) as per the guidance and the forms.
3. Everybody shud pay attention towards this statement from the guidance "If you have not yet been given leave to enter or
remain as the partner of a person present and settled in the UK, you must use form FLR(M)".
4. Keeping that in mind we were given leave as a Tier 4 dependent and not as a PERSON PRESENT AND SETTLED IN THE UK and then it says if you were not given leave as the above use FLR(M).
5. I have the same response from another popular immigration forum where the senior members and the moderators said the same thing which i stated above.
6. If anybody disagree with this then please do so.

[JAGOO]

4. New rules will apply to you (Minimum income plus English requirements).

new rules doesnt apply to her as she is already on PBS dependent remain in the UK

1. We are talking specifically about Tier 4 PBS dependents and not Tier 1 PBS or Tier 2 PBS dependents where the main applicant (if meet the requirements will get ILR).

[faz28]

4. New rules will apply to you (Minimum income plus English requirements).

new rules doesnt apply to her as she is already on PBS dependent remain in the UK

1. We are talking specifically about Tier 4 PBS dependents and not Tier 1 PBS or Tier 2 PBS dependents where the main applicant (if meet the requirements will get ILR).

If u switch to Flr(m) then its set(m) otherwise its set(o).

[faz28]

No all PBS Dependents, including tier(1), tier (4).

[JAGOO]

4. New rules will apply to you (Minimum income plus English requirements).

new rules doesnt apply to her as she is already on PBS dependent remain in the UK

1. We are talking specifically about Tier 4 PBS dependents and not Tier 1 PBS or Tier 2 PBS dependents where the main applicant (if meet the requirements will get ILR).

If u switch to Flr(m) then its set(m) otherwise its set(o).

1. I know that but that does not answer the quesion we are looking for.

[JAGOO]

No all PBS Dependents, including tier(1), tier (4).

1. Whatever i am stating is according to the guidance and it is clearly stated in the guidance that we should use FLR(M) to switch and then ILR afterwards.
2. I kno our ILR period will be 2 years and not 5 years.
3. Our discussion is on whether if the spouse has completed 2 years in the UK on a PBS dependent visa and the husband/wife has got ILR on 10 years long residence basis, do we need to switch to FLR(M) or ILR.
4. If you were correct then why the guidance on the related forms have not been updated where everything else is updated accordingly?

[faz28]

"Note: There was an ambiguity (perhaps perceived) whether this rule(s) include dependant of a PBS migrant in a category that does not lead to settlement (e.g. - Tier 1 (PSW), Tier 4). Clarification on the issue has been received (as per the following post) from UKBA and it has been confirmed that all PBS dependants are included."

I have copy pasted sushdmehta post. As u can see tier(4) dependents are also included.

[faz28]

No all PBS Dependents, including tier(1), tier (4).

1. Whatever i am stating is according to the guidance and it is clearly stated in the guidance that we should use FLR(M) to switch and then ILR afterwards.
2. I kno our ILR period will be 2 years and not 5 years.
3. Our discussion is on whether if the spouse has completed 2 years in the UK on a PBS dependent visa and the husband/wife has got ILR on 10 years long residence basis, do we need to switch to FLR(M) or ILR.
4. If you were correct then why the guidance on the related forms have not been updated where everything else is updated accordingly?[/quote)

We are not going to use set(m) that's why there is no updated version in set(m). And if u read statement of changes it clearly says no need for a switch.

[JAGOO]

No all PBS Dependents, including tier(1), tier (4).

1. Whatever i am stating is according to the guidance and it is clearly stated in the guidance that we should use FLR(M) to switch and then ILR afterwards.
2. I kno our ILR period will be 2 years and not 5 years.
3. Our discussion is on whether if the spouse has completed 2 years in the UK on a PBS dependent visa and the husband/wife has got ILR on 10 years long residence basis, do we need to switch to FLR(M) or ILR.
4. If you were correct then why the guidance on the related forms have not been updated where everything else is updated accordingly?[/quote)

We are not going to use set(m) that's why there is no updated version in set(m). And if u read statement of changes it clearly says no need for a switch.

