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2 Months Short Of ILR ! What to do ?

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

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UK007
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2 Months Short Of ILR ! What to do ?

Post by UK007 » Sat Mar 28, 2015 8:07 pm

For Other Member's Future Reference I have Collected All My Posts Here:

UK007 wrote:

Code: Select all

Hi Guys, a lot of helpful posts, hope someone can help me too. Want to apply for ILR soon but in confusion. Find my details below:
Visa Valid From: 05/12/2005 [Visa Student]
# UK Entry: 22/12/2005
# Absent from UK due to holiday 19/01/2008 - 03/03/2008
# Current Visa expires: 30/10/2015
# No overstays so far, My first visa was Student visa, 2nd Visa was Student visa, 3rd Visa PSW, currently Tier-4 student visa.
# I have my wife as my dependant living here since 2008. My only son born here last year.
Q-1) Can I apply for ILR upon my visa expiry as it's not exactly 10 years ? 
Q-2) If not, what do you suggest me to do ?
Q-3) If yes, what form should I fill up for my wife & son ?
Thanks a lot in advance for your helpful replies.
Omor4real wrote:

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Since your son was born here you will register him using form MN1 after you receive your ILR

when you make the ILR you will draft a letter telling home office about the application you have pending and you want to defer it to the ILR and tell them to return the money for FLR FP. Note pls pay for the ILR and FLR M in full and expect them to return the other money. Also remember to make copies of all the entry and exist on your passport as you will need them to fill the form.

In regards to your Mrs with the letter telling them to hold her application, yes that is what they will do, some people on the forum said they received the application before even telling HO to start, but the best advice is to tell them to treat it once you receive your ILR. Check the requirement for your wife to make sure you are ready.
UK007 wrote:

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Thanks again Omor4real. Didn't know after I get ILR, I can go for MN1 for my son, That's great.
Another thing I missed about requirements of my wife, any idea what those are ? Do I have to show certain amount of my money available for her maintenance ? Also she has been living here in the UK since 2008 and working at Boots, does she still has to show any English language requirement ? Or any other requirements you aware of ?
searoze wrote:

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Hi
Yes you need proof of income (£18600 per year) along with English and LIUK test to qualify for FLR(M). 
As your current visa expires in Oct so I assume your dependant's visa will be till same day. You can apply your ILR and then MN1 for your child. Once you get your ILR and register your child as British then you can go for FLR (FP) 10 year route for your spouse.
And later your spouse can switch onto FLR M (If needed) when you can meet the requirements.
Last edited by UK007 on Sat Mar 28, 2015 8:25 pm, edited 3 times in total.

UK007
Member
Posts: 101
Joined: Wed Mar 25, 2015 5:47 pm
Mood:
United Kingdom

Re: 2 Months Short Of ILR ! What to do ?

Post by UK007 » Sat Mar 28, 2015 8:10 pm

Hi @Omor4real & @searoze, can't thank you guys enough for your valuable advices. Really appreciate it.
I have kind of got the hang of the whole thing, still have some questions please have a look below:
[Advices from others would be appreciated too]

Stage-1: End Of October Apply for FLR (FP) Including My wife as dependant to minimise 1 month 22 days gap for 10 years.
On 22nd December 2015, it will be exactly 10 years for me.
According to HO I can apply for ILR 28 days before 10 Years period, so I can officially apply for ILR on 25th November 2015.

Stage-2: So on 25/26th November I make a new application for ILR along with a letter requesting to defer my FLR (FP) to ILR.
Apply FLR (M) for my Wife with a letter to defer FLR (FP) dependant to FLR (M) & hold the application until any decision has been made on my ILR.

Stage-3: If I get ILR, MN1 for my Child who born in the UK last year.


Questions For Stage-1: Paying £200 NHS is confirmed already ? If yes, can I use any other route to avoid that unnecessary fee as my main focus is ILR not FLR (FP) ?
What happens if we had to do Biometric before 25th November ? we do it as normal & apply for ILR on 26th ?


Question For Stage-2: If I can't meet my wife's requirements at that time, should I apply for FLR (FP) for her ?
As I am tier-4 student now yearly 18,600 would be difficult unless I can work full-time.

Question For Stage-3: What's the difference between FLR (FP) 10 years route & FLR (M) ?

Omor4real
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Posts: 103
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Re: 2 Months Short Of ILR ! What to do ?

Post by Omor4real » Sun Mar 29, 2015 12:38 pm

As you know we are cash cow, there is no route to avoid the NHS charges am sorry.

If you've done biometric for FLRFP, you will still do another one for ILR.

Since you won't meet the requirement for your wife, then she have to stay on FLR FP, but don't forget your wife earnings also count towards the earning requirement and your savings as well read the guidance for FLRM.

The difference between the two is that for FLR FP she will have to wait for 10 years before she can apply for her ILR, but for FLRM she can apply for ILR after 5years. However both count towards her lawful stay for her 10 years long residence application.

UK007
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Re: 2 Months Short Of ILR ! What to do ?

Post by UK007 » Mon Mar 30, 2015 7:57 pm

Omor4real wrote:As you know we are cash cow, there is no route to avoid the NHS charges am sorry.

If you've done biometric for FLRFP, you will still do another one for ILR.

Since you won't meet the requirement for your wife, then she have to stay on FLR FP, but don't forget your wife earnings also count towards the earning requirement and your savings as well read the guidance for FLRM.

