FLR(M) or PBS Dependant

[jagankumar]

Hi Obie,
We are in similar situation to chitra7803. http://www.immigrationboards.com/immigr ... l#p1174144
Am currently under Tier1 (G), eligible for my ILR in August 2015
As my wife applied Tier G general dependent EC in Dec 2013 from India and came to UK(Before that she was in Tier4 Student visa for 2 years) on 26 January 2014, which is valid until 5 October 2015 as mine(Main Applicant).

Once I get my ILR in August 2015,
If she applies as PBS dependent, she will get 3 years, still will not be sufficient to get her eligible for her ILR (short of 2 months), she has to go for another extension after that. (which means she needs 2 extensions from now on)
alternatively
If she applies FLR(M), she will be getting 2.5 years visa as first and another 2.5 years to get eligible for ILR. (She needs 2 extensions).

On the above both options, we need to extend twice, considering visa fees and unreliability on further fees increase, we are thinking about to go for FLR(M) option instead of PBS, as we knew well her ILR clock will get reset and 18 months residency will be wasted.

On considering FLR(M) at this stage, what draw back do you think it will have or would you suggest us better option then?

Thanks in advance.

[CR001]

Thanks CR001,
this thread clarified all of my queries and confusions which I have raised in another post.
http://www.immigrationboards.com/immigr ... l#p1179559

Am much more clear now, but new confusion has added that Tier 1 G dependent extension is for max 3 years ? or any chances to get more than 3 years, in my wife's case we need 3 years and 3 months to be eligible for her ILR (5 years route).

Has anyone got approved for more than 3 years to meet the ILR requirement (5 years route) ?
As ASHA607 has mentioned, in the policy guidelines

"Periods of grant
30. We will grant leave in line with the expiry date of the PBS migrant’s (or main applicant’s) leave,
except where the PBS migrant has been granted indefinite leave to remain. In these cases, we
will grant you a period of three years leave. An application for further leave may then be made if
required to take you up to the applicable qualifying period for indefinite leave to remain. "

Can you confirm on the same please? If it is possible to get more than 3 years extension in Tier 1 G Dependent then I would consider to apply my wife's visa as Tier1 G dependent.

It will be three years and then likely a further extension will be required to make up the 5 years residence.

[CR001]

Perfect, Thanks CR001, Am very much clear now. So either way i need to apply for twice, In that case I'd prefer FLR(M).
Thanks again for your immediate response.

[CR001]

You are welcome.

Are you aware of the NHS surcharge your spouse has to pay for each application going forward?

[jagankumar]

Yes am well aware of nhs surcharge, it is applicable to both tier 1 g dependant as well flr m. By going through at flr m atleast I will be saving £1000 on each extension.
I believe we can switch from tier 1 g dependant to flr m in country application.

[jagankumar]

Hi,
Just managed to find the Guidance for FLR(M) and am confused on the point which says

You must not use this form to make an application for an extension of stay in the following
categories:
"As the partner of a person granted indefinite leave to remain in a work route, if you are currently
in the UK as their dependant."

Based on other seniors inputs my understanding was we can switch to flr(m), in that case above mentioned guidance is confusing.

Please can someone clarify this whether we can switch from Tier1 G Dependant to FLR (M).

Code: Select all

1. For which applications must you use form FLR(M)?
Form FLR(M) must be used if you are applying for an extension of stay and your partner is:
• a British citizen in the UK
• present and settled in the UK
• in the UK with refugee leave or humanitarian protection
You and any children under 18 applying with you must be in the UK to apply. Anyone applying for
an extension of stay in the above-mentioned categories must apply - also on form FLR(M) - for a
biometric immigration document, otherwise known as a Biometric Residence Permit (BRP).
[b]You must not use this form to make an application for an extension of stay in the following
categories:[/b]
• As the partner of a serving member of HM Armed Forces under Appendix Armed Forces of the
Immigration Rules. You must complete form FLR(AF).
• On the 10 year Partner route under Appendix FM of the Immigration Rules. You must complete
form FLR(FP).
• As the partner of a person granted indefinite leave to remain in a work route, if you are currently
in the UK as their dependant. See our website for further details: https://www.gov.uk/visasimmigration

[geriatrix]

What it means is that you should not use this form to apply for "extension" of "PBS dependant" leave if the PBS migrant has been granted ILR under the work route.

It doesn't say or mean that PBS dependant cannot "switch" to FLR(M) route.

[jagankumar]

Thanks so much sushdmehta... Great relief

[jagankumar]

Hi All,
We got some clarification on filling form for FLR M, could you please help us on the following sections.

I will be applying ILR (Tier1 G 5 year route) in September, and will apply FLR M (Switching from Tier1 G Dependant - Entry Clearance on December 2013) for my wife.
We have a child who born in UK (Current Visa sttus is Tier 1 G Dependant) will apply for MN1 registration after my ILR.

