ILR and dependant of ILR

[aneerkadir]

Hi,

Thanks for the support gave while i tried my Tier 1 extension 2 years ago, its that time gain which comes in every imigrants life but this time its ILR.

This is my situation

My details
Aug 2006 - feb 2008 - Student
feb 2008 - feb 2010 - IGS/PWS
feb 2010 - feb 2015 - tier 1

dec 2011 - married

Wife's details
sep -12 - feb 2015 - tier 1 dependent

I am applying for ILR next month,

I did my masters in England do I still need to show my English skill proof?
what visa will my wife be eligible for?
Does she have to write life in UK test and does she need to take English test as she already shown it for her Tier 1 dependent visa?

Thank you for the continued support

Kind regards

Aneer Kadir

[vinny]

UK master's degree should be okay for B1 English language.

When did your wife apply for leave in 2012?

[aneerkadir]

UK master's degree should be okay for B1 English language.

When did your wife apply for leave in 2012?

My wife got visa on sept 20012 it is after apr 2012 rule change.

what visa will my wife be eligible for? - is it FLR M -
Does she have to write life in UK test and does she need to take English test as she already shown it for her Tier 1 dependent visa?

Thank you for your response, much appreciate it.

Thank you

Aneer Kadir

[s1344678]

My wife got visa on sept 20012 it is after apr 2012 rule change.

what visa will my wife be eligible for? - is it FLR M -
Does she have to write life in UK test and does she need to take English test as she already shown it for her Tier 1 dependent visa?

Thank you for your response, much appreciate it.

Thank you

Aneer Kadir

https://www.gov.uk/life-in-the-uk-test/overview states that everybody must pass the Life in the UK test (aged 18+). You only have to pass once. This is compulsory if you want to apply for ILR/British Citizenship.
I can advise you to prepare using https://lifeintheuktests.co.uk/ . As you will see the test is not hard, especially for people with degrees.

[CR001]

it is after apr 2012 rule change

The rules changed in July 2012. Vinny is asking when did she APPLY for the visa.

[vinny]

See also Switching from Tier 1 Dependent Visa to FLR(M).

[aneerkadir]

See also Switching from Tier 1 Dependent Visa to FLR(M).

Thanks for the response vinny.
But your resent post with the link) blown me away and I think I am totally confused now. Sorry for the trouble.

As I mentioned I will be applying for my ILR next month (Jan 2015) my Tier 1 general expires on 4th feb 2015. I am clear on my ILR rules and regulations but I am confused which visa my wife should get.

Currently she is in tier 1 general dependent and her dependent visa expires on 4th Feb 2015 (she got her tier 1 general dependent on August 2012). After I get my ILR (fingers crossed ), can she still extent her Tier 1 general dependent visa? OR she need to switch to FLR(M)?

Please advise.

Thank you

[haiksuresh]

Hi aneerkadir,
The dependents who came before 9th July 2012 they need to stay 2 years to apply ILR when the partner was eligible for ILR. But you mentioned that your wife came sep -12. So she need to wait 5 years to get eligibility for ILR. But if she applied her dependent visa before 9th July 2012 and you have a proof that you applied your application before 9th july then you and ur wife both can go on the same day for ILR.

But consider your wife applied later 9th july 2012, then she need to wait for another 3 years to qualify i.e if she was in the same pbs dependent visa. But you have both options to apply pbs dependent visa i.e 1600 £ and also flr (m) which costs 800+ £. But if you choose flr(m) then she will be eligible for ILR some time in 2020, because her visa status was changed and she need wait another 5 years. But if you extend her stay as pbs dependent then she need to wait another 3 years to qualify.

I believe this will clarify your doubt. experts will give you more on this.

REgards,
Suresh

[janinah]

Hi Suresh !
Thanks for your help.

My situation also little bit same...

I am in UK from Aug'05 and will apply for ILR for long resident way on Aug'15. Now i am bit confused about my wife. My wife came in UK May 2010 as Student dependent. Then she Renew her visa as PSW dependent in Oct'11. Finally, as Tier 2 dependant in Sep'13. Current on that visa which will be expired in December 2016. Now, my question when i will apply for ILR, what should she needs to do ? When she can apply for ILR ? She with me in UK as my dependant for more than 5 years in deferent deferent PBS dependant visa. I am totally confused abiut 2/5 years and july'12 rules change. Could you guys help me out:..... Thanksssss

[vinny]

I am in UK from Aug'05 and will apply for ILR for long resident way on Aug'15.