The difference between the two is that for FLR FP she will have to wait for 10 years before she can apply for her ILR, but for FLRM she can apply for ILR after 5years. However both count towards her lawful stay for her 10 years long residence application.

Thanks Omor4real. That earning requirements If I have yearly earning 15,000 & savings £4000, does it completes £18600 ?

Zee ali
Diamond Member
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Re: 2 Months Short Of ILR ! What to do ?

Post by Zee ali » Mon Mar 30, 2015 8:26 pm

UK007 wrote:
Omor4real wrote:As you know we are cash cow, there is no route to avoid the NHS charges am sorry.

If you've done biometric for FLRFP, you will still do another one for ILR.

Since you won't meet the requirement for your wife, then she have to stay on FLR FP, but don't forget your wife earnings also count towards the earning requirement and your savings as well read the guidance for FLRM.

The difference between the two is that for FLR FP she will have to wait for 10 years before she can apply for her ILR, but for FLRM she can apply for ILR after 5years. However both count towards her lawful stay for her 10 years long residence application.

Thanks Omor4real. That earning requirements If I have yearly earning 15,000 & savings £4000, does it completes £18600 ?
Nope.

Savings will start counting after 16000 pound

if u have 20000 pound savings for last 6 months in your account than u can add 4000 pound savings

Category D: Cash savings – requirements
7.1.1. An amount based on the cash savings above £16,000 held by the applicant, their partner, or both jointly for at least the 6 months prior to the date of application and under their control can count towards the financial requirement where applicable. (£16,000 is the level of savings at which a person generally ceases to be eligible for income-related benefits).
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

UK007
Member
Posts: 101
Joined: Wed Mar 25, 2015 5:47 pm
Mood:
United Kingdom

Re: 2 Months Short Of ILR ! What to do ?

Post by UK007 » Mon Apr 06, 2015 9:27 am

Omor4real wrote:As you know we are cash cow, there is no route to avoid the NHS charges am sorry.

If you've done biometric for FLRFP, you will still do another one for ILR.

Since you won't meet the requirement for your wife, then she have to stay on FLR FP, but don't forget your wife earnings also count towards the earning requirement and your savings as well read the guidance for FLRM.

The difference between the two is that for FLR FP she will have to wait for 10 years before she can apply for her ILR, but for FLRM she can apply for ILR after 5years. However both count towards her lawful stay for her 10 years long residence application.
Hi, when I will apply for my ILR my wife's [my dependent at the moment] duration in the UK will be 7 years.
If I apply for FLR (M) for her & she gets 2.5 years VISA, She'll need to extend visa one more time before she can apply for ILR for 10 years living in the UK. Whereas if She goes for FLR(FP) and gets 5 years Visa, she can apply for ILR for 10 years living in the UK when she is eligible for that.

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: 2 Months Short Of ILR ! What to do ?

Post by Zee ali » Mon Apr 06, 2015 10:09 am

UK007 wrote:
Omor4real wrote:As you know we are cash cow, there is no route to avoid the NHS charges am sorry.

If you've done biometric for FLRFP, you will still do another one for ILR.

Since you won't meet the requirement for your wife, then she have to stay on FLR FP, but don't forget your wife earnings also count towards the earning requirement and your savings as well read the guidance for FLRM.

The difference between the two is that for FLR FP she will have to wait for 10 years before she can apply for her ILR, but for FLRM she can apply for ILR after 5years. However both count towards her lawful stay for her 10 years long residence application.
Hi, when I will apply for my ILR my wife's [my dependent at the moment] duration in the UK will be 7 years.
If I apply for FLR (M) for her & she gets 2.5 years VISA, She'll need to extend visa one more time before she can apply for ILR for 10 years living in the UK. Whereas if She goes for FLR(FP) and gets 5 years Visa, she can apply for ILR for 10 years living in the UK when she is eligible for that.
Who told u that? or u imagine this in your dreams?
Whereas if She goes for FLR(FP) and gets 5 years Visa,



Who told u that?
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

UK007
Member
Posts: 101
Joined: Wed Mar 25, 2015 5:47 pm
Mood:
United Kingdom

Re: 2 Months Short Of ILR ! What to do ?

Post by UK007 » Mon Apr 06, 2015 10:18 am

Zee ali wrote:
Who told u that? or u imagine this in your dreams?
Whereas if She goes for FLR(FP) and gets 5 years Visa,

Who told u that?

lol if I would dream, I would certainly dream for ILR whenever you want :P

Jokes apart, I found the information here: http://www.immigrationboards.com/immigr ... l#p1169005

Anyway, can you please advise me how many days visa FLR(FP) people gets normally ?

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: 2 Months Short Of ILR ! What to do ?

Post by Zee ali » Mon Apr 06, 2015 10:29 am

UK007 wrote:
Zee ali wrote:
Who told u that? or u imagine this in your dreams?
Whereas if She goes for FLR(FP) and gets 5 years Visa,

Who told u that?

lol if I would dream, I would certainly dream for ILR whenever you want :P

Jokes apart, I found the information here: http://www.immigrationboards.com/immigr ... l#p1169005

Anyway, can you please advise me how many days visa FLR(FP) people gets normally ?
2.5 years each need 4 more extensions to complete 10 years.

but if some one is here already for 7 years legally continuously than need 2 extensions so can clock 10 years long residency.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

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