What visa should my wife apply while i apply for ILR 10 year

[ILR_001]

Dear Sir/madam,

I hope you can help me with my query. The UKBA advisors have given me three different answers so far and I am not sure what I should apply for anymore.

My wife joined me in 2009 as a dependent of work permit holder. Then she has been with me in the UK
as a student dependent since 2011 September (visa expires Jan 2016).

We have both passed life in the UK test and the have passed the english language test.

I am about to apply for ILR based on 10 year long residency route (2005 sep to 2015 sep). What Visa form should i use for my wife? can she use SET(O) and apply for ILR at the same time as me? or is there another category that she should apply for?

I have come across the july 2012 change in rules. Does this rule really matter to my wife's application as i (main applicant) am applying for ILR based on 10 year long residency and not PBS.

I hope one of you will have the time to answer my query

Much appreciate your help.

Regards,

ILR_001

[CR001]

can she use SET(O) and apply for ILR at the same time as me?

No, she cannot. She won't qualify for ILR if you apply based on long residence. There is no option for dependants to apply with long residence main applicants.

is there another category that she should apply for?

Yes, she will have to switch to FLR(M) and meet all the requirements. This will reset her clock to zero and she will need to wait a further 5 years before she will qualify for ILR (or 10 years long residence if that comes sooner). For FLR(M), she will also have to pay the immigration health surcharge of £500 for the first 2.5 year visa.

The rules changes in July 2012 don't apply to her. The rule changes regarding long residence applicants and spouse DOES apply to you. See link below
***** CHANGES 6th April 2014 *****

[ILR_001]

Hello,

Thank you very much for your quick reply. You seem to known more than the people I have spoken to at the UKBA.
Much appreciate your help.

Regards

ILR_001

[CR001]

Bear in mind that for FLR(M), there is a financial requirement of £18,600 per annum that has to be met or substantial savings. Your wife will also need English A1 test.

[ILR_001]

Hello,

Thanks for that. Seems like you read my mind and answered my second question even before i managed to type it in.

Regards

[CR001]

and ask anything else which comes to mind. We are happy to help.

[Dantean]

Can the spouse of an LR ILR applicant who applies at a PEO apply with FLR(M) on the same day? Or does the spouse have to wait for the ILR to be actually granted to apply (and perhaps apply the next day) ? or wait for a BRP to be issued before even setting up the appointment?

[CR001]

Can the spouse of an LR ILR applicant who applies at a PEO apply with FLR(M) on the same day? Or does the spouse have to wait for the ILR to be actually granted to apply (and perhaps apply the next day) ? or wait for a BRP to be issued before even setting up the appointment?

Yes they can, provided the ILR LR applicant gets his ILR on the day. If main applicant does not, spouse can't apply to switch to FLR(M).

[Dantean]

Yes they can, provided the ILR LR applicant gets his ILR on the day. If main applicant does not, spouse can't apply to switch to FLR(M).

Thanks. So if one schedules 2 PEO appointments for the same day, and one depends on the other, and the first is either refused or delayed, what is at risk if the second one cannot be submitted? Is it the whole visa fee and healthcare surcharge, or just the PEO fee (currently £400) ?

[moonstar9823]

Bear in mind that for FLR(M), there is a financial requirement of £18,600 per annum that has to be met or substantial savings. Your wife will also need English A1 test.

Just a quick question as I'm in same situation. This income threshold of £18,600 should be in last 12 months when you apply or you can choose 12 months from last 15 months as was in the case of Tier 1 (General)?

[Zee ali]

Hello,

Thanks for that. Seems like you read my mind and answered my second question even before i managed to type it in.

Regards

Flr m is likely to be invalid in this case. But they will give u 10 days to change flr m to flr fp.

[Dantean]

Just a quick question as I'm in same situation. This income threshold of £18,600 should be in last 12 months when you apply or you can choose 12 months from last 15 months as was in the case of Tier 1 (General)?

I think it's different. The complex requirements, including savings, are outlined in the Financial Requirement document.

For people with salaried employment, there is a category for those who have been with the same employer for less than 6 months. In Category B, they can count your current annual salary even if you've been at the job less than six months, but you still must have had the required level of gross income in the last 12 months. It's not as flexible as 12 of the last 15 months, but it can help if you were earning below the threshold for most of the past 12 months, and your income recently went up above the threshold.

[ILR_001]

and ask anything else which comes to mind. We are happy to help.

Dear CR001

I have a question regarding long residence which i was sure i met until i spoke to the UKBA helpline.
I came to the UK on student visa valid from 22/8/2005 to 31/01/2007.
returned home on 30/01/2007 and applied for new Fresh talent work in scotland scheme (work permit for graduates in scotland) valid from 27/02/2007 to 27/02/09. I came back to UK on the 3/04/2007 and since then i have been on work permit followed by student visa all of which i applied in the UK while still having valid visa during the switches i made.

My query is: Did i breach the continuous long residency rule when i went home on 30/01/2007 and returned on a new visa issued from home? in which case i am not eligible for ILR on 10 year route right now, or am I still eligible for ILR since i left the UK and gained entry legally.

Thank you for your valuable advice

ILR_001

[vinny]

Should be okay.

[ILR_001]

Hello Vinny. Thanks for your advice

[ILR_001]

Bear in mind that for FLR(M), there is a financial requirement of £18,600 per annum that has to be met or substantial savings. Your wife will also need English A1 test.

Thank you everyone for your help i know have received my ILR. : )

I have once question regarding section 8 English Language requirement for my wife. She has got a UK NARIC certificate for medium of instruction stating that the level of English language for the above degree ( MSc in science) is considered to meet the requirements of CEFR level C1.

a) Does this mean for question 8.3 (Do you have an academic qualification, recognised by UK NARIC to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, and you can provide evidence to show that this qualification was taught or researched in English):

(i) she needs to apply for another UK NARIC certificate of comparability to show an equivalent UK masters degree
(ii) will the medium of English language certificate suffice?

Thank you