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ILR applications for PBS deps - spouse long residence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

vinny
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Re: ILR applications for PBS deps - spouse long residence

Post by vinny » Tue Mar 03, 2015 9:15 am

An alternative is FLR(FP).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Channa
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Re: ILR applications for PBS deps - spouse long residence

Post by Channa » Tue Mar 03, 2015 10:39 am

Hi Vinny thanks for your reply. So when and how should I apply under this category? So if I appeal on the basis of same ground, then I prob have to wait for appeal date or something. So my question is do I have to wait until the baby is born to apply under FLR(FP)? Appreciate your help and guidance. Many thanks

Obie
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Ireland

Re: ILR applications for PBS deps - spouse long residence

Post by Obie » Tue Mar 03, 2015 11:56 am

Well perhaps by the time your appeal is heard, your baby will be born and will be British, and this will exempt you from the financial requirement.
Smooth seas do not make skilful sailors

sq
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Re: ILR applications for PBS deps - spouse long residence

Post by sq » Sun Mar 08, 2015 1:11 pm

Please need help for senior member,

I got my ILR on 10 years basis in june 2013; my wife got flr(M) in august 2013 which expired in august 2015 they granted visa only for two years. My wife came to UK in Feb 2010 on tier1 general dependant visa, she lived with me around 5 years. Now my questions is she can applied ILR or need to apply one more extension, bcoz initially she got only 2 years visa for flr m.

Tnx for ur help

vinny
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Re: ILR applications for PBS deps - spouse long residence

Post by vinny » Thu Mar 26, 2015 11:44 pm

sq wrote:Please need help for senior member,

I got my ILR on 10 years basis in june 2013; my wife got flr(M) in august 2013 which expired in august 2015 they granted visa only for two years. My wife came to UK in Feb 2010 on tier1 general dependant visa, she lived with me around 5 years. Now my questions is she can applied ILR or need to apply one more extension, bcoz initially she got only 2 years visa for flr m.

Tnx for ur help
She may apply for SET(M) probably now, before the fees increase.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

kapil2u4
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Re: ILR applications for PBS deps - spouse long residence

Post by kapil2u4 » Mon Apr 06, 2015 8:27 am

I have just receive my ILR on Long Residences(10 years route). My wife is on tier 1 General dependent visa from last four years. Do i have to apply FLR M. or Set O or PBS Dependent extension.

If i have to apply FLR M for her. Her earning are £12762 and Mine £5128(wage slips) so total £17890 As i am salaried Director i have some cash income between April 2014 and August 2014 as i started taking salary(wage slips) from Aug 2014. if my accountant give me unaudited account report then i reach more than £18600.

My wife is working with same employer more than 12 month and I have my company set up more than 12 month as well.

thanks.

vinny
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Re: ILR applications for PBS deps - spouse long residence

Post by vinny » Mon Apr 06, 2015 1:03 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

kapil2u4
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Re: ILR applications for PBS deps - spouse long residence

Post by kapil2u4 » Tue Apr 07, 2015 7:01 am

thank you Vinny

As i ask financial requirement my wife is on salaried and i am company director so can we combine financial requirement. I have salary plus cash income which my accountant can give me unaudited report.

which category to tick A salary Wife and Mine and B my cash income. So can i combine A and B category.

thank you for our help

shan79
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Re: ILR applications for PBS deps - spouse long residence

Post by shan79 » Tue May 12, 2015 4:57 pm

Hi Cable,
I am very interested in the outcome of your case...can you please update us on this thread?
Many Thanks,

hapoo
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Re: ILR applications for PBS deps - spouse long residence

Post by hapoo » Sun May 17, 2015 11:08 am

Hi,

I got my ILR (LR) on 15/5/2015. and now want to apply for my wife visa which will be FLR(M) as she is PBS dependant since 2009.

The minimum income required is £18600.

is it before TAx or after Tax?

On the form it says before TAX

please someone can advise on it as my salary is £18700 which is Gross

thank you for your help

hapoo
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Re: ILR applications for PBS deps - spouse long residence

Post by hapoo » Sun May 17, 2015 3:18 pm

hapoo wrote:Hi,

I got my ILR (LR) on 15/5/2015. and now want to apply for my wife visa which will be FLR(M) as she is PBS dependant since 2009.

The minimum income required is £18600.

is it before TAx or after Tax?

