ILR - PBS Dep - FLR(M) Route Update

[Kallmay]

Thank you very very much Amber.

[Kallmay]

Hello Amber here is the respond from ukba. Please explain. Thank you.I cannot advise on individual cases, but anyone who has been granted further leave to remain as the spouse of a settled person can apply for settlement under paragraph 287 (a)(i)(a) of the rules.  The qualifying period for settlement under this paragraph is 2 years from the date they were granted further leave to remain in this category.  They cannot therefore amalgamate previous leave towards this 2 year period.
 
287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:

(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom
 
I trust this answers your question.

[Amber]

The dingbat have quoted the wrong rule. However, the rules haven't yet changed so you're ok if you do it soon. I would book your peo and get it out the way.

[Kallmay]

Ok thank you Amber.

[fannofler]

Hi all - very useful info on this forum.

Can someone clarify that this potential rule change being discussed here is relevant to dependents on PBS Dependent/FLR(m) where the main PBS applicant was not on route to settlement ONLY. This would not apply to TIER 1 General and their dependent for settlement.

thanks

[Koomal]

Ok thank you Amber.

Hi Amber,

I am new to the forum.

You are a great help to all .

Please help me.

My husband got his ILR on the basic of 10year LR on 30/9/2013
My Visa Status is PSW(dependent) May2009 - Dec 2009
Tier-1 general(dependent) - Jan 2010 - Dec-2014.
My Queries are
1) Can I apply for ILR with SET(m) or do I need to use FLR(m) = > SET(m) ?
2) What is the 2 year qualifying period every one is talking about?
3) My baby is due next month, will the baby get UK citizenship, as my husband is on ILR?

I have passed my Life in UK test, so want to apply before the new English language requirement comes after couple of weeks.

Please Help

Thanks and Regards
Koomal

[Amber]

That's right fannofler.

Ok thank you Amber.

Hi Amber,

I am new to the forum.

You are a great help to all .

Please help me.

My husband got his ILR on the basic of 10year LR on 30/9/2013
My Visa Status is PSW(dependent) May2009 - Dec 2009
Tier-1 general(dependent) - Jan 2010 - Dec-2014.
My Queries are
1) Can I apply for ILR with SET(m) or do I need to use FLR(m) = > SET(m) ?

Flr(m) then set(m). do it ASAP.

2) What is the 2 year qualifying period every one is talking about?

Must have lived in the UK for 2 years as the spouse, civil partner or akin. thus cohabitation proof is required.

3) My baby is due next month, will the baby get UK citizenship, as my husband is on ILR?

Yes if born in the UK.

I have passed my Life in UK test, so want to apply before the new English language requirement comes after couple of weeks.

Apply soon peo for Flr(m) then post or peo for set(m) before 28-October 2013.

Please Help

Thanks and Regards
Koomal

[Koomal]

That's right fannofler.

Ok thank you Amber.

Hi Amber,

I am new to the forum.

You are a great help to all .

Please help me.

My husband got his ILR on the basic of 10year LR on 30/9/2013
My Visa Status is PSW(dependent) May2009 - Dec 2009
Tier-1 general(dependent) - Jan 2010 - Dec-2014.
My Queries are
1) Can I apply for ILR with SET(m) or do I need to use FLR(m) = > SET(m) ?

Flr(m) then set(m). do it ASAP.

2) What is the 2 year qualifying period every one is talking about?

Must have lived in the UK for 2 years as the spouse, civil partner or akin. thus cohabitation proof is required.

3) My baby is due next month, will the baby get UK citizenship, as my husband is on ILR?

Yes if born in the UK.

I have passed my Life in UK test, so want to apply before the new English language requirement comes after couple of weeks.

Apply soon peo for Flr(m) then post or peo for set(m) before 28-October 2013.

Please Help

Thanks and Regards
Koomal

Many Thanks Amber,

With your help I got the clear understanding now.

I will apply for FLR(m) asap, the only problem I have realised that I need English language requirement for the FLR(m)

What is your suggestion ?

Thanks and Regards
Koomal

[Amber]

For FLR(M) the English requirement is A1, do you have a degree taught in English?

[fannofler]

Thanks Amber

That's right fannofler.

Ok thank you Amber.

Hi Amber,

I am new to the forum.

You are a great help to all .

Please help me.

My husband got his ILR on the basic of 10year LR on 30/9/2013
My Visa Status is PSW(dependent) May2009 - Dec 2009
Tier-1 general(dependent) - Jan 2010 - Dec-2014.
My Queries are
1) Can I apply for ILR with SET(m) or do I need to use FLR(m) = > SET(m) ?

Flr(m) then set(m). do it ASAP.

2) What is the 2 year qualifying period every one is talking about?

Must have lived in the UK for 2 years as the spouse, civil partner or akin. thus cohabitation proof is required.

3) My baby is due next month, will the baby get UK citizenship, as my husband is on ILR?

Yes if born in the UK.

I have passed my Life in UK test, so want to apply before the new English language requirement comes after couple of weeks.

Apply soon peo for Flr(m) then post or peo for set(m) before 28-October 2013.

Please Help

Thanks and Regards
Koomal

[wowboy]

Hi,

Please senior members your help greatly appreciated.

My application for ILR (10years) currently under process, my wife and 2 kids are on Tier1 G dependant which expiring in 2015.
My wife entered as PSW Dependant in 2008 then Tier G1 dep. since 2010 so old 2 year rule apply.