1. Can you pay attention to the 2 scenario raised by Sushdmehta and pay attention towards the wording and i quote,

Scenario 1

"A Tier 1 (PSW) migrant has been granted settlement under long residence. He has a dependant, now on FLR(M) leave, who has lived in the UK for 1 year as a Tier 1 (PSW) dependant and 1 year as spouse of settled person. Assuming all other relevant requirements are met, can the dependant now apply for settlement because requirement specified under 287(a)(i)(d) or 287(a)(i)(e), as the case may be, is fulfilled? "

Scenario 2
A Tier 4 migrant has been granted settlement under long residence. Assuming all other relevant requirements are met, can his dependant who has recently switched to FLR(M) leave and has has lived in the UK as a Tier 4 dependant for 2 years now apply for settlement because requirement specified under 287(a)(i)(d) or 287(a)(i)(e), as the case may be, is fulfilled?

Both cases (check the italic lines) says that the dependent who is now on FLR(M) leave.

Am i making a mistake in reading what was said above or you are reading it in a different way.

[faz28]

Yes I do admit examples used by sushdmehta states regarding flr(m) but I think those examples are bcoz before pbs tier(4) dependents need to switch to spouse visa so most people under PBS tier(4) dependents are in spouse visa. So clarification was needed whether PBS dependent + spouse visa will be considered for 2 years residency.

So as per my understanding I don't think switch is necessary. We can apply for ilr. When I told u I spoke to HO I spoke Mr Richard Jackson who is advisor for PBS dependent in change of statement. I told him all our details & he confirmed us there is no need to change.

And I think sushdmehta will tell us mir about the examples used. So we will be clearer about what to do now.

[JAGOO]

Yes I do admit examples used by sushdmehta states regarding flr(m) but I think those examples are bcoz before pbs tier(4) dependents need to switch to spouse visa so most people under PBS tier(4) dependents are in spouse visa. So clarification was needed whether PBS dependent + spouse visa will be considered for 2 years residency.

So as per my understanding I don't think switch is necessary. We can apply for ilr. When I told u I spoke to HO I spoke Mr Richard Jackson who is advisor for PBS dependent in change of statement. I told him all our details & he confirmed us there is no need to change.

1. I do not understand if you were so sure then why did you ask the question if you already knew the answer.
2. You wud only ask the question if there is a doubt or you are not clear.
3. Well i am going to do more research on this and will post it here.

[faz28]

Yes I do admit examples used by sushdmehta states regarding flr(m) but I think those examples are bcoz before pbs tier(4) dependents need to switch to spouse visa so most people under PBS tier(4) dependents are in spouse visa. So clarification was needed whether PBS dependent + spouse visa will be considered for 2 years residency.

So as per my understanding I don't think switch is necessary. We can apply for ilr. When I told u I spoke to HO I spoke Mr Richard Jackson who is advisor for PBS dependent in change of statement. I told him all our details & he confirmed us there is no need to change.

1. I do not understand if you were so sure then why did you ask the question if you already knew the answer.
2. You wud only ask the question if there is a doubt or you are not clear.
3. Well i am going to do more research on this and will post it here.

I asked these questions bcoz after reading ur posts and some other posts, it sometimes gets confused so if there was even 1 answer from seniors everyone in our situation will get a clear answer. Hope To get some clarification from others and yes do post if u have something.

[z18runway]

4. New rules will apply to you (Minimum income plus English requirements).

new rules doesnt apply to her as she is already on PBS dependent remain in the UK

1. We are talking specifically about Tier 4 PBS dependents and not Tier 1 PBS or Tier 2 PBS dependents where the main applicant (if meet the requirements will get ILR).

The new financial requirement for the family route will not affect those migrants working or studying under the Points Based System who are able and wish to bring a partner to the UK.

[JAGOO]

4. New rules will apply to you (Minimum income plus English requirements).

new rules doesnt apply to her as she is already on PBS dependent remain in the UK

1. We are talking specifically about Tier 4 PBS dependents and not Tier 1 PBS or Tier 2 PBS dependents where the main applicant (if meet the requirements will get ILR).

The new financial requirement for the family route will not affect those migrants working or studying under the Points Based System who are able and wish to bring a partner to the UK.

