FLR(M) or ILR?

[Sunnyday77]

Hi, Perhaps any of you has a similar situation, if so could you please advise on this case?

My spouse visa was issued outside of the UK on 29/04/13, I applied under the old rules.

The visa was valid till 29/01/16 - valid for 33 months.
I delayed my travel to the UK by more than 3 months - arrived in the UK on 22/09/13.

When I called the Home office and a lawyer, they both advised to send a letter to the EC error amendment centre in Croydon and change the endorsement. I was advised after the change of the visa period - I'd be able to apply for ILR straight away after the new visa expiration date as I'd reach my ILR qualifying period.

So I got the visa corrected , now it's valid till 29/07/15.
When I called the Home office again after the correction and enquired about my next step, they informed I have to apply for FLR(M) first and after reaching the qualifying period of 23 months I can apply for ILR.

I wouldn't want to pay twice now as the costs increased plus the added NHS surcharge (£500) just for 3 weeks missing of the qualifying period.

Looking forward to hearing from the forum members who could be familiar with the similar pitfalls. Thank you.

[vinny]

You may apply for SET(M) from Tuesday, 25 August 2015 and preferably before your leave expires.

You may apply for FLR(M) in-time (before your leave expires) by post. If they haven't decided when you are eligible, then vary it to SET(M).
Or, if you are not working, etc., then perhaps you may apply for SET(M) out-of-time.

[Sunnyday77]

Thank you vinny very much for your prompt reply.

[Sunnyday77]

You may apply for SET(M) from Tuesday, 25 August 2015 and preferably before your leave expires.

You may apply for FLR(M) in-time (before your leave expires) by post. If they haven't decided when you are eligible, then vary it to SET(M).
Or, if you are not working, etc., then perhaps you may apply for SET(M) out-of-time.

Hi vinny, can I apply for ILR before the end of my visa by post even though there's a shortfall of about 27 days for my qualifying period? I saw a couple of threads where people applied for ILR even though there was a gap of even 3 months?

http://www.immigrationboards.com/indefi ... 09-40.html

thank you.

[vinny]

Possible, if they decide after you qualify.

[rahinajam]

Dear Senior Members I need your quick and valuable advice on this.

I am in desperate need of this information as I tried calling in the UKVI enquiries number many times and each time I get the same answer saying I can apply for ILR using the form SET (O) as I am eligible under my own right as I have already completed 5 years as a PBS Dependant and there is no appropriate information on the ukvi site aswell, and my solicitor is saying i cant apply for ilr and my clock will be reset to zero.hopefully I could get reply to my answers. And my case is as follows.

I am in the UK as a Tier 1 General Dependant from 31 st October 2010 and my husband is applying for his ILR under 10 years long residence rule on 20th october 2015 under premium service.

Now my questions are as follows

1. Can I apply for ILR, as I have already completed 5 years in the UK, if yes which form should I use. Can I go for Premium Service 28 days before.

2. Or should I have to go for FLR (M) and again complete 5 years to get the ILR.

3. Will the 5 years which I already spent come into counting.

4. could you please give me the reference under which sections does this come.

As I came before July 2012 am I eligible for ILR and already completed 5 years in UK.
Eagerly waiting for your valuable advice as soon as possible as my visa is expiring soon.

Thanking You.

[vinny]

Your solicitor is correct.

2. Or should I have to go for FLR (M) and again complete 5 years to get the ILR.

Unfortunately, the rules changed on 6th April, 2014.

[rahinajam]

Thanks Vinny.

But each time I call Home Office they say that I am eligible for ILR...can't we trust their information

[vinny]

Unfortunately, no.

[vinny]

If your husband applies for SET(LR), then there are apparently no provisions for you to apply directly for ILR, unless you qualify for SET(LR) too.

If your husband applies for SET(O) as a relevant PBS migrant, then you may be included in his SET(O) under 319E.

[rahinajam]

Thanks alot for the detailed reply Vinny.