FLR(M)

[krs999]

Hi,

Could anyone please help clarifying my understanding of the route to apllying for spouse ILR is whether 2 years or 5 years

Visa Details:

Tier 1 General Partner - Nov 2010 to Nov 2012 (rules as per before 2012)

Next Renewal (rules as per after July 2012 ) - May 2013 to Dec 2015. please note there was a break in between.

For the purposes of applying for ILR in the future- in this case would it be 2 or 5 years route. thanks for yor help.

[vinny]

What did you mean by a break in between? Did you apply out-of-time? By how many days were you out-of-time?
Did you switch to FLR(M) as indicated in the title of this topic? If so, when?

[krs999]

Thanks, Vinny. What i meant is after the visa expired in Nov 2012 we applied for the renewal only in May 2013 (during this period my spouse did not have a valid UK visa and she was not staying in the UK while her visa had expired)

[vinny]

Oh. If you have obtained ILR, then when was it? By what route did you obtain ILR?
What category of entry clearance did your wife apply for?

They may argue that she broke her continuous leave when she applied for a new entry clearance instead of a FLR(M) switch prior to 6th April 2014 or PBS dependant extension in the UK. As a result, unfortunately, I think that she may now be on the 5-year route, starting from when she initially entered the UK on her latest entry clearance.

[krs999]

Thank you very much, Vinny. I got my ILR (via Tier1 General) end of Sept 2015. I think you are right, bcoz the continous leave was broken we automatically we may fall in he 5 year route. Thanks again for your help. much appreciated.

[NVious]

Hi guys!

Hope someone can assist with my queries. I am applying for an ILR soon and required some clarification.

Here is my scenario:

I arrived here from Australia under a working holiday visa in September 2004 which was valid for 2 years. I then went back to Aus and applied for a HSMP which was granted in October 2006, hence I fall under the judicial review of Pre November 2006 (continuous 5 years to obtain ILR).

I applied for the next extension in October 2008 for further 3 years under Tier 1 (General) still offered under HSMP judgement rules. Unfortunately, in Dec 2008 I had to go back to Aus due to personal circumstances and I was away until July 2010 ( in total about 18 months). I came back end of July then straight away went to Spain for a course for 6 weeks arriving back in September 2010.


I have, since then, been in the UK and have extended my visa two further times which is now valid until 2017 still under the HSMP rules. As I broke the 5 year continuous rule I couldn't apply for an ILR in 2011. However, since entering the UK in 2010 I have not had long absences and therefore meet the criteria for 5 year continuous stay from September 2010.

Please can someone clarify the below?

Query 1
Page 13 of section 3 Which Category
Section B (which one should I tick)

Tier 1 (General) the terms of the HSMP forum judicial review policy document

or

-- Highly Skilled migrant under the terms of HSMP ILR judicial review policy document.

Query 2
In section 12, page 66 once we answer 'passport and immigration' documents. 12A is completed by all applicants however given the answer provided above which should be ticked 12G highly skilled migrant or 12H highly skilled migrant under the terms of the HSMP indefinite leave to remain judicial review policy document. If the latter then it states 4 years and there is no comments on 5 years continuous. Will the case worker know this?


Query 3
Given my scenario above for Section 6 'Immigration History' point 6.1 states when did you first Enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which the application is based. If one of the main things to consider when applying for an ILR is that there is continuous stay in the UK for 5 years with only 180 days allowed which date am I able to enter here? I only wish to have my last 5 years to be considered so shall I enter the date in July 2010 when I entered back in the UK or September 2010 when I entered back in UK from Spain or would it be October 2006? If October 2006, then how do explain the absences given it is more than 5 year period?

I have all the absences from the last 5 years listed on a spreadsheet but nothing prior to that.

Query 4
Section 7, point 7.11 then question how long you have lived in the UK? If I am applying for the last 5 years then again shall I enter their period from September 2010? If not should I be using my initial working holiday visa date? August 2004? It asks you to provide any period of absences of more than 6 months during that time. This question is tricky as I cannot state I have been here 11 years as I was away for 18 months of the 11 years.

I appreciate this may be a lot of questions to digest but any help would be appreciated.

Of course, if you are seeking further info, please reply to the post.

Thank you.

[vinny]

NVious, your post has no relevance with the topic under discussion! Perhaps you should continue where you previously posted, or start a new topic.

Thank you very much, Vinny. I got my ILR (via Tier1 General) end of Sept 2015. I think you are right, bcoz the continous leave was broken we automatically we may fall in he 5 year route. Thanks again for your help. much appreciated.

Note that if she switches to FLR(M), then her qualifying period for SET(M) may be reset to another 5 years from grant of initial FLR(M).