ILR Long Residency and Tier 1 General Dependant

[cloud99]

hi, i have a very similar question - if some one can please help.

my ilr application based 10 year rule just got accepted last week 16th feb 2015, however my wife came to UK in November 2014 as a tier 1 general dependent. she has a valid till august 2016.

Question -

1. shall i wait till her visa finishes and then apply as ilr dependent? if so, do i need to prove income £18500 or so ?
or
2. the best option is to apply for ilr (long residence) dependent as soon as possible? do i need to use FLR (M) for that application?

[CR001]

Question -

1. shall i wait till her visa finishes and then apply as ilr dependent? if so, do i need to prove income £18500 or so ?
or
2. the best option is to apply for ilr (long residence) dependent as soon as possible? do i need to use FLR (M) for that application?

She will need to switch to FLR(M) and yes, you will need to meet the financial requirement of £18,600pa, it is more if you have children and she will need to meet the English A1 level test.

Applying for FLR(M) will reset her ILR clock to zero so if done now, she won't have lost that much time but if you do it in 2016, she cannot use the time spent on Tier 1 dep towards ILR and it will also be risky for her to travel on Tier 1 dep.

These rules changed in April 2014 for PBS dependents of main applicants who apply based on 10 years long residence.

[cloud99]

Many thanks for your help @CR001.

this info actually came as a shocker to me, i didn't know that i had to go through this entire process again - and sadly pay them again.

i am very much unknown to this and also the guidance on gov.uk is not straight forward with regards to flr m. would appreciate if you can guide me to a topic where they have discussed all the documents when some one is switching within uk.

very imp one - there is no rule as such that i need to apply for my wife within the next 28 days or else she will fall under overstayed catergory? - some one just told me this

2. flr m form has many question about the relationship and its history - which i have already explained to them just 4 months ago when i applied for tier 1 gen dependent (outside uk application) - do i need to explain them again.

3. are there any list of docs available on gov website or on any forums eg: how many months payslip, or tenancy agreement or any proof of relationship. where can i get this info from.

4. also, my wife just gave ielts exams (nov 2014) in India - can we use that certificate for english language requirement.

i have seen people applying on their own -and i am one of them but this application form seems to be confusing.

i know it might be repeated question, i am sorry to bother you.

many thanks

regards

[vinny]

See also
changes,
subsisting marriage,
Appendix FM-SE,
accommodation,
English language.

[cloud99]

Your help is very much appreciated

Many thanks VINNY,