ILR LR Approved, what form for dependents

[ahmed009]

Dear member
my ILR approved on long residence, now my wife and son who is living with me since 2010 and their leave expiring in the month of July 2016, what form should i use for them?
your help would be appreciated.
Regards

[CR001]

They should apply on form FLR(M). This will be a new 5 year route to ILR - 2 x 2.5 year visas (or 10 years LR if they reach that sooner).

They will have to pay £500 each for the immigration health surcharge on top of the visa fee.

Do you meet the financial requirement of £22,400pa?

Spouse needs English A1 test too.

[ahmed009]

Dear CR001,
Thank you for your reply, i am little bit confused here, i now have ILR on 10 year basis also she is living with me since 2010, i thought she need to apply for (SET M) as she already completed more then 5 year with me.

and she already passed life in the UK and B1

and yes we fulfil the financial requirement.

could you please explain this why you are saying FLR(M) instead of SET M

Regards

[CR001]

The rules changed in April 2014 and PBS dependents are no longer covered by the transitional provisions that were in place if the main applicant obtained ILR through long residence. They don't qualify and cannot apply for ILR because of the route you chose to ILR. Their only option is FLR(M).

See Dependent of ILR Long Residence Applicant on PBS Visa (click)

[ahmed009]

Dear CR001
i am not sure about your answer, because she came to UK in 2010 and she is living with me since,
i know the rule FLR M is for dependent who came after 2014 but she is with me since 2010 and my son.
could you please confirm this.
regards

[CR001]

It doesn't matter that she came in 2010. Before 2014, she could have applied for ILR as PBS Dependent if you got ILR through long residence. The rule change in April 2014 took this away and now she can't. The only option she has is FLR(M). There are many cases on the forum in this exact scenario, your case is not 'special' or 'unique'.

If you had applied for ILR based on PBS route and 5 years residence, she would have been able to apply for ILR with you or after you.

If you feel this is incorrect advice, please go ahead and apply and let us know how it goes.

[ahmed009]

thank you
i thought if your partner is with you before 6July 2014, then she should apply for SET M, is there any information on the home office so that i can double check?

thanks

[CR001]

6July 2014

Do you mean 2012?

Yes, that would have been the case if you applied for ILR based on PBS visa route but you have not applied for ILR based on PBS route, so those rules are not applicable to your spouse anymore. The rules for PBS dependents of migrants who apply for ILR based on long residence changed in April 2014.

She has no option but to switch to FLR(M).

Have you clicked on the links I have provided?

[ahmed009]

Thank you for your reply,
yes i have checked but is it from Authentic HO site? as i have been told that i can apply my wife visa as ILR dependent, because she is here since 2010, my earning is enough, what is the difference between FLR (M) AND SET (M)? i just dont want to go through with this process again, keep applying for your wife every 2.5 year something like that, but can apply for Idefinate af
thanks

[ahmed009]

sorry my post was not complete,
i meant to say can i apply ILR for my wife once i got British passport? or

[CR001]

FLR(M) - is a spouse visa (what you are calling 'ILR dependent'. There is no 'ILR dependent' named visa category, it is called a spouse settlement visa).

SET(M) - is for ILR for people who have completed the required time on FLR(M) - a spouse visa.

i meant to say can i apply ILR for my wife once i got British passport?

No, you becoming British makes no difference to her route for ILR she has to follow which is FLR(M) for 2.5 years and then FLR(M) again for 2.5 years before she can apply for ILR on SET(M) or if she reaches 10 years long residence first, on SET(LR).