Is it FLR(M) or SET(M) for my family?

[venkat2010]

Hi,

I got british citizenship this year in January. I am from India. The route I came through is Tier1 General Visa. I got the first Tier1 general visa in March 2010 valid up to March 2013. In march 2013, it was extended for 2 more years. In March 2015 I got ILR. In January 2017 I got the British citizenship.

Now I am applying for the dependent visas of my wife and two sons. (Elder one 7 years (12-March-2010) and younger one (14-June-2013) 3 years). I got a few doubts about their applications. Please could you clarify me the below.

My wife's and Elder son's status:

They both got their first Tier1 general dependent visa in February 2011. (valid up to March 2013). They entered UK in March 2011. Stayed in UK until November 2012. In November 2012, my wife was carrying the second baby and her health was not very good. We planned for the delivery in India. So my wife and elder son went to India in November 2012. My second son was born in India on 14-June-2013.

But when I extended my Tier1 general visa in March 2013, I have not extended my wife's and elder son's visas. Because I need to apply for my second son as well after the delivery, I thought of doing all of them together. I got Tier1 general visas for 3 of them in April 2014 (Got visa valid up to March 2015). My wife and both sons came back to UK again in June 2014.

In March 2015, when I was applying for my ILR, I applied for ILR of my wife as well. We went to Cardiff home office for premium service. They approved my ILR, but they said they can't give ILR to my wife and children as there was big gap for them away from UK, they gave ILR dependent visas to them (Valid upto August 2017). Now I need to extend their visas.

Please could you help me with the below questions

1) My wife and elder son would complete 5 years in this country by August 2017.
March - 2011 to November - 2012 (21 months)
June - 2014 to August - 2017. (39 months)
Would they be able to apply for ILR now?

2) If they can't apply for ILR and if they have to go for the family of settled person visa

• What is the form I need to fill? Is it FLR_M_-04-17?

• Does my wife and children, all of them need to pay Immigration Health Surcharge?

• Do they come under Financial requirement or Maintenance? If they come under maintenance, what is the amount that I need to show in my bank account for each of the applicant? Do I need to keep the money in my bank account?

Thank you very much in advance,
Venkat.

[Casa]

Can you confirm exactly which category of visa they have been issued with?

[venkat2010]

Thanks for your reply.

From Feb 2011 to Feb 2015 - Tier1 General dependent visa
From Mar 2015 to till date - ILR dependent Visa.

[CR001]

They must apply for an extension on FLR(M) and meet all the requirements, English A2 and the financial requirement.

They will have to pay the £500 immigration health surcharge each in addition to the visa fee.

They will only qualify for ILR in 2020.

[venkat2010]

Thanks for the reply.

My wife has studied Bachelor of Science. She got the Naric certificate stating that, it is equivalent to CEFR Level C1. Please see the certificate attached. Please could you let me know, is this certificate sufficient to prove that she meets English A2 requirement?

[CR001]

Thanks for the reply.

My wife has studied Bachelor of Science. She got the Naric certificate stating that, it is equivalent to CEFR Level C1. Please see the certificate attached. Please could you let me know, is this certificate sufficient to prove that she meets English A2 requirement?

She needs to have NARIC ELA so make sure she has the correct NARIC route (red route) on the NARIC website.

[venkat2010]

Hi,

My wife got the Naric certificate in January 2015. we do not really know though which route we got the certificate. But some of the articles are mentioning that, it doesn't matter what ever the route it may be.

https://www.whatdotheyknow.com/request/ ... _red_route
https://www.whatdotheyknow.com/request/ ... d_red_rout

I am confused! Please advise

Thanks,
Venkat.