ILR or FLR (M) for spouse

[spiyaa]

Hi Gurus,

Looking for advise on dependent visa.
I got my HSMP in July 2007 and My wife joined me in UK as a HSMP dependent in November 2008. In July 2012 when we both were eligible for ILR, she wasn’t here in the UK because of her mother illness and she was back in home country. I got my ILR and she joined me later than lawyer advised us , she will not get ILR on her own because I already got ILR, the only option is to extend her visa with ILETS result. We applied using FLR (M) and she got 2 and half year extension. With a letter wording below:

“You have met the requirements of Appendix FM R-LTRP 1.1(a)(b) and (c) .”
“Because of your particular circumstances, you have been granted leave within immigration Rules under D-LTRP.1.1 of Appendix FM. “

In July 2013 I got British passport.
Now this July her extension is going to expire. She lived here in the UK as a spouse for 6 and a half year. Now my question is :
Is she eligible for ILR
Or
She need to extend again as the FLR (M) reset her time here?

To summarise the date:
My HSMP: July 2007
MY ILR: July 2012
Nationality: July 2013

Wife HSMP dependent entry clearance: November 2008
FLR(M) extension : Jan 2013

Can GURUS please advise, its now ILR or extension again.

Many thanks

[CR001]

Did her visa expire when she was out of the UK and did she apply for new entry clearance as a spouse of settled (ILR) person?

It might help if you put her full immigration history with start and expiry dates of visas and dates absence (departure and return).

[spiyaa]

Many thanks for your reply:

No, her visa wasn't expire and so no entry clearance. She had a valid visa when she returned in 2012 but she was away for around 4 months.

Thanks

[spiyaa]

apart from those 4 months out of country, she wasn't away from uk more than 3 months.

Thanks

[CR001]

I am not familiar with the rules of HSMP, but I am fairly certain she would have been able to apply for ILR but had switched in the UK to a spouse of settled person visa.

Best would be to wait for one of the other mods or gurus to respond on what your next steps are.

[spiyaa]

I believe hsmp and tier 1 had same rules as my own extension was as tier 1.

[vinny]

Did you switch to Tier 1 or were you granted ILR directly from HSMP?

Can you give the exact date of when she had applied for FLR(M) and when was it granted?

[vinny]

If you were granted ILR directly from HSMP (non-PBS, Part 5), then your wife may apply for SET(O) under 196E, subject to meeting the requirements.

[spiyaa]

Thanks for you reply..

Answer

My HSMP dates first stamp: 20 August 2007 valid until 20 August 2009 (two years)
My extension date stamp: 15 July 2009 valid until 20 August 2012 (Three years)
This second extension shows Type of permit "Tier 1 (General) Migrant". Though I applied for HSMP. I think they changed the name of HMSP to TIER 1 General in 2009, so they stamped as Tier 1.

Wife details:

She applied FLR(M) 20 August 2012 by post and got stamped on 20 February 2013.

What you suggest now?

Many thanks for your help..

[vinny]

Did she switch to Tier 1 (General) dependant prior to FLR(M) too? If so, when?

[spiyaa]

Yes she switch to Tier 1 General same time as me ( stamped 15 July 2009 valid until 20 August 2012 ).

As all her visa expiry dates are same as mine till end of my 5 years HSMP/Tier 1 General, (20 August 2012)

Only difference is I got HSMP in August 2007 and she got her dependent visa clearance and than joined me in November 2008.

thanks

[vinny]

I think that they made a mistake when they granted her FLR(M) under Appendix FM.

[spiyaa]

For sure she was eligible with me for ILR but couldn't apply with me as she was out of country than applied for FLR(M) on return to get extension.

So do you advise its now ILR?
and applied with the references as you mentioned in the other posts with covering letter "" i am applying under Part 8 of the transitional provisions and she switched to FLR(M) prior to 6 April 2014 that why 287(a)(i)(d) is applicable.."""

and FLR (M) (Applied in 20 August 2012 stamped 20 Feb 2013) didn't reset the time , as she is eligible for ILR as already here from last 6.5 years as dependent?

If ILR than which form should be used?

Many thanks for your such detailed help. much appreciated..

[vinny]

Prior to 6th April 2014, they should have granted FLR(M) under Part 8 under the transitional provisions, as she was a dependant prior to 9 July 2012.

She should be eligible to apply for SET(M) under Part 8.

[spiyaa]

Thanks a lot vinny..

is she eligible to apply now or we can apply in the last 28 days of flr M expiry.

many thanks

[vinny]

If they agree that they made a mistake and should have granted her leave under A280(c), 285 previously, then she may apply for SET(M) under 288 now, subject to meeting the requirements.

They should note that at the time she applied, the option for her to extend leave as a PBS dependant under 319C, wasn't yet available.

[spiyaa]

Thanks a lot for all your help.

How can I make them agree. Is there any process ?

Thanks

[vinny]

Several members succeeded.

Has she completed the KOLL requirements?

[spiyaa]

She has expired ielts which was used 2 and half years ago. From these posts I think expired ielts is acceptable. But she will soon go for LIUK. ..

you mentioned several people were successful. But all of these sent a letter after rejection .

But I have to apply first. You mentioned they need to agree first that it was their mistake.

Do you suggest just apply on set M form with in 28 days of expiry and with cover letter about their mistake and rules you mentioned.
Than if they don't agree and just reject ilr than what option will i left with?

many thanks

[vinny]

you mentioned several people were successful. But all of these sent a letter after rejection .

Did you read Maliksahb's topic? His wife was in a similar position and hadn't been initially rejected.

[spiyaa]

Many thanks Vinny for your SUPER references and advise.

From the Maliksahb topic its clear there is chance of success and can apply any time.

If they reject it, do they refund the fee? which I doubt.

and another big question is , if I apply and they reject after 20 August, which is expiry date of visa, How will we be able to apply for extention than?


Thanks

[spiyaa]

Many thanks Vinny for your SUPER references and advise.

From the Maliksahb topic its clear there is chance of success and can apply any time.

If they reject it, do they refund the fee? which I doubt.

and another big question is , if I apply and they reject after 20 August, which is expiry date of visa, How will we be able to apply for extention than?


Thanks

[vinny]

If refused, then apply for AR.

[spiyaa]

Many thanks vinny, you are a star..

[vinny]

See also 4.5.2 and 4.5.5.