ILR 10 years - spouse visa

[britain420]

Hi,
Please advice.
I have received ILR on 10 years basis in feb. 2015. Daughter has recently received her british certificate and I will be applying her british passport. My wife is in UK since january 2012. She was PSW dependent when she entered UK and currently she is on my previous entrepreneur dependent visa.
As my wife is in UK more than 2 years as my dependent, can I apply my wife ILR. Please advice as some people are saying i have to apply for 5 years flr(m) and some saying she gets ILR.

[CR001]

Hi,
Please advice.
I have received ILR on 10 years basis in feb. 2015. Daughter has recently received her british certificate and I will be applying her british passport. My wife is in UK since january 2012. She was PSW dependent when she entered UK and currently she is on my previous entrepreneur dependent visa.
As my wife is in UK more than 2 years as my dependent, can I apply my wife ILR. No, she cannot because you got ILR through long residence. The rules changed in April 2014 regarding this.

Please advice as some people are saying i have to apply for 5 years flr(m) and some saying she gets ILR. She will need to switch to FLR(M) and start a new 5 year (2 X 2.5 year visas) residence qualifying period, the time spent on PBS Dependent will not count towards this new 5 year residence requirement. She will need to pay the £500 IHS Surcharge too and meet the English A1 requirement and the financial requirement.

[britain420]

Hi,
Thankyou for the advice.
One last question.
As you Know I have received my ILR in february 2015 but my wife is still on my Entrepreneur dependent visa. Her visa is valid till october 2016.
What financial requirements do I need to meet for my wife FLR(M).
Can i use my saving account towards FLR(M) spouse visa.
If I do not meet the financial requirements now can I wait till september 2016 and apply her FLR(M) then,
Many Thanks

[CR001]

1. Be earning minimum of £18,600pa. As she is in the UK and applying here, both of your incomes can be used.

2. Yes you can use savings. How much savings do you have and how long have you held it for in an accessible account?

3. She can apply at any point before her visa expires. However, it would be risky for her to travel out of the UK on her current visa.

[britain420]

I have got around 15K in my UK business account. The money has been there from last 2 years. Should I close business account and transfer all funds to savings account?

[nasirkhan]

I have got around 15K in my UK business account. The money has been there from last 2 years. Should I close business account and transfer all funds to savings account?

I know I'm digressing from the content of your post but did you have to show any evidence of the Tier 1E business set up and progress for your ILR ?
Thanks

[britain420]

Yes, Only recently business has been not paying me much and I do not want to carry on pumping cash in.

As I have ILR now, I have been looking for employment.

[CR001]

If she is not traveling, she can wait till you are employed and have worked for at least 6 months. Does your wife work at all?

[britain420]

No, she is not currently working. But only recently I have found employment but pay is not as good I guess over the months with my degree knowledge it will go up. We have never claim any benefits not even child tax as I don't want to.

Is the figure in my business account low? If it is I do have funds available to me which I can put in.....

[Zee ali]

No, she is not currently working. But only recently I have found employment but pay is not as good I guess over the months with my degree knowledge it will go up. We have never claim any benefits not even child tax as I don't want to.

Is the figure in my business account low? If it is I do have funds available to me which I can put in.....

Very low. In fact savings starts counting from £16000 to full fill the financial requirement.

u need to show £62500 savings in order to meet the requirement of £18600.

62500-16000= 46500/2.5= £18600

Money should be in the account for 6 months or more

Hope this helps

[britain420]

Hi,
Please advice,
If my child has British passport, will she still be my dependent according to UKBA?
When I apply my wife FLR(M) do I have to show financial requirements for my child too...

[CR001]

If my child has British passport, will she still be my dependent according to UKBA?

No, not for the purpose of the financial requirement.

If your child is British at the time of your wife's application, you only need to show £18,600pa income.

[britain420]

Thankyou.

[CR001]

You are welcome.

[britain420]

Hi,
Can my wife use her Ielts Academic results as proof of english for FLR(M)..she gave the test last year in UK and got 6.5 band...
Thanks

[britain420]

Hi,
The help and guidance this forum has given me is exceptional. I have got couple of more questions which are confusing me and your guidance will be once again highly appreciated.
I'm on ILR and my wife is PBS dependant. She came in UK in february 2012. I was waiting to meet the financial requirement for flr(m) and currently have 6 months pay slips so i will be apply her flr(m). Question(i) I'm been told as she entered country before july 2012, straight after receiving BRP for flr(m she can apply ILR. Question(ii) can she use Ielts Academic as an english requirement proof.

Many Thanks

[CR001]

1. No, she cannot apply for ILR after switching to FLR(M). The pre July 2012 rules do not apply to her because you applied for ILR based on 10 years long residence. She will have to wait 5 years on FLR(M) - 2 x 2.5 year visas - before she can apply for ILR. She cannot combine the time as PBS dependent to make up this 5 years due to the route you chose for ILR. Had you applied for ILR based on 5 years residence on the PBS route, she would have qualified with you. Nothing in the rules have changed since I gave you the same advice in June.

2. Not sure about English. Is it A1 and does it appear on the approved list of tests/test providers?

[britain420]

Hi,

Thankyou for your response. My friend also got ILR on 10 years basis, applied his wife flr(m) on same day service and was told by immigration officer that once his wife receives BRP they can come back to apply ILR. I spoke to him recently and he advised me his wife set(m) was also accepted on same day service.....

[CR001]

It depends on when your 'friend' applied for FLR(M).

[britain420]

He applied in september 2015...

[CR001]

September 2015 for ILR or for FLR(M)?

Impossible that his spouse was able to apply for ILR if she switched to FLR(M) after April 2014, the rules don't make provision for it after the change. The only way is for the spouse to have accumulated 10 years residence and applied Set(LR) and not Set(M).

You are more than welcome to try if you wish, you will lose your fee though.

[britain420]

Hi,

I have ILR on 10 year basis and wife received FLR(M) visa yesterday. I wanted to know if my wife entered the UK under Tier 1 PSW partner in feb2012 does she fall in category mentioned in paragraph 287(a)(i)(d).

I would appreciate an answer from senior moderators.

Many Thanks

[britain420]

September 2015 for ILR or for FLR(M)?

Impossible that his spouse was able to apply for ILR if she switched to FLR(M) after April 2014, the rules don't make provision for it after the change. The only way is for the spouse to have accumulated 10 years residence and applied Set(LR) and not Set(M).

You are more than welcome to try if you wish, you will lose your fee though.

Sorry just seen your post. Friend received ILR in Feb 2015 applied spouse FLR(M) in August 2015 and SET(M) in September 2015.

[vinny]

He was lucky. It's contrary to current rules.

[cyborg001]

I saw a TV show on immigration where a solicitor mentioned that he has seen conflicting cases where UKVI has granted 10 year LR dependents ILR and in some cases told them to go under the 5 year spouse route as the moderators here also point out. It seems to be a bit unclear and random.

I remember hearing that they can/should challenge UKVI saying why were different rules applied to some and discretion not applied to their cases where ILR is not granted to dependent. Sounds strange to me...