10 year long residence ILR query

[sh2rm201]

Hello,

I shall be completing my 10 year long residency on Nov 2018. However, my spouse and child shall achieve the same in Apr 2019. At present our visa is stamped until Dec 2018.

Here are my queries -

a) if I apply for my ILR in Oct 2018 (assuming it gets approved) ; what happens to visa for my family?
OR,
b) would be it be more prudent if I delay and choose to apply for ILR in Mar 2019 (when all 3 of us complete 10 year residency period)?

Is there any benefit/ advantage of going with point b) , or , it won't make any difference?

Regards.

[CR001]

a) if I apply for my ILR in Oct 2018 (assuming it gets approved) ; what happens to visa for my family?

They should usually switch to FLR(M). If no travel plans outside the UK, they could wait till they meet the LR requirements. Hopefully your dependents do not have long absence periods.

b) would be it be more prudent if I delay and choose to apply for ILR in Mar 2019 (when all 3 of us complete 10 year residency period)?

Your choice if you wish to do this route.

Is there any benefit/ advantage of going with point b) , or , it won't make any difference?

Makes no difference, though it is risky if your dependents need to travel if you apply for ILR LR next year.

[sh2rm201]

Many thanks CR001 for you swift feedback.

As I stated the current visa that we hold (T2 ICT & PBS Dependent) is valid until Dec 2018.

So, I guess, there is no other option for my spouse & child, but, to apply for FLR(M) - is this correct?

Does FLR(M) - gives them ILR status, or, again something similar to 'Dependent visa' status?

Regards.

[CR001]

As I stated the current visa that we hold (T2 ICT & PBS Dependent) is valid until Dec 2018.
So, I guess, there is no other option for my spouse & child, but, to apply for FLR(M) - is this correct?

Correct

Does FLR(M) - gives them ILR status, or, again something similar to 'Dependent visa' status?

No it does not give them ILR but a new 2.5 year visa. It is a spouse/child visa, current cost is £993 each if postal or £1583 each in person PLUS £500 each immigration health surcharge.

[sh2rm201]

Again thanks CR001 for your swift feedback.

One last query - my son will be completing 'continuous' stay of 7 years in UK in Apr 2018.

Is there any provision to seek ILR; either, for my son, or, for all of us combined; to seek ILR on that basis.

Actually, I'm confused as to when my spouse & child may get eligible for ILR. Hence, exploring options.

Regards.

[sh2rm201]

Also, ... assuming if all 3 of us continue on our T2 ICT visas (assuming we will get another extension prior to it's current expiry in Dec 2018) and my family also complete their 10 year LR period in Mar 2018.

Do my spouse and child still have to apply for FLR(M) ; instead of ILR application (alike me) in Mar 2018)?

Regards.

[CR001]

Do my spouse and child still have to apply for FLR(M) ; instead of ILR application (alike me) in Mar 2018)?

No, because if they qualify for LR ILR, then they can apply on their own individual forms.

[sh2rm201]

Thanks CR001.

My intention here is not to contradict, but, to clarify my understanding.

[For my spouse] As per - https://www.gov.uk/uk-family-visa/partner-spouse

To apply as a partner, you and your partner both need to be 18 or over.

Your partner must also either:
1.. be a British citizen
2.. have settled in the UK (they have ‘indefinite leave to remain’ or proof of permanent residence)
3.. have refugee status or humanitarian protection in the UK

==> So, does it mean, my spouse should apply only 'after' my ILR application is approved /granted?

[CR001]

If she is applying for ILR Long Residence route then there is no need to apply for FLR(M). Long residence ILR is completely independent and separate from you.

[sh2rm201]

Thanks CR001.

Am I referring to a wrong link - https://www.gov.uk/uk-family-visa/partner-spouse

To apply as a partner, you and your partner both need to be 18 or over.

Your partner must also either:
1.. be a British citizen
2.. have settled in the UK (they have ‘indefinite leave to remain’ or proof of permanent residence)
3.. have refugee status or humanitarian protection in the UK

{from above it would seem there is a dependency on the main applicant}

[CR001]

I don't understand why you are going on about FLR(M) if you all apply for ILR LR individually in March 2019.

[Route to ILR]

I don't understand why you are going on about FLR(M) if you all apply for ILR LR individually in March 2019.

@CR001I think OP asking about flrm because of this
my spouse and child shall achieve the same in Apr 2019. At present our visa is stamped until Dec 2018.

Op is qualifying for ILR LR in Nov 2018 .