On the form it says before TAX

please someone can advise on it as my salary is £18700 which is Gross

thank you for your help
please ignore this, thanks

m8madhav
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Re: ILR applications for PBS deps - spouse

Post by m8madhav » Fri May 29, 2015 11:53 pm

Hi Amber,

It is really nice to your posts on this bolgs and it is really much helpfull for the immigrants who is looking for some sort of soultions like this.

My name is Madhava Lekkala, am going for ILR in next month(june 2015) , my wife came to this country in Aust 2011 as my tier1 dependent and she went back to my home country India due to her pregnancy on 2012 Janury. during her stay in india her VISA was expired and we applied for new entry from india on Septemeber 2013 and she got VISA again she came to UK to accompany me on sepetember-2013.This is the history.

Now i have following questions: Can you please help me if you know answers to the below questions.

1.As my wife enter into as First entry clearance on 2011 will she fall into 2 years of prohibition period?If not ? why ? because I have followed up UKBA immigration rules documents in gov.uk site and there are is no rule specified that if Tier 1 partner hass a gap in her stay or applied for 2 entry clearances then they will take the latest entry clearance as their reference point to put new rules to applicant.

I have seen only the rule that if partner enter into this country before 9th july-2012 the she will fall under 2 years prohibition period. and If partner on after 2012 9th july then 5 years , but nowhere specified that if partner enter into this country before 2012 and partner went back to home country and again if parter had new EC on after 2012 july then she/he might not eleigible-this rule i haven't seen. But in your blogs as you have specified this? If you know what section states this rule can you please provide me the link?


2. In worst scenario if my partner is not eligible then what is the best solution will you provide me? because my partner has Valid dependednt VISA until 2017 April-01. Me i am going for ILR next month. Once i get my ILR will my partner VISA void? or it will be continued?

3.If my partner VISA is valid unti 2017 April- then my partner will complete only 4 years of her stay here still she need to complete one more year as per new rules. So, how can i apply for her one more year stay? Do you recommend me to gor FLR(M)?

4.As you spcpefied If partner apply for FLR(M) then his/her previous stay will be void and it will start from ZERO which mean again my partner need to stay another 5 more years to apply for her ILR? If this rule is correct then i didn't see any section for this rule, will you help in providing link for this rule.

in transition rules i have seen Section 319(C)(iii) (1)(2) says that if main applicant is british citizen or settller then if partner is not eligible for ILR then he/she can go for FLR(M) but no where specified that his/her previous stay can carry forward for ILR or the clock will reset to ZERO. If you have a link can you please pvovide me the link where it shows that particular rule?

5.If i get my citizenship next year will i be able to apply for citizenship to my daughters as per new rules or will i need to wait until my wife get ILR? to apply citizenship for childrens will both parents should be citizens?

Thanks
Madhava

kpatel
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Re: ILR applications for PBS deps - spouse long residence

Post by kpatel » Mon Jun 08, 2015 11:41 am

aurnoc wrote:
aurnoc wrote:
mustansir wrote:Hi All
i wonder if someone can answer these questions

what changes has taken place for dependents, do they have to be in UK with main applicant (10 year route) for more the 5 year or can They apply without any time constraint and is it compulsory to change the status of dependent within 28 days of receiving 10 year long residence ilr even if they have a valid leave to remain left
if someone can answer these queries i would be grateful

Thank You
Main applicant is granted ILR on 10 year basis, then under new rules their dependent has to complete 5 years on FLR M and then apply for settlement. Previous stay in UK will not count and settlement clock is reset for further 5years from the date FLR M is approved.

The 28 days is not mentioned however all discussions on this forum conclude its best to switch as early as possible.

Thanks in advanced.




Members of this forum who have been affected by this new rule are discussing ways of challenging it. Please join us on our page:

https://m.facebook.com/groups/716996288 ... up_comment
Hi Friend,

Does any thing changed since above statement. "Main applicant is granted ILR on 10 year basis, then under new rules their dependent has to complete 5 years on FLR M and then apply for settlement."


I am planning for future because i will have same issue in nearer future.

cabel
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Re: ILR applications for PBS deps - spouse long residence

Post by cabel » Wed Jul 08, 2015 5:56 pm

Hello All..

Someone can help please!