1-I'm really confused, we want to apply for my wife FLR(M) and as soon as she gets it she'll apply SET because she will have been in UK over 5 years. I didnt know there was maintenance requirement? How much maintenance does she need to show when applying for FLR(M). It says " You and/or your settled partner must demonstrate that you and/or they can cover your living expenses without recourse to public funds in the UK for 2 years"? But there's NO accurate amount is shown, or is it income we need to show?please correct me if this is irrelevant in my situation.

2- She will apply for FLR(M) and then SET(O), does same process apply for my UK born children as well, I know I can register to British Nationality, I'm afraid this is not an option for me I need my children to have my country citizenship first.
So if I want my children to have just ILR should they also apply to FLR then SET or Can they apply straight to SET because they are under 18 and born in UK.

3- We have travel planning next year. In order save time I had following in mind: My ILR under process but have got ref number, based ref number I want to apply via post for my wife FLR and kids SET, so case worker can consider their application straight away after making decision on mine? Please correct me if I'm doing right thing.

I'm sorry if i'm asking same question which was asked before by other people I just cannot get right understanding...

Many thanks in advance.

[Amber]

wowboy Please continue in your other thread

[huqqapani]

Can some one please confirm whether or not 'relevant PBS dependent category' includes Work Permit dependent ?

I am awaiting the outcome of my ILR Long residence application. My wife (currently on Tier 2 dependent visa) originally came to UK in June 2011 as Work Permit dependent (as i was on WP at that time) which expired December 2012. We were on Tier 2 from then on before i applied for ILR in July 2013.

Please confirm whether she can apply for settlement or FLR(M) first? I find the rules very confusing on this.

[Amber]

It includes a Tier 2 dependent. FLR(M) first.

[neverbackdown]

hi guys,
just wanted to check something. i switched from PBS Tier 1(gen) to ILR in june this year on basis of long residency. my wife has been living with me since may 2011 as PBS dependant. she hasnt ever had a job. can you please help me on following queries
1) does my wife have to use flr (m) form to switch her visa
2) what supporting documents do i need along with the application form
3) is it possible for my Mrs to apply for settlement visa directly instead of applying for flr (m)
4) if yes for Q3, what documents do i need to provide.

much appreciated
regards

[Amber]

1. Yes including an A1 English requirement.
2. See here.
3. No, but when she's granted FLR(M) she should be able to apply for SET(M) immediately by virtue of rule 287(a)(I)(d) subject to the other requirements including KoLL - life in UK and after 28-October-2013, B1 English.
4. For SET(M) see here.

[aurnoc]

My hubby qualifies for 10yr settlement in jan 2014. He is currently on Tier 1 gen visa. Applying using SET LR form.

I came as Dependent of Tier 1 in Sept 2011. 2 years completed in Sept 2013. Current visa expires in Feb 2015.

Can i apply with him, using form FLR M and after that, use SET M? or shud i use SET M directly for my ILR? And can v apply together his SET LR and whichever form for me?

Hubby spoke to a lawyer who said that I cannot apply with him. From my understanding of discussions on this forum, I believe I can apply with him for FLR M and then apply SET M after that. Please guide me. Thanks alot.

[Amber]

Your understanding appears correct, applying for FLR(M) and asking for a decision to be made subsequent to your husband's, you can wait until his ILR is granted and then apply before your current leave expires for FLR(M) if you so desire.

[aurnoc]

Thank you for the prompt reply, Amber. I will convince him to apply together, in which case my another query is:

The FLR M form has this Your partner’s current passport or travel document showing that he/she is present and settled in the UK. If you
are unable to provide this, see Note 6 about other suitable documents. List any such documents below.


What will I be able to state here? As our forms will be submitted by post, will I have to include the tracking number?

[Amber]

You could wait until he is granted ILR. However, just write a cover letter with the FLR(M) application stating the circumstances - asking for a decision to be made after his.

[neverbackdown]

hi there,

I am planning to apply ILR for my Mrs using Set(M) as per your previous advice, however i am struglling a bit in terms of documents as proof of cohabitation. can we use previous letters from UKBA (Biometric invitations for previous applications) as one of the sources for proof of cohabitation

Thanks & Regards

[Amber]

I assume your spouse has FLR(M). Yes Home Office letters can be used as one of the 3 sources.

[t2ictilr]

Dear All,
I have an ILR since Oct 2012.
My wife is on Tier2 PBS since Dec 2009 and has almost spent 4 yrs in UK and was not on my dependent visa since Dec 2009. Earlier in 2008 she came to UK on dependent visa for 3 months (Feb08 to May08) and also was on Tier 2 visa for 4 months (Sep 2008 - Jan 2009)

My question to the group is
1. Can we apply for ILR for my wife now directly. She never being a dependent on me since last 4 yrs?
OR
2. Does she need to become a dependent first and then after completing total of 5 yrs in UK, can she apply ILR?

What is the route for us?

thank you

[vinny]

t2ictilr,

Please continue in the existing topic.

[JShah]

Hi All,
My wife is on PBS dependent visa(she has already completed 2years but does not meet English Language Requirements), I m on ILR.
I have to extend her visa soon, but I m confused whether I should use FLR(M) or extend her visa as a PBS dependent again.
If I use FLR(m), will she be able to apply for ILR as soon as she meet English Language requirement. Her 2 years PBS dependent visa was granted in Dec 2011.
Plz assist me in this matter, I would be greatful.

Regards