Spouse visa not sure which category I fall ..Tier 1 or FLR(M

[moniz0]

Hi

This is my first post so please be kind to my post and reply as i couldnt find relevant query in posts. if there is and i couldnt find, please mention link to post.

I am on ILR which was obtained on Tier 1 general route. My wife is on Tier 1 dependent visa, extension to her visa is required so please advise which category shuld i go for...Tier 1 dependent or FLR (M) as there is a massive difference between their application fees.

Also, if it is Tier 1 dependent which i need to apply, does my wife need to provide english requirements this time as she didnt need to when she first entered. Also, what is the maintenance requirements as my kids are british and is there any income requirement which i need to fulfill.

if i need to apply under FLR M what are the things i need to provide.

Someone said to me, if you switch category from tier 1 to FLR (M) , five yr cycle is reset to zero for ILR ,..please advise is it true..

Thanks in advance.

[vinny]

Someone said to me, if you switch category from tier 1 to FLR (M) , five yr cycle is reset to zero for ILR ,..please advise is it true..

True.

[Hola2015]

Hi

This is my first post so please be kind to my post and reply as i couldnt find relevant query in posts. if there is and i couldnt find, please mention link to post.

I am on ILR which was obtained on Tier 1 general route. My wife is on Tier 1 dependent visa, extension to her visa is required so please advise which category shuld i go for...Tier 1 dependent or FLR (M) as there is a massive difference between their application fees. Your wife can continue to extend her visa under the Tier 1 depandant route until she qualifies for ILR. As vinny already answered, if you go down the FLR (M) route, her clock will re-set to zero

Also, if it is Tier 1 dependent which i need to apply, does my wife need to provide english requirements this time as she didnt need to when she first entered. I think the answer here is no, but she will need to meet this requirement though before she can apply for ILR. Also, what is the maintenance requirements as my kids are british and is there any income requirement which i need to fulfill. Have you looked at the form, there should be information on maintenance requirement.

if i need to apply under FLR M what are the things i need to provide. There is no need to go through this route except you want your wife's clock to start again from zero

Someone said to me, if you switch category from tier 1 to FLR (M) , five yr cycle is reset to zero for ILR ,..please advise is it true..

Thanks in advance.

[moniz0]

Thanks a lot guys. Really appreciate your response. Guys I am a bit confused in terms of maintenance, my wife is in uk for more than 12 months and me being on ILR and kids being british so do i need to just show 630 for last 3 months.

Also, do i need to show SA302 as part of income proof due to nature of my earning being limited company.

[olgachilds]

maintenance - yes you are correct

ultimately pBS dependant rules are much more relaxed than the FLR M rules, so even though you have a choice between the two, option for her to continue as a PBS dependant is there to benefit you. That being said, PBS dependant applications are somewhat more expensive than applications under Appendix fm, and their main advantage is faster route to iLR, which would indeed be reset if you applied for a spouse visa for her.

there are no english language requirements for PBS dependants, and on a spouse visa there are.

There are some categories of people who could actually benefit from transfer to FLR M and re-setting the clock, but usually only if they do not foresee going for ilR in any near future for some reasons of their own (I have a client whose wife had no chance of passing LIUK for instance) and/or their PBS deendant timeline is not much different from a possible spouse 5-year route timeline (eg they entered the UK for the first time shortly before principal was granted ILR), and if there is a large family savings between fees can add up to substantial amounts

[Casa]

Can you confirm that you were granted ILR after 5 years under Tier 1 G and not under long residence?

[CR001]

I am on ILR which was obtained on Tier 1 general route.

Seems to be 5 years Tier 1 G casa, if his post is correct.