PBS dependant of ILR LR applicant

[alialee2015]

Hi members,

I have been a silent reader and now in need of help please!

I am currently on Tier 2 General visa and have booked a PEO appointment on the 18th of January for ILR through the 10 years long residency.

I got married in August last year [/u]and my wife who was on Student visa became my dependent in October 2015.
I have few questions and would appreciate if you could help please:

1) If I receive my ILR on the 18th of January, when shall my wife apply? (She has Tier 2 (general) dependant visa until August 2017, but I am guessing that would become invalid once I switch to ILR?).

2) Which form should my wife use for her application? (FLR – M or FLR-FP?)

3) The financial requirement of showing £18600, can I show all of this through my employment as my wife currently is not working (my current salary is £30k p.a.)?

4) We got married less than 5 months ago, hence been living in the same rented house only for few months, would this be a problem?

5) My wife took IELTS test which is valid until August 2016 and the awarding body is Cambridge English Language assessment – is this ok or does she need to re-sit an English language test?

6) What documents shall we prepare as evidence of genuine and subsisting relationship?


Thanks a lot for your time and valuable advice guys!

Regards
Ali

[CR001]

1) She will need to apply on FLR(M) once your ILR is granted.
2) FLR(M) if you meet the £18,600pa financial requirement, FLR(FP) if you do not meet the financial requirement.
3) Yes, your employment payslips etc is fine to show you meet the financial requirement.
4) You can submit what you have.
5) Is it an ESOL or IELTS and what level A1?
6) Any cohabitation documents, marriage certificate etc.

[alialee2015]

Hi CR001

Thanks a lot for your such prompt response! really appreciated mate.

Re my wife's application;

Question 1) Does she need to apply straight away after my ILR is granted? I meant is there any time limit like within 1 week etc?

Question 5) she took IELTS and overall score is 5.5 (listening, reading, writing = 5 and speaking = 6.5)

Kind regards
Ali

[CR001]

There is no time limit but she should do it as soon as she can. Her clock towards ILR will be reset once she switches and she will be on a new 5 year route to ILR, so the sooner she does it, the sooner her clock towards ILR can start.

Traveling will be risky if she does not switch. HO might curtail her PBS dependent visa as some members have experienced this last year.

[alialee2015]

Many thanks CR001, so we shall book a PEO for my wife straight after my ILR is granted.

Cheers mate

Ali

[CR001]

You can book appointments on the same day, but if your application is deferred, hers will not succeed.

Do your ILR and once your receive approval/BRP, apply for your wife on FLR(M) and you can do this in person or by post for your wife.

[alialee2015]

Hello guys, hope all is well and this time I need some help with my wife's English test requirement.

So, her IELTS is not valid anymore because it was taken before April 2015. Anyways, she booked a General IELTS test for end of this month with a college in Waterloo, but it seems like she booked the wrong test as if I am not wrong to understand, she should have booked 'Life Skills - A1' because she will be applying for ‘Family of a settled person’ visa.

Now, the college wont give her a refund neither would let her transfer the test because the test date is in less than 5 weeks. We find it rather unfair and booking the General test was a mistake done unknowingly and we still are confused.

I would appreciate if someone could confirm me if my wife can sit the IELTS - General test and just show the 'Speaking' and 'Listening' skills as required by the UKVI? or does she need to rebook another test for 'IELTS - Life Skills - A1'? I noticed there is only three centers in London who offer this test.

Many thanks
ali

[CR001]

She needs any English A1 test on the list. I cannot find an approved college based in Waterloo on the approved test provider list. Are you sure the college is approved by HO?

Approved English Test Providers (click)

[alialee2015]

Hi CR001

I found some info through this link: http://www.ielts.org/test_takers_inform ... ation.aspx

When you searched by country as United Kingdom, a list of colleges come up and Lewisham Southwark College was there when she booked the test. However, I found 3 centers today, Ealing Hammersmith & West London College, London Metropolitan University and University of Ulster who has exam dates available end of January. So need to re-book I guess and the Lewisham southwark wont refund nor would let her transfer the booking, so £155 gone

Many thanks for your help CR001, really appreciated mate.

Kind regards
Ali

[CR001]

When you searched by country as United Kingdom, a list of colleges come up

Do you mean a Google or web search? If so, there are 100's of colleges that claim to be approved by HO who are in fact not approved at all (the days of any college test being ok are gone).

You should always check the latest updates on HO website when you do anything regarding immigration requirements.

[alialee2015]

Hi CR001, advice noted mate, thanks! the search link was through www.ielts.org

Regards
Ali

[alialee2015]

Hello respected members
I am back with few more queries and would really appreciate your help. I got my ILR granted through 10 years long residency. Now preparing for my wife’s dependant application, which I believe will be using the FLR (M) application form.



Query 1: I am trying to calculate the NHS surcharge for my wife. Which options should I select please?
1. What visa route do I select: Further leave to remain -FLR or Further leave to remain Other FLR (O)?
2. If the route is further leave to remain – FLR, then which visa type do I select - Long residence FLR (LR) or Marriage FLR (M)?


Query 2: My wife has been in the UK on Student visa over past 6 years, during this period she changed few colleges. But, she didn’t notice to notify the Home Office about the changes as she assumed the college normally does that. However, after we got married, she visited back home for the first time since she came in the UK. On our way back during last december, she got stopped at Heathrow and was asked few questions, repeatedly about if she finished her degree (that she originally applied for to study – she didn’t continue that degree but instead completed another course at another college), if there is any gap in between her visa extensions etc. They asked her why she didn’t notify about the course changes and she said that she guessed it was the college’s responsibility. They stopped her and took inside for further checks but let her out in 5 minutes. They didn’t ask her any further questions or anything.

Now, I am a bit worried if this is going to be a problem/ could this be an issue to worry about when she makes her FLR (M) application this month? Should she go for in person application or just post the application.
I would very much appreciate your time and valuable opinion on the above queries please.

Regards
Ali