1. Thnx for the response but we are not talking about those migrants and i am aware off this rule.

[JAGOO]

Yes I do admit examples used by sushdmehta states regarding flr(m) but I think those examples are bcoz before pbs tier(4) dependents need to switch to spouse visa so most people under PBS tier(4) dependents are in spouse visa. So clarification was needed whether PBS dependent + spouse visa will be considered for 2 years residency.

So as per my understanding I don't think switch is necessary. We can apply for ilr. When I told u I spoke to HO I spoke Mr Richard Jackson who is advisor for PBS dependent in change of statement. I told him all our details & he confirmed us there is no need to change.

And I think sushdmehta will tell us mir about the examples used. So we will be clearer about what to do now.

1. I understand your point that having a 1 year visa as PBS dependent+spouse visa on (FLR(M) for 1 year will be fine for 2 year settlement requirement.
2. But that is not the issue as the problem is that we do not have leave as a spouse FLR(M) where the example was used to get the answer.
3. Perhaps the Scenario 3 is as follows and if Sushdmehta can explain the below case.


A Tier 4 migrant has been granted settlement under long residence. Assuming all other relevant requirements are met, can his dependant who has lived in the UK as a (Tier 4+PSW) dependant for 2 years now apply for settlement because requirement specified under 287(a)(i)(d) or 287(a)(i)(e), as the case may be, is fulfilled?

[faz28]

see meaning for "relevent point based migrant"

Partners of relevant points-based system migrants
319AA. In paragraphs 319A to 319K and Appendix E, 'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.


read the policy law

319E. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who is being, or has been, granted indefinite leave to remain as a Relevant Points Based System Migrant .

(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being or has been granted indefinite leave to remain.

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii).

(i) If the applicant was granted leave as the Partner of the Relevant Points Based System Migrant under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of the Relevant Points Based System Migrant, the specified period is at least 2 years.

(ii) If (i) does not apply, the specified period is 5 years, during which the applicant must have had continuous leave as the Partner of the Relevant Points Based System Migrant, and during that period have met all of the requirements of paragraph 319C(a) to (e).

see 319(c) & (i) are applicable for us.
And tier 4 dependent is included as relevent pbs dependent.

[JAGOO]

see meaning for "relevent point based migrant"

Partners of relevant points-based system migrants
319AA. In paragraphs 319A to 319K and Appendix E, 'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.


read the policy law

319E. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must be the spouse or civil partner, unmarried or same-gender partner of a person who is being, or has been, granted indefinite leave to remain as a Relevant Points Based System Migrant .

(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being or has been granted indefinite leave to remain.

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii).

(i) If the applicant was granted leave as the Partner of the Relevant Points Based System Migrant under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of the Relevant Points Based System Migrant, the specified period is at least 2 years.

(ii) If (i) does not apply, the specified period is 5 years, during which the applicant must have had continuous leave as the Partner of the Relevant Points Based System Migrant, and during that period have met all of the requirements of paragraph 319C(a) to (e).

see 319(c) & (i) are applicable for us.
And tier 4 dependent is included as relevent pbs dependent.

1. I kno and i read it as well but its the same point why both forms contradict that information which i stated earlier.
2. If that is the case and we just need to apply for ILR then does it mean we do not need to pass an english test but just Life in the UK test?
3. Moderators have not replied to the points we both made, nor anything about wat it says in the guidance.
4. The above points you made i believe is based on sumbody who switched to spouse visa and then counting 2 years (PBS dependent + spouse visa time) and not just based on time (2 years) spent as PBS dependent.
5. I am planning to ring HO and also sent an FOI request to see wat they say about it.
6. At the moment, it is confusing and not clear and i am sure even moderators on this forum are not clear on this either.
7. You can also check on the UK RESIDENT forum and many people have the same issue and the moderators and the immigration solicitors are saying the same thing which i stated above.

[JAGOO]

Very interesting information on the UKBA website which can be found here (bottom of the page).

http://www.ukba.homeoffice.gov.uk/sitec ... -migration


"If you already have leave on the basis of being the spouse or partner of a settled person, you need to meet the current rules when you apply for settlement on this basis, not the new rules outlined above"