Exemptions from Financial Requirement :

[wam_khan]

Hi,

I am Applying for Mrs Flr(m). I am wondering whether we have to meet financial requirement or not or we are exempted. In Flrm guidance note, it is said

d) You must meet the financial requirement You need to meet the financial requirement if you made your first application to enter or remain here as a partner after 9th July 2012, or if your last leave was granted as a partner of a Relevant Points Based system migrant.


My wife first granted leave to remain As my dependent on points Based scheme named psw in 2010. Please respond if we are exempted or not . However last extention that my Mrs got were based on tier 1 General dependent Which is also a point Based system migration.

Please clarify what we suppose to do.


Thnx

[wam_khan]

Hi,

Just wondering whether my Mrs go for Ilr directly As She is completing her 5 years continue stay in Uk next year in August. She came in Uk 2010/August on psw dependent then switch to tier 1 general dependent and then extended As tier 1 general dependnt. So She is completing 5 years in 08/2015.

I m her main applicant on ilr now via long residency roue.

Looking forward

Thnx Vamiq

[CR001]

Because you applied for ILR based on long residency (your other post here)

http://www.immigrationboards.com/genera ... 75193.html

Your wife has to switch to FLR(M) and you will have to meet the financial requirement and she will need to meet the A1 English requirement. Her clock for ILR will also reset to zero and she will have to start from day 1 again and wait another 5 years on FLR(M) before she can apply for ILR.

She cannot use a combination of her time already here as PBS dependent towards ILR when she switches to FLR(M). The rules changed in April this year.

[vinny]

Unfortunately, correct.
I've merged your related posts.

[Obie]

Your wife could combine her time as PBS Migrant with her new period for the purpose of Long Residence.


You will need to meet the financial requirement.

If you have children, and cannot meet the Financial requirement, you may wish to consider FLR(FP)

It will not make much difference to her qualifying period for ILR, as she will qualify in 2020 anyway.

[wam_khan]

Many Thnx for response,

Couple more ,

Can we show me and my Mrs our house hold income to meet 18600 requirement or it is only earn by main applicant ?

I have a daughter and now She has applied for british passport also got naturalised in Uk. Do I still show earnings to cover her living expense or as on Flrm my Mrs is only making Application therefore requirement of financial earnings must meet only for my Mrs not daughter ?

Can my Mrs live abroad for a longer period of Time after Flrm been granted. Does her long stay abroad impact her flrm extention or Ilr afterwards ?

My Mrs still on tier 1 dependent visa however my Ilr has granted in april this year. How early She must have to switch to flrm . Her current leave is going out of date on 16/06/16.

Please respond

Regards
Vamiq

[wam_khan]

Hi,

Vinny, Cr001 and obie kindly respond to my last question

[hini_khan]

Absolutely misleading. If your wife arrive in Uk on before 2012 on dependent point base system then she can apply for ILR entirely on her basis on completion of 5 years.

[Obie]

Absolutely misleading. If your wife arrive in Uk on before 2012 on dependent point base system then she can apply for ILR entirely on her basis on completion of 5 years.

What exactly is misleading.

All the advise given to OP so far, are on point.

[wam_khan]

Hini , my wife came in 2010 As my dependent when I was on psw visa. Then I switched to tier1 and extend As tier 1 until i complete my 10 years and achieve Ilr. My Mrs has tier 1 dependent Recently extended to 16/06/2016 and yes She is completing her 5 years on her own in 2015 August . Plz confirm if She has to go for flrm or go for Ilr on her own next year.

Obie I ask last questions Which none of you bother to respond but when Hini khan used word misleading to your posts then you reacted and reply. Why you didnt get back to my few questions.

[Obie]

Some of us are busy and have our daily lives to see too. Moderators are not required to answer every post. We perform charitable duties to the forum.

Your wife can go overseas for a period but not spend excessive period there.

Any children who are British or settled do not need to meet appendix FM requirement.

Just 18.6k will suffice.

Needless to say , the only misleading and inaccurate post is from Hini Khan.

As you switched to Long Residence, your wife cannot avail herself of the right the poster in question is referring to.

[wam_khan]

Thnx obie,

Should my wife use FLRM of FLR FP. How early she has to switch once my status has changed to ILR in April this year. Many strong advices suggest that as came to Uk before 2012 as rule changed in 2012 therefore She can apply for ILR on completion of her 5 years in the country. How true it is

I didn't get what you mean by 18.6 is suffix.

Looking forward

Regards
Vamiq khan

[Obie]

Your post is getting increasingly confusing for me.

On the one hand, you have secured ILR under Long residence.

On the other hand you will be getting ILR in April, this year, but April has already passed, unless you mean April Next year.

If it is April Next year, then under what category will you be applying.

If you apply under long residence, then your wife will need to meet the 18,600 financial requirement.

[wam_khan]

Hi ,
Let me paraphrase,

My wife came to Uk in 2010 as my dependent on PSW dependent visa. Then I switched to Tier 1 general and she switched to tier 1 dependent and extended as tier 1 dependent until 26/06/2016. I just simply want to know if she can apply for her ILR on completion of 5 years in UK as dependent of mine, mind she arrived in Uk in 2010.

I am currently on ILR and achieve this via 10 years long residency route. I contacted board and some lawyers. Some said she has to apply for FLRM, some said she can apply for FLR(FP) if I want to avoid  condition of financial situation and majority said as first arrived in Uk before 2012 as rules changed in 2012 then she can apply for ILR independently on completion of five years.

As far As 18.6 is concerned this amount has to earn by just me as main applicant or this amount can be a household income.

Kindly get back to me with a response.
Looking forward

[Obie]

Do you not earn 18600 gross ? If you wife earn aswell, that can be counted.

If you obtained ILR under long residence, then your wife cannot obtained ILR via the PBS dependent Route.

Any lawyer who told you that clearly does not know what he or she is talking about unfortunately.

FLR(FP) is a 10 years pathway to ILR, whiles FLR(M) is a 5 years pathway to ILR.

For the later you will need to demonstrate the financial requirement is met. For the former, you do not, but will need to show exception 1 applies. Depending on your circumstance, your wife will have no difficulty meeting the exception 1 requirement.