dependant visa

[ashkitty]

I have been in the UK since the past 6 years, mostly on a student visa. This year in Feb 2012, I switched to my husband's dependant visa, which expires in March 2013. He is now going to apply for his ILR this month.

1. Can I apply for any ILR with him? Although right now I have not completed the 2 year marriage period required, by the time my visa expries, I would have completed this period.

2. if not, will I have to apply for another leave to remain and then re-apply when I have completed the 2 year period?

3. In order to extend my current leave to remain as his dependant, will I have to use the FLR(M) form or the SET (M) form

looking forward to a speedy reply...we are planning to get a date in the next couple of days ...

Thanks a ton

[geriatrix]

Since when have you two been living together?

[Lucapooka]

1. No, you need to wait until you have been married for two years.

2. That depends on whether your current leave will expire before your 2nd wedding anniversary.

3. If you do need to extend, it would be with FLR(M)

[geriatrix]

1. No, you need to wait until you have been married for two years.

What if they have been living together before getting married? Won't that period not be counted just because they were not married.

3. If you do need to extend, it would be with FLR(M)

Not necessarily.

[ashkitty]

Since when have you two been living together?

we have been living together only since july end this year

[ashkitty]

we got married in Fen 2011 and have been living together since July this year. This was only because I was studying in Manchester until then. The visa runs out in March and by then we would have been married for 2 years, though we would have to apply for the ILR before then. Can I then with him? please advise...

[geriatrix]

1. For simplicity I would say no. Not that it is not possible but you'll need to provide evidence of travel to see each other, cohabitation etc. during the short periods you may have been together while you were a student and also a detailed explanation of your circumstances.
2. Assuming your spouse is applying for settlement as an economic migrant, read Dependants of ILR (economic, 5 year route) applicants.
3. Same as above.

[ashkitty]

Hello guys and gals,

thanks for your speedy reply. I very much appreciate it.

as it now seems from your replies, I will have to apply for a leave to remain for the time being rather than the ILR. This, as you have indicated will have to be done using a FLM (M) form and I sense this will be only after my hubby gets his ILR.

however the ILR may take time and both our visas expire together. hence is it alright to apply for a leave to remain as his dependant along with him, where he is the main applicant applying for ILR and I am his dependant applying for an extention in my leave to remain.

Many thanks...another fast reply would be great, since appointment is still pending till this issue is resolved.

[vinny]

Hello there,

I am currently on a tier 1 dependant visa due to expire very soon. My husband recently got his ILR visa and I hence need to now switch from a tier 1 dependant visa to an ILR dependant visa. can you please advice me on the following:

1. Can I apply for this switch from within the country
2. which form do I use? (FLR-M)
3. If I apply for this switch, can I continue to work while my visa is being considered. I need to know this especially since the my husbands tier 1 visa on which my dependant visa was based is no longer valid, now that he has an ILR.

ILR through long residency does not make dependents qualify for ILR so you will have to either switch on FLR (M) or if main applicant was on T1G then you can continue to get extension as PBS dependent until you qualify for ILR and I will recommend you later way

Please read this link

http://www.ukba.homeoffice.gov.uk/visas ... ependants/

Thank you Ali for your reply and the link. However, I am already aware of the information provided in the link and with that you provide in your answer as well. my main questions still remain unanswered. maybe the folloing will help you understand my problem better.

1. I know that I do not qualify for an ILR because my husband got it.

2. However, because he no longer hold the tier 1 visa on the basis of which I was granted my dependant visa, I am wondering if my visa becomes invalid, hence not allowing me to work till I get my visa sorted !!!???

3. Can I apply for on FLR-M form from within the UK?

ILR through long residency does not make dependents qualify for ILR so you will have to either switch on FLR (M) or if main applicant was on T1G then you can continue to get extension as PBS dependent until you qualify for ILR and I will recommend you later way

Please read this link

http://www.ukba.homeoffice.gov.uk/visas ... ependants/

[vinny]

As already answered, you should not switch to FLR(M), unless your husband had applied for ILR under Long residence. So, if he was granted ILR under Long Residence, then you may switch to FLR(M), else apply for (Further or Indefinite) Leave to Remain as a PBS dependant, as appropriate.

If you make a valid in-time application, then you may continue to work. However, a problem is that the UKBA may be unable to confirm your right to work.