ILR Dependent - How soon does my dependent need to apply

[Driver27]

Hi

I am currently on a tier 2 General visa and my wife is here as my dependent. Our visas are valid until December 2017.

I've already applied for ILR based on long residence (10 years), but still waiting on a decision.

If I am successful with my ILR application, do I need to switch my wife's visa category immediately? Or, can she remain in the UK until December 2017 on her current visa?

Thanks in advance for your help

[vinny]

I think she may remain (not travel etc.). However, note that her qualifying 5-year period for SET(M) starts after grant of initial FLR(M).

[Driver27]

Hi Vinny thanks very much for the reply. That might be an issue for me then since I was planning on travelling during this summer.

Secondly I was a little confused which application form she would need to use. I thought she would need to use form SET(M), should I be using FLR M instead to make her dependent application.

Am I correct in thinking that she doesn't need to do the life in UK test or IELTS to apply as a dependent. She didn't need either when applying as a tier 2 dependent 6 months ago.

Thanks very much again moderators and members for your time

[CR001]

She needs to apply on FLR(M). This will be a new 5 year route to ILR (2 X 2.5 year visas) before she can apply for ILR on form Set(M). She will have to pay the £500 immigration health surcharge before submitting her FLR(M) application.

You need to meet the financial requirement of £18,600pa (assuming you have no children).

She needs to do English A1 at an approved test centre or UK NARIC ELA if she has a degree.

[Driver27]

Hi CR001, thanks for the reply
Are you off the same opinion as Vinny, i.e. She can wait until just before her current leave expires or do you think we will need to submit an application as soon as I get my ilr.

We paid the immigration health surcharge when applying for her initial tier 2 dependent visa in December 2015. This visa was granted until December 2017. So we paid IHS for two years. If I was to submit a new application say in July this year would I still need to pay IHS for a 2.5 year period

Thanks very much once again.

[CR001]

If your ILR is granted on the basis of 10 years long residence, it will be risky for her to travel without first obtaining FLR(M). She could be refused re-entry on her current visa as it is technically no longer valid due to the route you have taken for ILR. Which is why vinny has said she may stay on current visa if not travelling. Click on his 'may' link for more info.

IHS is payable with every application made regardless of when you last paid it for another visa. She will not be able to apply for FLR(M) if she does not pay the surcharge.

There would have been no risk to her visa and traveling if you had applied for ILR based on Tier 2 General as her visa would have remained valid and she could have continued on her visa until she qualified for ILR.

[Driver27]

I didn't realise there was a clickable link on VInny's reponse (probably didn't notice it on the phone browser)

I've read through those posts, and it looks like the safer option is to switch her visa category. Don't quite understand why the Home office requires this, but then again I don't understand the reasoning behind many of their rules.

I will make sure I pay the IHS when making the application.

On the application form it states, only use this form if applying as
Family life as the partner of a person present and settled in the UK (2 year route)/ (5 year route)
I don't quite understand what they mean by this or if this is the right form since I've applied for ILR based on 10 year Long Residence!

Finally, I've seen the two of you comment on a lot of posts, I know it can be thankless sometimes (when you tell people what they don't want to hear) but know that you guys are helping relieve the stress for a lot of people. So for that thanks very much, it is truly appreciated.
Just out of curiosity, do you guys do this on a volunteer basis or do you work for the website?

[CR001]

Thank you for the acknowledgement of what we try to do.

FLR(M) is the correct form and she will be on a new 5 year route (2 x 2.5 year visas) to ILR.

[Driver27]

Thank you for the acknowledgement of what we try to do.

FLR(M) is the correct form and she will be on a new 5 year route (2 x 2.5 year visas) to ILR.

Oh, that makes sense now. Thanks.

[Driver27]

In case anyone reads this in future...

I called the Croydon office today (19-05-2016) who confirmed what the admins here have said. The Visa office advise was
- My dependent needs to apply for a new visa to remain in the UK since I switched to ILR based on long residence. She wouldn't have needed to switch if I had applied for ILR based on the 5 year route (this wasn't an option for me)

- She still needs to pay the Immigration Health Surcharge, despite having a valid visa until the end of Dec 2017. However I was advised that I will get a partial refund after the visa is granted.