[sh2rm201]

Hi,

I have got my Tier 2 ICT Long Term Leave To Remain visa renewed for until Dec 2021. And so is my wife (PBS Dependent Leave To Remain). Can my wife apply “independently” (on her own account) for ILR on Long Residence basis (SET LR) which will be due in March 2019? I have read forums saying a PBS Dependent applying for ILR post April 2014 cannot switch to ILR on LR basis, instead should apply for 2.5yrs extension (FLR FM). Hence, the enquiry to seek some guidance.

[zimba]

Yes, she can settle under SET(LR) on her own.
Her status as PBS dependat could be affected case would have been different if you (the main PBS migrant) were applying under SET(LR).
Long residence is granted to a migrant who lived in the UK lawfully and continuously for 10 years. Her current visa type is not a factor given that she is eligible for SET(LR) on her own

[sh2rm201]

Many thanks Zimba for the feedback. Does it mean that she has to apply under SET(LR) “before” I (main applicant) could apply? And, do I also use SET(LR) or something different for my own ILR LR application?

[vinny]

Anyone may apply when eligible.

[sh2rm201]

Many thanks vinny for the feedback. Though, my confusion is
- as I have completed my 10 years and can apply using SET(LR) today ; however, will this impact the current PBS Dependent visa (valid until Dec 2021) for my wife?
- I am assuming once I inform my employer regarding the change in my visa status (provided I get ILR) ; can they ask Home Office to nullify PBS Dependent visa for my wife?
- Would it make more sense for me to wait and let her apply first on LR basis when she will be due in March 2019?
- Also, as per zimba’s feedback - her case would be different if I was to apply using SET(LR). What form should I then be using to apply for my ILR on LR basis?

[vinny]

See also Tier 4 to ILR- curtailment of visa?!

[zimba]

- as I have completed my 10 years and can apply using SET(LR) today ; however, will this impact the current PBS Dependent visa (valid until Dec 2021) for my wife?

Yes it can. She technically should not remain under PBS dependat route as she may risk visa curtailment. Remember we are talking about the possibility of curtailment here but her visa will remain valid if not curtailed. So I suggest to wait until both of you are eligible under SET(LR).

- I am assuming once I inform my employer regarding the change in my visa status (provided I get ILR) ; can they ask Home Office to nullify PBS Dependent visa for my wife?

Your employer cannot ask HO to curtail a visa. They can simply report the changes in your status via the SMS portal to UKVI, that is all.

- Would it make more sense for me to wait and let her apply first on LR basis when she will be due in March 2019?

Absolutely

- Also, as per zimba’s feedback - her case would be different if I was to apply using SET(LR). What form should I then be using to apply for my ILR on LR basis?

I repeat again, SET(LR) is granted INDIVIDUALLY. This means when you apply under long residence, you should be eligible ON YOUR OWN regardless of your visa type or the status of your dependants or partner or anything else.

If you apply for long residence now, then your wife need to switch to FLR(M) route simply to avoid the risk of visa curtailment as she cannot be a PBS dependat anymore. You can view this as an undesirable side effect if you like.
In general, this will not change things much for her either as she will be eligible for SET(LR) on her own in March but under this safety measure, your wife will have to apply for FLR and pay for an extra visa which is not necessary if you wait a little until March 2019

[sh2rm201]

Hi All,

Could someone please help clarify if there are any “financial requirements” associated with the SET(LR) application while applying for ILR on Long Residence basis? Are there any minimum salary threshold, or, bank balance, etc. requirements to be satisfied by the applicant? Appreciate all the guidance and assistance on this matter.

Thanks & Regards.

[zimba]

There are no financial requirements

[sh2rm201]

Many thanks Zimba (as always). We have passed our LIUK and IELTS B1 level exams and now preparing to file for the ILR application. My wife got her first UK VISA stamped on 09-Feb-2009, however, she entered UK on 24-Apr-2009. So, with regards to the calculation of 10 years stay, is she eligible to file her ILR application today? Or, it would be better to apply post 24-Mar-2019? I am asking this query just to avoid any ambiguity with respect to the clause that says you could apply “28-days prior” to the completion of 10 year period. Appreciate your guidance.

[sh2rm201]

Appreciate everyone’s guidance here ; please advise -
- VISA granted on 9-Feb-2009
- Entered UK on 24-Apr-2009
Should I apply for LR ILR today? Or, should I apply post 24-Mar-2019?
(Considering 28 days prior to completion of 10 years clause)

[CR001]

Appreciate everyone’s guidance here ; please advise -
- VISA granted on 9-Feb-2009
- Entered UK on 24-Apr-2009
Should I apply for LR ILR today? Or, should I apply post 24-Mar-2019?
(Considering 28 days prior to completion of 10 years clause)

Long residence ILR starts counting from the date you ENTER the UK, so no, you cannot apply now as you have not reached the 'within 28 days' period yet.

[sh2rm201]

Thank You CR001 .. again appreciate your guidance.