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ILR for Tier1 PBS Dependant for Wife before September 2015

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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suryavaddi
Member
Posts: 109
Joined: Sat Feb 04, 2012 4:54 pm
Location: Northampton

ILR for Tier1 PBS Dependant for Wife before September 2015

Post by suryavaddi » Tue Feb 17, 2015 11:40 am

Dear Members

I would like to thank you for all of members who contributed in terms of advices. I have recently applied Naturalization for me and going to be British Citizen in next 2 months.

I still need advice for my wife’s application what to do.

1. My wife got first entry clearance as Tier 1 General Partner on 11/10/2011, then she got extension as PBS Dependant Leave to Remain on 11/09/2012, till 11/09/2015 and lived together till 06/08/14 then she went India but will be continued in India until July, 2015.

2. Her visa will be expired on 11/09/2015.

3. Can she apply for Indefinite Leave to Remain(SET(M)) once I become a British Citizen?

4. Or Does she needs to apply for extension FLR(M) then needs to apply SET(M) for ILR?

5. Which is the best way to do in these situations.

a. Can she apply from India before her visa expires either extend or ILR. If, which form she needs to fill.
b. If she comes UK before expires, which form she needs to fill within UK (i.e., FLR(M) or SET(M) )

Could you please advise which is the best way to proceed.

Thanks for your advice
Surya

suryavaddi
Member
Posts: 109
Joined: Sat Feb 04, 2012 4:54 pm
Location: Northampton

Re: ILR for Tier1 PBS Dependant for Wife before September 20

Post by suryavaddi » Tue Feb 17, 2015 3:18 pm

Really appreciate if some one can advise below issue.
suryavaddi wrote:Dear Members

I would like to thank you for all of members who contributed in terms of advices. I have recently applied Naturalization for me and going to be British Citizen in next 2 months.

I still need advice for my wife’s application what to do.

1. My wife got first entry clearance as Tier 1 General Partner on 11/10/2011, then she got extension as PBS Dependant Leave to Remain on 11/09/2012, till 11/09/2015 and lived together till 06/08/14 then she went India but will be continued in India until July, 2015.

2. Her visa will be expired on 11/09/2015.

3. Can she apply for Indefinite Leave to Remain(SET(M)) once I become a British Citizen?

4. Or Does she needs to apply for extension FLR(M) then needs to apply SET(M) for ILR?

5. Which is the best way to do in these situations.

a. Can she apply from India before her visa expires either extend or ILR. If, which form she needs to fill.
b. If she comes UK before expires, which form she needs to fill within UK (i.e., FLR(M) or SET(M) )

Could you please advise which is the best way to proceed.

Thanks for your advice
Surya

haiksuresh
Member of Standing
Posts: 448
Joined: Mon May 12, 2008 7:11 pm

Re: ILR for Tier1 PBS Dependant for Wife before September 20

Post by haiksuresh » Tue Feb 17, 2015 4:00 pm

on which criteria you got ILR and British citizenship ?

suryavaddi
Member
Posts: 109
Joined: Sat Feb 04, 2012 4:54 pm
Location: Northampton

Re: ILR for Tier1 PBS Dependant for Wife before September 20

Post by suryavaddi » Tue Feb 17, 2015 4:20 pm

haiksuresh wrote:on which criteria you got ILR and British citizenship ?
Hi Suresh,

I got ILR based on long residence (10 years).

Thanks
Surya

suryavaddi
Member
Posts: 109
Joined: Sat Feb 04, 2012 4:54 pm
Location: Northampton

Re: ILR for Tier1 PBS Dependant for Wife before September 20

Post by suryavaddi » Wed Feb 18, 2015 11:52 pm

Dear Moderators

Please advise on below issue.
suryavaddi wrote:Dear Members

I would like to thank you for all of members who contributed in terms of advices. I have recently applied Naturalization for me and going to be British Citizen in next 2 months.

I still need advice for my wife’s application what to do.

1. My wife got first entry clearance as Tier 1 General Partner on 11/10/2011, then she got extension as PBS Dependant Leave to Remain on 11/09/2012, till 11/09/2015 and lived together till 06/08/14 then she went India but will be continued in India until July, 2015.

2. Her visa will be expired on 11/09/2015.

3. Can she apply for Indefinite Leave to Remain(SET(M)) once I become a British Citizen?

4. Or Does she needs to apply for extension FLR(M) then needs to apply SET(M) for ILR?

5. Which is the best way to do in these situations.

a. Can she apply from India before her visa expires either extend or ILR. If, which form she needs to fill.
b. If she comes UK before expires, which form she needs to fill within UK (i.e., FLR(M) or SET(M) )

Could you please advise which is the best way to proceed.

Thanks for your advice
Surya

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: ILR for Tier1 PBS Dependant for Wife before September 20

Post by Obie » Thu Feb 19, 2015 12:20 am

By switching to Long Residence , you essentially break the clock for your wife.

She will need to apply for Settlement Visa for spouse of a Settled person , or change immediately for FLR (m) on her return.

Provided she meets the English Language and Financial requirement , she will qualify for ILR in 5 years from her first successful application, or under the Long Residency , depending on how long she has been residing in the UK lawfully.
Smooth seas do not make skilful sailors

suryavaddi
Member
Posts: 109
Joined: Sat Feb 04, 2012 4:54 pm
Location: Northampton

Re: ILR for Tier1 PBS Dependant for Wife before September 20

Post by suryavaddi » Thu Feb 19, 2015 2:29 pm

Dear Obie,

Thank you very much for your reply.

She will need to apply for Settlement Visa for spouse of a Settled person means, Does she needs to use SET(M) form?

Thanks
Obie wrote:By switching to Long Residence , you essentially break the clock for your wife.

She will need to apply for Settlement Visa for spouse of a Settled person , or change immediately for FLR (m) on her return.

Provided she meets the English Language and Financial requirement , she will qualify for ILR in 5 years from her first successful application, or under the Long Residency , depending on how long she has been residing in the UK lawfully.
Surya

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: ILR for Tier1 PBS Dependant for Wife before September 20

Post by Obie » Thu Feb 19, 2015 2:33 pm

SET M does not appear to be possible. FLR(M) will be a possibility.
Smooth seas do not make skilful sailors

suryavaddi
Member
Posts: 109
Joined: Sat Feb 04, 2012 4:54 pm
Location: Northampton

Re: ILR for Tier1 PBS Dependant for Wife before September 20

Post by suryavaddi » Thu Feb 19, 2015 2:47 pm

Obie wrote:SET M does not appear to be possible. FLR(M) will be a possibility.
Thank you
Surya

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