Main applicant eligible for ILR, partner not eligible.

[sreeram.akella]

Hi All,

I have been living in the UK since September 2010 on HSMP Tier 1 General visa (valid up to 1st September 2015). My wife entered the UK on Tier 1 dependent visa in September 2013 (visa valid upto 1st Sep 2015).

I am eligible for ILR, but my wife is not eligible for ILR. So my questions are,

1. As far as i understood, she need to apply for FLR, Am I correct?
2. If so can we apply together?
3. Do we need to Pay the healthcare surcharge?


Thanks,
Ram.

[TODMATT]

Hi All,

I have been living in the UK since September 2010 on HSMP Tier 1 General visa (valid up to 1st September 2015). My wife entered the UK on Tier 1 dependent visa in September 2013 (visa valid upto 1st Sep 2015).

I am eligible for ILR, but my wife is not eligible for ILR. So my questions are,

1. As far as i understood, she need to apply for FLR, Am I correct? Yes
2. If so can we apply together? You need to apply for ILR and she needs to apply by herself.
3. Do we need to Pay the healthcare surcharge? Yes £600


Thanks,
Ram.

[CR001]

1. She can continue to extend her current visa on the PBS Dependent Form (Click). If she applies for FLR(M), she will lose the two years already spent in the UK and will be on a new 5 year (2 x 2.5 year visas) route to ILR as her clock will reset to zero when she switches. She will need English A1 for FLR(M) and you will need to meet the financial requirements. She does not need English for PBS Dependent. Likely that for PBS Dependent, she will be granted a visa for 3 years.

2. If applying in person, book your appointment and then book her appointment for the same day a couple of hours later, in whichever category you choose.

3. For either visa, she will need to pay the IHS Surcharge, £500 for FLR(M) and £600 for PBS Dependent.

[sreeram.akella]

Hi TODMATT,

Thank you very much for the reply.

That further complicates my situation. Does it mean, she has to apply for FLR after getting my ILR? (As per the gov.uk site, FLR has to be applied with a copy of partners full passport and BRP ). Then i cannot apply by post as that process is taking any where from 1 to 3 months.

Please advise.

Thanks,
Ram.

[CR001]

No, she does not have to apply for FLR(M). She can stay on PBS Dependent until she qualifies for ILR.

She doesn't qualify for FLR(M) unless you have ILR approved. You can apply for your ILR in person at premium service centre and then apply for her visa by post if you want to.

[sreeram.akella]

Ok. So my wife can apply for PBS Dependent. Can she apply with my Tier 1 visa credentials which is going to expire on 1st sep 2015?

Basically, what I want to know is,

Can we both apply via post (separate applications and post ofcourse). Or Should I apply in person, get my ILR and then apply for my wife's PBS Dependent visa?

[CR001]

Or Should I apply in person, get my ILR and then apply for my wife's PBS Dependent visa?

This would be the easiest as the applications are sent to different addresses or you can both apply in person with separate appointments.

[sreeram.akella]

Thanks for the quick reply.

Easiest, but costly as well

[CR001]

Yes, a bit more expensive but no risk of your documents getting lost or waiting for months and months for a decision.

[mitra123]

Hi Ram,

Hope you have already sorted your visa thing?

I have the same situation like you, Tier 1 General visa (valid up to December 2015). My wife entered the UK on Tier 1 dependent visa in May 2013 (visa valid up to December 2015, around 2 and half years). I am currently eligible for ILR.

So it would be very helpful if you can answer me few questions as below -

1. Which dependent visa Form did you use finally – FLR(M) or PBS dependent extension?
2. How many years of visa your dependent has got (does she need any further extension for ILR)?
3. Have you got ILR first and then applied for your dependent visa? Or both of you applied together on the same day?

Thanks,
Saroz