ILR on 10 yrs long residence and Spouse applicatio

[ahz84]

Hi All,

I got a question and wondering if any one can provide answer please.

If the main applicant is granted ILR on 10 yrs basic.

does the wife/spouse has to stay in the country for 10 yrs before getting their ILR or does she has to be in UK for 5 years.
also please let me know what application form she has to fill.

Any guidance links would be appreciated.

thanks,

[Obie]

It will all depends on how long the person has already spent in the UK in a lawful capacity which will decides how long he or she has to wait before securing settlement.

If you are settled, then your spouse can go on the 5 years route (provided she has an extant leave to remain) and you meet the financial english language requirement,using form FLR(m) or she can apply on the 10 years route using form FLR(FP) under the 10 years route.

[ahz84]

It will all depends on how long the person has already spent in the UK in a lawful capacity which will decides how long he or she has to wait before securing settlement.

If you are settled, then your spouse can go on the 5 years route (provided she has an extant leave to remain) and you meet the financial english language requirement,using form FLR(m) or she can apply on the 10 years route using form FLR(FP) under the 10 years route.

Dear Obi,
My wife is in the country on TIER 1 ( general) dependent for 1.5 years.
Now I have to change my status to ILR on Long residencey as I have completed 10 yrs in UK.

According to above, you are suggesting that if i meet £18,600 for my wife. She can go on the FLR (m) 5 years route?

Please confirm.

[Obie]

How long is left before you qualify for ILR under Tier 1 General?

How long has your wife lived with you in the UK as a dependent under the PBS , including the 1.5 years as a tier 1 dependent?

She will have to start the clock again and wait for 5 years if you switch to the long residence provision.

If you stay under the PBS system, depending on whether or not she entered or received entry clearance before 9th July 2012, she may qualify under 2 years as spouse or 5 years if she applied and qualify under the rules in place after 9th July 2012.

If you continued under PBS, and obtained ILR under it, then the time already spent by your wife will be counted towards the 2 or 5 years. Otherwise she will have to start the clock again, or possibly rely on the 10 years rule aswell,

[ahz84]

How long is left before you qualify for ILR under Tier 1 General?

How long has your wife lived with you in the UK as a dependent under the PBS , including the 1.5 years as a tier 1 dependent?

She will have to start the clock again and wait for 5 years if you switch to the long residence provision.

If you stay under the PBS system, depending on whether or not she entered or received entry clearance before 9th July 2012, she may qualify under 2 years as spouse or 5 years if she applied and qualify under the rules in place after 9th July 2012.

If you continued under PBS, and obtained ILR under it, then the time already spent by your wife will be counted towards the 2 or 5 years. Otherwise she will have to start the clock again, or possibly rely on the 10 years rule aswell,

Hi Obie,

My wife entered UK under Tier 1 general dependent in May 2013- so in all she has lived in UK for 1.5 yrs approx ( all together)
My ILR on tier 1 general is due in February 2015.

So you are saying:

If I am applying ILR under 10 yrs basis- my wife has to stay on FLR ( m) for 5 yrs before applying ILR.
If I am applying ILR under 5 yrs basis ( Tier 1 General)- my wife has to stay 3 more yrs in UK as her previous time will count - before applying ILR.

Thanks,

[Obie]

That is correct.

If you apply for ILR, under long residence, your visa my probably be granted in February/ March 2015, and your wife will have to restart her clock again, and she may not qualify for ILR until 2020.

If you wait until February 2015 and apply for ILR, which you can do in January, over the counter, your wife will qualify for ILR in May 2018, rather than 2020, if you were to apply for ILR now.

It seems to me logical that you wait till 2015 January and apply for ILR and your wife later apply for extension until she has accrued 5 years of residence as the spouse of a PBS migrant.

[ahz84]

That is correct.

If you apply for ILR, under long residence, your visa my probably be granted in February/ March 2015, and your wife will have to restart her clock again, and she may not qualify for ILR until 2020.

If you wait until February 2015 and apply for ILR, which you can do in January, over the counter, your wife will qualify for ILR in May 2018, rather than 2020, if you were to apply for ILR now.

It seems to me logical that you wait till 2015 January and apply for ILR and your wife later apply for extension until she has accrued 5 years of residence as the spouse of a PBS migrant.

Thank you for the information.
regards

[ahz84]

Hi All,

I am currently on ILR for over 12 months.
I have to apply for my wife's renewal application FLR M.
Both I am my wife have LTD companies and we are the directors of our own companies.
I got 2 queries:

1) Can we combine our income from our companies to reach the threash-hold of £18,600.

2) When I will be applying for her ILR via SET (M), do I need to show all previous 5 years proof that our income was £18,600 or for just last 12 months at that time.

Appreciate if someone can help me with this.

Regards

[vinny]

On what basis did you apply for ILR?
What is your wife's current immigration category?

[ahz84]

On what basis did you apply for ILR?
What is your wife's current immigration category?

Hi Vinny,
I was on Tier 1 but while on Tier 1, I had 10 years completed in 2014. So I applied on Long residency.
My wife came as my spouse from Pakistan in 2013 as a dependent of Tier1.
I got my Indefinite in Dec 2014 and in Feb 2015, I applied for my wife's FLR M, which she got for 2.5years uptil June 17.
To my understanding my wife has to spent 5 years in UK as FLR M before she can apply for ILR ( and her period as spouse of tier 1 which was 1.5 year would not be counted towards ILR)

Hope this give the picture.