I applied ILR for my wife in croydon POE Feb 2015, caseworker decided she's not eligible and she has to wait 5 more years to qualify ILR.I already posted the full history on this forum and received advice from Vinny and other Gurus. Thank you guys for that :)

I was told to write a letter to case worker to reconsider the application so I did, wrote letter on 4/3/2015 also requested for refund, later received refund.

Today, 8/7/2015 someone from home office called my wife stating she does qualify and she just need to do payment at croydon POE, Unfortunately she's a bit panic and failed to ask further details..I wonder I should book an appointment along with new application form or any other way to get this done? Please advice, you guys are always very helpful to me :)

sobia
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Re: ILR applications for PBS deps - spouse long residence

Post by sobia » Wed Jul 22, 2015 9:35 am

Hi all
My husband got his ilr on 10 year basis 8yea student+2year psw and i got my flrm 2 year spouse visa in 2013 my question is when I eligible for my ilr i came to this country in 2007 as a student dependent 5 year student dependent and 2 year psw dependent could u plz help main when I eligible for ilr
Many thanks

vinny
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Re: ILR applications for PBS deps - spouse long residence

Post by vinny » Wed Jul 22, 2015 10:25 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sobia
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Re: ILR applications for PBS deps - spouse long residence

Post by sobia » Thu Jul 23, 2015 2:42 pm

Hi
Still bit confusing could u plz tell me if someone come to uk as a dependent before 9 july 2012 then dependent eligible to apply ilr after 2 year or 5 year rule

Kartal23
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Re: ILR applications for PBS deps - spouse long residence

Post by Kartal23 » Fri Jul 24, 2015 1:58 pm

Hi every one. I have got ILR through 10 years route . I had Turkish worker visa before that. So my wife has got Turkish worker depandant visa. Her visa expired 2017. So is there any time limit for my wife to change her visa because of me ?

Kamranijaz
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Re: ILR applications for PBS deps - spouse long residence

Post by Kamranijaz » Thu Sep 17, 2015 3:15 am

Hi guys,

First of all its a very good blog to get information regarding
Immigration matters.

I am having a similar type of problem for my wife visa.
Just a little overview about her status in uk.

She came on student dependent in Nov 2009
2010 she switched with me on psw

And then 2014 tier 1 enterpreneur dependent as my visa was refused and I win it in court.

Now I got my ILR long residence in Aug 2015

My question is does she still comes under before 9 July 2012 rules and I need to apply flr for settlement or I need to apply set M and she has to go to 5 year rules

I really appreciate your help

Thanks
Kamran

vinny
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Re: ILR applications for PBS deps - spouse long residence

Post by vinny » Thu Sep 17, 2015 3:22 am

5-year route.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

cabel
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Re: ILR applications for PBS deps - spouse long residence

Post by cabel » Wed Oct 07, 2015 8:54 pm

vinny wrote:Apply for a reconsideration.

I wrote letter for reconsideration and successfully granted ILR for my wife and child.

Great Forum and Thanks Vinny

vinny
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Re: ILR applications for PBS deps - spouse long residence

Post by vinny » Wed Oct 07, 2015 9:18 pm

Congratulations! Glad to help. Thanks for letting us know.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

kajis
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United Kingdom

Re: ILR applications for PBS deps - spouse long residence

Post by kajis » Sun Jan 31, 2016 5:01 am

Hi vinney,
i hav got ILR (LR) , i need to change my wife visa status to ILR dependant , she is on Tier 1 untill june 2016.
just wonder which form i have to use Set M, or Flrm? as she is here with me since aug 2010 . bit confusing about the pre july rules.. advise me please
thanks
syed

vinny
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Re: ILR applications for PBS deps - spouse long residence

Post by vinny » Sun Jan 31, 2016 5:10 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

imranmohammed14
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Re: ILR applications for PBS deps - spouse long residence

Post by imranmohammed14 » Sun Jan 31, 2016 1:37 pm

I have recently got ILR 10years long residency, I have my dependents, my wife and 2 children,I was well prepared with income as required through my ltd company but things look a bit confusing dividends wise, option wise my simple question is

1. What if I don't have income , I heard flr(fp) is the option.
2. If flr(fp) is the option than how is it different to flr(m).
3. Can I apply on peo for flr(fp)
3.can I vary from flr(fp) to flr(m) when iam ready financially, I don't mind paying twice if it's worth.

Your reply is always appreciated.

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