ILR and dependent

[vizhy2016]

Hi,

My ILR is due next month which I will apply for. I have been on Tier 1 for last 5 years. 5 Years completing in March 2016. I understand that i can apply 28 days around the deadline so will do that mid next month. My wife has been living with me for last one and a half years, since June 2014. Her visa is also expiring on the same day as me.

Q1. Which category will she switch to? Will she be settled person dependent. Probably yes. I know she cant get an ILR. Which Form etc.

Q2. Can I post both of our applications together with relevant forms filled? or do I have to first get my ILR using same day and then post her application separately?

Q3. For how long will she get the next visa?

Thanks in advance.

[CR001]

Q1. Which category will she switch to? Will she be settled person dependent. Probably yes. I know she cant get an ILR. Which Form etc.

She can continue to extend her existing visa till she meets the requirements for ILR. If she switches to FLR(M) spouse settlement visa, her clock towards ILR will be reset to zero and she will have to wait a new 5 year period (2 x 2.5 year visas) before she can qualify for ILR.

Q2. Can I post both of our applications together with relevant forms filled? or do I have to first get my ILR using same day and then post her application separately?

If you do postal, they get sent to different departments and areas. Best to do your ILR in person and post her extension.

Q3. For how long will she get the next visa?

Depends which option you go for - PBS Dep or FLR(M)

[vizhy2016]

Thanks for the reply CR001.

Just a clarification, I read so many places that if I get ILR then my wife has to switch to FLR(M) as she will then become family/spouse of a person settled in UK and not the current tier 1 dependent.

How can she extend her stay without switching to FLR(M). At the moment she is on Tier 1 (PBS) dependent. Both of ours visa expire on the same day. I will have to get her 2 extensions anyway as she has only been here for 1.5 years and next she will get is for 2.5 years.

I am going to do mine same day and then post her application.

Thanks

[CR001]

No, she does not HAVE to switch, it is her/your choice. FLR(M) will be a new 5 year route and she will lose the time already spent in the UK as it cannot be counted towards the new 5 year residence on FLR(M). The rules allow her to continue as PBS Dep provider you obtain ILR based on Tier 1 G and not long residence.

Either way, she will need 2 extensions to reach 5 years. PBS dependent is substantially more expensive that FLR(M). Currently PBS dependent is £1736 postal or £2136 for in person and FLR(M) is £649 postal and £1049 in person. All fees go up in April.

For both applications, she will also have to pay the immigration health surcharge for the full duration of the visa (3 years PBS Dep is £600 and 2.5 years FLR(M) is £500).

You can both apply on the same day if you want to, separate appointments.

FLR(M) she needs English A1 test and you need to meet the £18,600pa financial requirement.

[vizhy2016]

Hi CR, thanks for your detailed replies.

So if my wife switches to ILR dependent (FLR(M)) this year, she will complete her 5 years requirement for ILR in 2021. There is a rule that says Tier 1 to ILR is stopping from August 2018. I am assuming this doesnt affect her ILR as the rule is for main applicants who are transferring from Tier 1 (5 years) to ILR and not dependents?

Another question, will I need to show cohabitation for her application for ILR dependent? If yes, then does this need to be for every month in the last 1.5 years she has been in the UK or does it just need to be a utility bill or bank statement from a recent month?

And for my own ILR application, I have switched job in the last 5 years. From 2011 - 2013 I worked at A and 2013 to now I am working at B. I applied for my last Tier 1 extn (2013) working here at B. Do i need to get my holiday details from my last employer as well? This is for absences in the last 5 years. I can get a letter from current employer but they can only verify the last 3.5 years. I have a record of each day I was outside and it is way less than the 180 days limit but how do i prove that to the home office? I am pretty sure other people would've come across this scenario.

Thanks in advance.

[CR001]

If she is switching to FLR(M), then the Tier 1 G 2018 change is of no relevance to her as she will NOT be applying for ILR based on Tier 1 G Dependent.

2 years cohab or 1.5 years if that is how long she has been in the UK. 6 different sources spread out for roughly every 3 months.

[vizhy2016]

Hi,

I have got my ILR now and now applying for my wife's visa extension.

My situation Tier1 Gen - 2011 to 2016 and now ILR.
My Wife - Tier 1 PBS dependent ending March 2016

I am planning to get her the FLR(M) extension as she is anyway going to need two extensions till her own ILR. I am not worried about her time resetting to 0. Cost difference in PBS extension and ILR dependent is the main reason. So, I believe from previous post in the chain above that she can switch to ILR dependent now.

My question is regarding the FLR(M) form, section 2.1, 2.2, 2.3

2.1 I believe the answer is "Spouse of a person present and settled in the UK and a biometric immigration document."

2.2 Is this the first time you have applied for a visa or extension of stay in one of the above categories (including previous leave granted as a fiancé(e) or proposed civil partner) with your current sponsor?

Yes or No (should i answer Yes as this is the first FLR(M)?)

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)

Second period of leave to remain (following initial grant of leave to remain).

which one of above two should i tick? I am confused as this is first FLR(M) and not extension but 2.3 is asking about extensions.

3.16 On what basis did your sponsor obtain settlement in the UK?

Should I answer Tier 1 5 year or just 5 year route? I only ask because I have read in guidance notes if the settlement was obtained on a work visa then I should not use FLR(M) but have seen your confirmations in many posts that this form is fine.