Ilr and dependent

[kashguy]

Hi there,

I have read a lot of posts here but was unable to find an answer for my query. Basically I am currently on tier 2 sponsored visa and I am due for ilr through long residence in September. I recently got married in August and my wife is in India. My question is should I wait for my ilr to be processed first and then apply for her visa or should I apply for her visa on tier 2 dependent basis. Also if I apply for her visa on tier 2 dependent basis can she continue on that and apply for ilr after 5 years or does she has to switch to ilr dependent first in which case her previous time in UK will be nullified and then apply for settlement? Any advice will be very much appreciated. Thanks

[geriatrix]

If applying for settlement under long residence, best to wait until you are granted settlement and then apply for entry clearance as partner of settled person (under Appendix FM).

If she applies for entry clearance as PBS dependant now and travels to UK, she will need to switch to FLR(M) as soon as you are granted settlement for her ILR clock to start.So, waste of time(for ILR) and money (two applications).

[kashguy]

But I thought she won't be able to change to ilr dependent under my ilr through long residence ?

[geriatrix]

There is nothing called "ilr dependant", so I am not sure what you are referring to!

[kashguy]

Sorry what I meant was to my understanding your partner can't switch using flr(m) is your ilr is based on 10 years long residence ?

[geriatrix]

They can, and should as soon as possible.

When a PBS migrant applies for settlement under LR, the PBS dependant is required to switch to FLR(M) unless the dependant qualifies for settlement under LR before the dependant's current leave expires and the dependant doesn't intend to travel outside the UK until then.

Also, such dependant switching to FLR(M) leave will be eligible for settlement only after 5 years of FLR(M) leave.

[kashguy]

Hi there,

I recently got married in August and my wife came over on tier 2 partner visa in October. Week after her arrival I got my ILR. Now I want to get her visa changed to FLR M and have already booked her appointment for next week for same day application. On the form it's asking for relationship proofs in form of 6 supporting documents on our joint names or 12 on individual names. Now my issue is that my wife has only been here for less than a month and I don't have many documents on joint or on her name. Can I submit the application without those or is it compulsory for her to submit all those documents? I am bit confused what to do and any advice will be much appreciated.

[CR001]

Not needed if you are recently married and switching.

Provide what you have in her/your name and also proof of communication from before she came to the UK.

What relationship evidence did you submit with the PBS Dependent visa application?

Why didn't you wait to apply for her spouse visa after you got ILR as you were advised in his earlier/previous post of yours (click)?

You do realise you will have to pay the immigration health surcharge again.

[kashguy]

Thanks CR001. Thanks for your reply. We submitted marriage certificate, my pay slips, my employers letter, travel tickets, tenancy agreement, wedding pictures.

When I realised I should have waited at that time she had already submitted her application for her tier 2 partner. I do realise that I had to pay IHS twice but I guess this it how it had to be. Just want to make sure it doesn't get rejected this time. So do u think if I submit same documents that's suffice?

[CR001]

Should be fine but if you have evidence of visits and communication before she arrived, that would help.

[kashguy]

Thanks. I had few questions about the application,

My wife is currently on tier 2 gerneral partner visa

Section 2 - Under which category are you applying for
leave?
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) Is this right?

[kashguy]

My wife id currently on tier 2 partner visa and is applying for FLR (M)

Section 2 - Under which category are you applying for
leave?
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) Is this right?

Thanks