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Long Residence and Points Based System Dependants:

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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

samu140
Junior Member
Posts: 82
Joined: Thu Feb 14, 2013 3:24 pm

Re: Long Residence and Points Based System Dependants:

Post by samu140 » Fri Aug 22, 2014 2:15 pm

Obie wrote:You are entitled to do that.

Are you currently working or meet the financial requirement.

If you are not she will have to rely on FLR(FP)
Thanks
Yes i am working and fulfil the financial requirement. So which form shall i go?
Flr(m) or
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Obie
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Ireland

Re: Long Residence and Points Based System Dependants:

Post by Obie » Fri Aug 22, 2014 2:36 pm

She is not a partner of a Settled person, as you have not got ILR, so she cannot apply under set FLR(M).

FLR(FP) may be your option in these circumstance, but that can no longer be varied, as your section 3C leave has expired, although a cover letter could be written to the Home Office detailing the situation of your case, and requesting they put application on hold.
Smooth seas do not make skilful sailors

Amber
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Re: Long Residence and Points Based System Dependants:

Post by Amber » Fri Aug 22, 2014 6:21 pm

If you partner is applying for ILR, then you may apply for FLR(M) asking for a decision to be made once your partner's ILR case is decided.
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samu140
Junior Member
Posts: 82
Joined: Thu Feb 14, 2013 3:24 pm

Re: Long Residence and Points Based System Dependants:

Post by samu140 » Sat Aug 23, 2014 1:04 am

Amber wrote:If you partner is applying for ILR, then you may apply for FLR(M) asking for a decision to be made once your partner's ILR case is decided.
Many thanks amber
If I got flrm then how many years I have to spend for settlement , 2 years or 5 years because I already spent around 5 years as pbs dependant
Last edited by samu140 on Sat Aug 23, 2014 1:06 am, edited 1 time in total.
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samu140
Junior Member
Posts: 82
Joined: Thu Feb 14, 2013 3:24 pm

Re: Long Residence and Points Based System Dependants:

Post by samu140 » Sat Aug 23, 2014 1:05 am

Obie wrote:She is not a partner of a Settled person, as you have not got ILR, so she cannot apply under set FLR(M).

FLR(FP) may be your option in these circumstance, but that can no longer be varied, as your section 3C leave has expired, although a cover letter could be written to the Home Office detailing the situation of your case, and requesting they put application on hold.
Thanks
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Amber
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Re: Long Residence and Points Based System Dependants:

Post by Amber » Sat Aug 23, 2014 10:04 am

Since 6 April 2014, it's a new 5 year route to settlement.
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Obie
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Re: Long Residence and Points Based System Dependants:

Post by Obie » Sat Aug 23, 2014 10:46 am

I advised for FLR (FP) as that covers a wide variety of policy.

FLR ( M) that was suggested is a good idea, but in the absence of any internal policy that binds them to do that, such application can be instantly declined as invalid , as the sponsor is not settled.

The effect of that is section 3C Is lost.

In the absence of a policy that binds them to do that, I am extremely uncomfortable suggesting that, although I will not condemn such advice. It is logical.

But par 34 of the rules seem to indicate that an application has to be valid on the day it is made and not on a later date

I have searched through but unable to find a policy or guidance that will sway my view.
Smooth seas do not make skilful sailors

samu140
Junior Member
Posts: 82
Joined: Thu Feb 14, 2013 3:24 pm

Re: Long Residence and Points Based System Dependants:

Post by samu140 » Sat Aug 23, 2014 7:39 pm

Obie wrote:I advised for FLR (FP) as that covers a wide variety of policy.

FLR ( M) that was suggested is a good idea, but in the absence of any internal policy that binds them to do that, such application can be instantly declined as invalid , as the sponsor is not settled.

The effect of that is section 3C Is lost.

In the absence of a policy that binds them to do that, I am extremely uncomfortable suggesting that, although I will not condemn such advice. It is logical.

But par 34 of the rules seem to indicate that an application has to be valid on the day it is made and not on a later date

I have searched through but unable to find a policy or guidance that will sway my view.
Many thanks' I appreciate your time you spent for me. Many thanks.
As we withdrew appeal and 3c ended , will it effect my partners 10 year long stay , because he applying under set (lr) settlement.
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Aden
Newly Registered
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Joined: Mon Feb 09, 2015 11:43 am

Re: Long Residence and Points Based System Dependants:

Post by Aden » Mon Feb 09, 2015 11:50 am

I would like to make an enquiry about a prospective ILR application for myself and my spouse. I have had to result to sending this email due to the fact that I have been unable to locate information on http://www.gov.uk about the specific details regarding my application.

Here are my (Primary Applicant) key immigration details:
Current Status: Tier 1 (General) Leave to remain
Date of First issue: 18-03-2011
Date of last renewal: 11-03-2013
Date valid till: 18-03-2016
Date of first arrival in the UK: 02-05-2005

And here are the key immigration details of my spouse:
Current Status: PBS Dependant (Tier 1) Leave to remain
Date of First issue: 17-05-2011
Date of last renewal: 11-03-2013
Date valid till: 18-03-2016
Date of first arrival in the UK: 01-09-2011

From the information submitted above, it is apparent that by 02-05-2015 I will be qualified to make an application for Indefinite Leave to Remain under the 10 year Long Residence category. By that time, my wife would have been in the country as my dependant for approximately 3 years and 7 months with about 10 months left on her PBS Dependant Leave to remain visa.

My questions are as follows:

1. If my ILR is approved for the 10 year long residency route, will my wife be also eligible for settlement?

2. If she is, when will be the best time to apply for her settlement? (Will be this at the same time as my SET(LR) application, or on receipt of my SET(LR) approval or at the end of her current PBS Dependant Leave to remain) and what form should we use for her application?

3. If she is not eligible for settlement at that point in time, what options are available to us? Will she have to wait to apply for settlement at the end of PBS Dependant Leave to remain - by which time she would have spent 4 years and 6 months in the United Kingdom.

4. If she has to wait till the end of her current visa, does that mean I have to delay my application in order to apply at the end of my Tier 1 (General) qualifying period and completely disregard the 10 Year long residency route?

I would really appreciate all the help I can get from the experts in clearing this ambiguity so as to enable up plan ahead from an informed vantage point.

Thanks,

khawar6
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Joined: Sat Jun 07, 2014 9:03 pm

Re: Long Residence and Points Based System Dependants:

Post by khawar6 » Wed Aug 19, 2015 9:47 am

Amber wrote:khawar6, were you granted leave as a PBS applicant or long residence?
It was on long residency basis.

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