-------------------------------
Section 2.3
-------------------------------

2.3 Please indicate what stage of extension of leave you are applying for or why you are
choosing to extend your current leave in one of the above categories.

First period of leave to remain (following an initial period of entry clearance as a partner of a
settled person, or following an initial period of entry clearance as a fiancé(e) or proposed civil
partner of a settled person - 6 months)
Second period of leave to remain (following initial grant of leave to remain).
You are making a first application from within the UK but have not previously had leave to
enter/remain as a partner.
FLR(M) Version 04/15 Page 12 of 74
Or
You delayed your travel to the UK by more than 3 months after the issue of a visa, and have
not yet completed the relevant period of time in one of the categories at question 2.1
You require further leave to remain to obtain the relevant qualifications to meet the
Knowledge of Language and Life in the UK (KoLL) requirements to apply for indefinite leave
to remain.
You were granted entry as a fiancé(e) or proposed civil partner, but have not yet married or
entered into a civil partnership. Please explain why in the box below and state when your
marriage or civil partnership will take place.

Is Tier1 G Dependant considers as "leave to enter/remain as a partner" ?
I believe I need to select this above option, correct me if am wrong

-------------------------------
Section 4 - Dependant Children
-------------------------------

We have daughter who born in the UK, we will be applying MN1 seperately, do we need to fill this Section 4 - Dependant Children?

If yes, what to fill on
Section 4.4 n) How long has this child resided in the UK?
>>
When child has born here, do we need to give total age of the child? or should I mention as "From Birth"?


-------------------------------
Section 6.9
-------------------------------

If relevant, have you lived together permanently in the UK with your sponsor since your last
grant of limited leave to remain as a partner?

Yes go to question 6.16
No

>>
last grant of limited leave to remain as a partner" - Is Tier1 G dependant visa considered as Partner visa?
In our case, what do we need to say here? yer/No/N/A?


-------------------------------
Section 7B - Maintenance
-------------------------------
I was fillign Yes for Section 7.2, at the bottom of the page 35, it says "Please proceed to section 7C."
In our case, do we need fill the section 7B?


-------------------------------
Section 9.15
-------------------------------
My Wife's first EC has been applied via VFS, Chennai, Shall we say VFS Chennai?



-------------------------------
Section 13 B Sposes and civil Partners
-------------------------------

If you are applying for a first extension of stay as a spouse or civil partner, in addition to the
relevant documents in sub-section 12A, you must provide the following documents:

>>
Is Tier 1 G dependant visa considers as "stay as a spouse or civil partner" ??

Thanks in advance
Jagan

[geriatrix]

Topics merged.




2.3 - You are making a first application from within the UK but have not previously had leave to enter/remain as a partner[/quote]

Section 4 - Read the very first sentence that follows the section header.

6.9 - Leave as a partner (of a settled person / British citizen) is different from leave as PBS dependant.

7B - If it tells you to proceed to 7C, why would you fill 7B? It clearly states who needs to fill 7B .. does any of the conditions apply to the people applying?

9.15 - VFS is not a "British Diplomatic post". Check the vignette and see where the visa was issued from. Write the name of that city.

13B - Leave as a partner (of a settled person / British citizen) is different from leave as PBS dependant.

[jagankumar]

Thanks sushdmehta... and sorry for the very late response.

[jagankumar]

hi all,

I got some more queries on documents required for flr m

1. For accommodation overcrowd :
Do we need to provid property inspection document? As I own this property, will property document will be sufficient to prove?

2. Financial requirement:
As I got payslips until August 2015,but my bank statement generated day before my August 2015 salary credited to my account, so August salary is not reflected in latest bank statement. For this I have decided to submit 6 months payslips until July 2015 which reflected in my bank statements. Will this be accepted as evidence or does it need to be up to date?

Please guide me on this.

[jagankumar]

In addition to my previous query post, adding more details to be precise.

In the appendix fm se document under section 2, it has been mentioned as below

2. in respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:
(a) Payslips covering:
(i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply);
]

This is not clear on whether 6 months payslips just before the application or is there any flexibility like we do for Pbs evidence any 12 months within last 15 months.

Just as a note: in case if they don't accept payslips which are 7 months old prior to application, only with 5 payslips still I will be well eligible for the threshold......

[jagankumar]

Can any one answer for my questions please?

[CR001]

It is 6 months immediately prior to date of application that the payslips need to be. The latest payslip also cannot be older than 28 days.

The 12 in 15 months you refer to is ONLY for Tier 1 and Tier 2.

You can submit 7 months payslips, no reason it will be rejected, but only last 6 months is required.

[jagankumar]

Thanks CR001. Am clear now n financial requirements, could you please answer for 1st question on accommodation overcrowd?