No choice for spouse.

[awnishupadhyay]

Hello All,
Need some help from you experts

My wife is in UK as Tier -1 general Dependant visa which expires on 04/01/2015.
And I got my ILR (08/12/2014) through premium service.

My wife Visa details:
Entry as a Student in UK: 01/10/2006
1st PSW visa: 01/12/2007
2ns PSW Visa: 01/12/2008
Tier 1 General: 01/12/2009
Tier 1 Expiry: 01/12/2012

She was on maternity and Due to certain unavoidable circumstances, she had to apply as my dependent, so she went to India on 22/11/2012 and applied as Tier 1 Dependent

PBS Dependent Visa granted:17/01/2013
Entry to UK; 22/01/2013
Expiry Date: 04/01/2015

My wife got the entry clearance visa after July 2012, she will not complete qualifying 5 year residential period. I think she only needs another 17 months to qualify for settlement (ILR) through 10 years long residency route. Please correct me if I am wrong. If I apply through FLR M, as mentioned it might reset her stay as a dependent. But if she is eligible for ILR through long residency then it does not matter or Is it?

Please advise on which visa do I have to extend her stay (PBS Dependent Visa or FLR (M)) ?

she is meeting requirements for both applications.
1. we have funds maintained 695 for more than 90 days period.
2. Masters degree from Uk - English Language requirement proof
3. Income proof incase of FLR - more than £18,600.

Any help is greatly appreciated. Please can you advice me? or direct me to a post which I might have missed and relates to the same situation as mine

Thanks,

Awnish

[vinny]

Her choice. She may also subsequently apply for SET(LR) when she qualifies, possibly 28 days prior to 01/10/2016.

[Venkat79]

Hi All,

I need your advise.
My wife was granted 'Leave to Enter' as Tier-1 Dependent in India in August 2012. She travelled to UK in April 2013.
I applied for ILR through Tier-1 route last month and was granted the same.

We are planning for a holiday abroad in February 2015. Just wanted to check whether she needs to get an ILR dependent visa (haven't checked which form yet) prior to travelling abroad in order to return to UK after the holidays? Or, is her current visa which is valid till June 2015 is still fine even though I have switched from Tier-1 to ILR?

Thanks,
Venkat

[vinny]

Should be fine.

[janinah]

I am in UK from Aug'05 and will apply for ILR for long resident way on Aug'15.

No choice for spouse.

Sorry, i didn't get ur reply....

I am really confused about spouse rules.... If u don't mind could you plz explain in details... Thanks

[CR001]

I am in UK from Aug'05 and will apply for ILR for long resident way on Aug'15.

No choice for spouse.

Sorry, i didn't get ur reply....

I am really confused about spouse rules.... If u don't mind could you plz explain in details... Thanks

Did you click on the link 'No' that Vinny provided? If you apply for ILR based on 10 years long residence, your wife only has 1 option and that is to switch to FLR(M), meeting the English and financial requirement and her qualifying time for ILR will resent to 0 and she will have to wait a further 5 years before she can apply for ILR unless she herself reaches 10 years long residence while on FLR(M).

[janinah]

Thanks for your reply. Yea, she will be eligible for 10 yrs ILR before that time. But, what is 2 years rule ? She is already with me as dependant in UK for 5 years... Why it will not count for that.... Amazing

[awnishupadhyay]

Her choice. She may also subsequently apply for SET(LR) when she qualifies, possibly 28 days prior to 01/10/2016.

Thank You Vinny

So the UKBA will not reject if we use FLR M form. There is lot of confusion in the form. Who can apply with this form states that If I get ILR based on (T1 general route), then the dependent of work permit holder (T1 General) should not use this form. Also calling at the UKBA call center tells to use PBS Dependent form. Is there any article reference in the immigration rules that I can use and prepare a covering letter saying the same. This will be of great help

Thank you for your guidance

Awnish

[vinny]

If she meets the requirements of D-LTRP.1.1, then there would be no grounds to refuse FLR(M).