Got ILR - Should Wife go for FLR (M) or SET (M)

[srk2012]

Folks,

I got ILR in March 2013, was in T2 ICT before that. My wife is a T2 Dependant and has valide leave to remain till May 2013. She has only completed 1.5 years with me in UK.

Now since her visa is going to expire, should she extend her stay using FLR (m) or can she apply for settlement directly?

Cheers,
SRK

[vinny]

Neither. See also Dependants of ILR (economic, 5 year route) applicants.

[srk2012]

When you say ''Neither'' what else do you think should happen?

[vinny]

She may continue to apply as a PBS dependant under 319C, until she qualifies for settlement under 319E.

Unless you were granted ILR under Long residence.

[srk2012]

Which application form should we use for this?

[vinny]

Click on given links for more info.

[srk2012]

Still not clear on what form to use...pls help

[vinny]

If you were granted ILR under Long Residence, then she should switch to FLR(M). Else, she may continue to extend as a PBS dependant.

[cluelesss]

Hi,

I recently got ILR based on 5 years Tier1 route. My wife is a doctor and that's why I wanted to apply using FLR(M) so that she doesn't have any restriction as a doctor in training.

Are you saying that now PBS => ILR dependants cannot apply using FLR(M)?

I have booked her appointment in 2 weeks time. Need urgent help.

Thanks

[vinny]

Possible.

[CSREDDY25]

Hi,

I recently got ILR based on 5 years Tier1 route. My wife is a doctor and that's why I wanted to apply using FLR(M) so that she doesn't have any restriction as a doctor in training.

Are you saying that now PBS => ILR dependants cannot apply using FLR(M)?

I have booked her appointment in 2 weeks time. Need urgent help.

Thanks

Hi, have u applied for your wife from Tier-1 dependant to FLR(M).? could you please kindly update. I am also in the same situation as yours.
Many thanks

[desmortess]

Possible.

Hey Vinny

I am on spouse visa right now. My wife is British. I know I must apply for FLR (M) when my current spouse visa expires. Also, I have checked on site and it says I can apply for ILR if am married to British spouse for 3 years. Is it true?

If not can you please clarify?

[Amber]

Why must you apply for FLR(M)?

What does your current leave permit state and when did you enter the UK?

[srk2012]

My wife joined me in UK in Dec 2011.
I got my ILR in March 2013.
Since my wife and I had not completed 2 years of our marriage at that time, she extended her stay through FLR (M). She is planning to apply for ILR now.

Our doubt is - Is there any rule which states that a dependent person should have been present in the UK '2 years' before the date of application of ILR?

My wife was away in a holiday in India during Aug and Sep 2013. Thats why we are having this strange doubt now. (When I applied for ILR, there was a rule which stated that I should have been physically present in the UK 5 years before the date of application).

Cheers,
SRK

[CR001]

Is there any rule which states that a dependent person should have been present in the UK '2 years' before the date of application of ILR?

No, but it must be at least 2 years from original date of entry if she is under the old rules.

When I applied for ILR, there was a rule which stated that I should have been physically present in the UK 5 years before the date of application).

No there is no such requirement for ILR. You are confusing this requirement with what is needed to apply for British Citizenship.

[srk2012]

Thanks for your response. She first entered UK in Dec 2011. So its more than three years since she came.

[physicskate]

Thanks for your response. She first entered UK in Dec 2011. So its more than three years since she came.

Did she apply for FLR (M) after 6 July, 2012? If so, would she not be on a path for ILR 5 years after the visa was granted?

[CR001]

On what basis did you obtain your ILR?

If you applied on the basis of 5 years residence, your spouse is covered by the transitional provisions. See the link below :

Dependents fo ILR economic applicants (click)

If you applied for ILR based on 10 years long residence, then your spouse will be on a 5 year route to ILR as she did not apply for ILR before April 2014. See the link below

Dependent of ILR long residence applicant on pbs leave (click)

[srk2012]

I applied for ILR on the basis of 5 years continuous residence. My wife has been my dependent since Dec 2011.
She was first my T2-Dependent and after my ILR, she extended her stay using FLR-M.

[srk2012]

She extended her stay using FLR - M in May 2013

[CR001]

If you applied on the basis of 5 years residence, your spouse is covered by the transitional provisions. See the link below :

Dependents fo ILR economic applicants (click)

[srk2012]

Hi

I m in Sheffield peo. My wife came as pbs dependent in Dec 2011. I got ILR in March 2013. She extended her stay through FLR M in May 2013. They extended her stay for 2.5 years.

Now case worker is saying she is not elligible for ILR and will obe granted Another visa for 2.5 hears as it is an early application.

I told them its a wrong decision. They are discussing. Pls help. Very urgent as we are still IN the centre at the moment..

[vinny]

Refer them to 4.5.

[srk2012]

Refer them to 4.5.

I have done that. Waiting for the response.

Thanks for your help. Pls let me know if there are any more sections to refer.

[srk2012]

They are saying section 4.5 won't apply as I got ILR under 5 years continuous residence and not under long residence...what to do now?