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plz guide visa ending in a week.

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AMS1555
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plz guide visa ending in a week.

Post by AMS1555 » Thu Jan 28, 2016 1:43 pm

hi,

i came to uk in 2002 on student visa. i have lived here till aug 2010 legally and all appications for extension in time. i had to leave in aug 2010 and returned in june 2011 on dependent of tier 1(continous residense broken). i have been here since then as a dependant on my partner (tier1) . he got ilr (10 yrs long residency) in april 2015.

do i have to apply on flrm or i can apply for ilr.

i read somewhere on facebook about a new rule in aug 2015 but cant make any sense if it relates to me. i have 2 kids both british and born here.

please advise as to which is the best option for us.

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CR001
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Re: plz guide visa ending in a week.

Post by CR001 » Thu Jan 28, 2016 2:02 pm

You have to apply on FLR(M). You don't qualify for ILR because your partner got ILR based on long residence. There is no other option.

The rules for PBS Dependents changed in April 2014.

You also need to apply before your existing visa expires. You will need to complete 5 years on FLR(M) before you qualify for ILR (or 10 years legal residence if you reach that first).

You need English A1 test or if you have a UK degree you can use that. You/partner also have to meet the £18,600pa financial requirement.

You will also have to pay the £500 immigration health surcharge before you submit your application.

If you/partner do not meet the financial requirement, you can look at FLR(FP)
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

AMS1555
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Joined: Thu Jan 28, 2016 1:26 pm

Re: plz guide visa ending in a week.

Post by AMS1555 » Thu Jan 28, 2016 2:17 pm

Thanks for the prompt reply cr001. I really appreciate your help.

Does this connect anyway to my case as i am i applied for dependent before 2012?

https://www.gov.uk/government/uploads/s ... _final.pdf

if we do have to apply for FLR(M), under section 2.3 of the form, do we opt for first option:
"First period of leave to remain (following any initial period of entry clearance as a partner of a settled person, or following an initial period of entry clearance as a finace or proposed civil partner of a settled person - 6 months)."

Regards
z

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CR001
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Re: plz guide visa ending in a week.

Post by CR001 » Thu Jan 28, 2016 2:21 pm

AMS1555 wrote:Thanks for the prompt reply cr001. I really appreciate your help.

Does this connect anyway to my case as i am i applied for dependent before 2012?

https://www.gov.uk/government/uploads/s ... _final.pdf
No, you are no longer covered by the transitional arrangements because your partner applied for ILR based on long residence and you have not switched to FLR(M) before 6th April 2014.

if we do have to apply for FLR(M), under section 2.3 of the form, do we opt for first option:
"First period of leave to remain (following any initial period of entry clearance as a partner of a settled person, or following an initial period of entry clearance as a finace or proposed civil partner of a settled person - 6 months)."
2.3 you select option 2.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

cyborg001
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Re: plz guide visa ending in a week.

Post by cyborg001 » Thu Jan 28, 2016 3:28 pm

They overlook a period of up to 28 days overstaying after your visa expires so you can apply until visa end date + 28 days but if refused in those 28 days then you lose any right of appeal!

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