Tier 1 ext to ILR (LR)

[alpharomeo]

Dear fellows and experts,

Need advise and expert opinion for my spouse ILR as many people telling me different things. I am main applicant and my wife currently on Tier 1 Ent having leave to remain until Sep 2019. My ILR on 10 years route is completing in first week of Jan 2019. My wife joined me here in UK as Tier 1 ent dependent in Oct 2014 (so her 5 years as Tier 1 dependent completing in Oct 2019). Now my question are;

1. If I as main applicant apply ILR in Jan 2019, will it effect my wife's leave to remain as Tier 1 dependent until Sep 2019?

2. Will my wife get her ILR in Sept 2019 after completing her 5 years on dependent, as only few days discrepancy coming in between but less then 28 days? or she has to complete another 5 years?

3. can she apply 28 days prior to her completion of 5 years as dependent or she has to complete whole 5 years clock?

I will be waiting for the kind advises from the experts. thank you.

[vinny]

It depends on your route to ILR.

[alpharomeo]

thank you Vinny for your reply.

I read that post earlier but still unclear... I think I am getting thick headed

I as main applicant going for long residence (LR) application in Jan 2019, me and my wife both have leave to remain until 30 Sep 2019. My wife's 5 year as dependent/spouse completing in 10 Oct 2019. Can you advise now?? thank you

[CR001]

No, she won't be able to apply ILR based on her tier 1 dependent visa as you don't plan to apply for ILR based on tier 1 ent.

If you apply for ILR based on long residence, she has to switch to FLR M and this will reset her clock to zero for ILR based on 5 years residence.

[alpharomeo]

Thank you CR001,

Can you please help me with the rules for spouse visa if I am wrong, one of my friend told me that once your spouse complete 5 years with you then she is automatically qualify for ILR??

[CR001]

5 years in one category, ie 5 years as a PBS dependent OR 5 years as spouse of settled person flr m. You cannot use the PBS route because you got ILR based on li g residence.

She cannot combine the time as obs dependent and time as FLR M spouse visa to make up 5 years either.

The rules were changed in April 2014.

[alpharomeo]

Thank you CR001,

thank you for your detailed reply, can we say once I will apply for my ILR on long residency base in Jan 2018 as main applicant and leave my wife's visa unchanged as Tier 1 dependent untill Sep 2019 (as she already has got leave to remain until 30 Sep 2019)..

In this case can she apply for ILR completing 5 years on the same visa.

Thank you

[CR001]

. In this case can she apply for ILR completing 5 years on the same visa.

No she cannot. She can only apply for ILR as a PBS dependent if you get ILR based on pbs route. The rules changed in 2014 regarding long residence and pbs dependents, see link below. She will have to switch to FLR M which will reset her clock.

immigration-for-family-members/dependan ... 43881.html

[alpharomeo]

Thank you very much CR001 for all your detailed answers and sorry for late reply.

Lastly, I just wanted to check when my spouse will file set M after i will get my ILR, will she has to show her income 18600 on her own? or mine income as main applicant?? or we can combine our incomes??

And what if she only rely on her income which more then 18600/annum anyway?

[CR001]

Thank you very much CR001 for all your detailed answers and sorry for late reply.

Lastly, I just wanted to check when my spouse will file set M after i will get my ILR, will she has to show her income 18600 on her own? or mine income as main applicant?? or we can combine our incomes??

And what if she only rely on her income which more then 18600/annum anyway?

She doesn't qualify for ILR on Set(M) if she holds a PBS Dependent visa. Why are you asking about SET(M) ILR form??

[alpharomeo]

. In this case can she apply for ILR completing 5 years on the same visa.

No she cannot. She can only apply for ILR as a PBS dependent if you get ILR based on pbs route. The rules changed in 2014 regarding long residence and pbs dependents, see link below. She will have to switch to FLR M which will reset her clock.

immigration-for-family-members/dependan ... 43881.html

CR001 please your above post regarding set M.

[CR001]

. In this case can she apply for ILR completing 5 years on the same visa.

No she cannot. She can only apply for ILR as a PBS dependent if you get ILR based on pbs route. The rules changed in 2014 regarding long residence and pbs dependents, see link below. She will have to switch to FLR M which will reset her clock.

immigration-for-family-members/dependan ... 43881.html

CR001 please your above post regarding set M.

I don't understand why you are asking about Set(M). She doesn't qualify for Set(M) now as she DOES NOT hold a spouse settlement visa. I referred to FLR(M) above, which is a 2.5 year visa and NOT Set(M) which is an ILR form.

If you apply for ILR based on long residence, she DOES NOT qualify for ILR. She has to change to FLR(M) 2.5 year spouse visa.

If you expect any useful advice or help, please ask your questions clearly so that we can understand.

[alpharomeo]

Thanks you CR001 for your reply and sorry for not making point clear; so one thing is clear that once i will get my ILR (10 year route) then my wife has to apply FLR(M) 2.5 x 2, Is this correct?

For applying this above mentioned form we have show 18600 income? is it ok if she show her income which is around 21k or do I as main applicant has to show my income as well or can we show both of ours?

please reply, thank you.

[CR001]

Thanks you CR001 for your reply and sorry for not making point clear; so one thing is clear that once i will get my ILR (10 year route) then my wife has to apply FLR(M) 2.5 x 2, Is this correct?

Yes.

For applying this above mentioned form we have show 18600 income? is it ok if she show her income which is around 21k or do I as main applicant has to show my income as well or can we show both of ours?

EITHER income OR you can use JOINT income.

[alpharomeo]

Thanks you CR001 for your reply and sorry for not making point clear; so one thing is clear that once i will get my ILR (10 year route) then my wife has to apply FLR(M) 2.5 x 2, Is this correct?

Yes.

For applying this above mentioned form we have show 18600 income? is it ok if she show her income which is around 21k or do I as main applicant has to show my income as well or can we show both of ours?

EITHER income OR you can use JOINT income.

Thank you and so nice of you to explain this to me.

[alpharomeo]

Hi everyone

Just checking if we are applying ILR (LR) so what documents we need to upload and once uploaded do we need to take all originals to the appointment day for verification?? as per my understanding documents for LR are;
1. all previous passports
2. Life in UK cert and
3. English Language or UK degree. Am I correct??

I am currently on Tier 1 Ext (have valid leave until Jan 2020), do I need to upload any business documents if applying for LR route??

[alpharomeo]

hello seniors, grus ,,,, please answer my query, than you

[zimba]

You do not need to provide any business related documents unless asked later. You must take all original documents to your appointment

[alpharomeo]

You do not need to provide any business related documents unless asked later. You must take all original documents to your appointment

thank you zimba

[alpharomeo]

Thank you Zimba and other seniors, please clarify my as I am getting mixed information. I got UK visa 11 May and entered 30 May.

What date should I take for the completion of my ten years. I am intending to file my application once I complete 10 years as one my friend had some problem few years ago on the same issue.

Thank you

[CR001]

For ILR based on 10 years long residence, it counts from the date you ENTERED the UK and NOT your visa start date.

[alpharomeo]

For ILR based on 10 years long residence, it counts from the date you ENTERED the UK and NOT your visa start date.

Thank you CR001. So i Can apply 28 days mins 30 May. Is it correct.

[CR001]

Correct.

[bajo85]

No, she won't be able to apply ILR based on her tier 1 dependent visa as you don't plan to apply for ILR based on tier 1 ent.

If you apply for ILR based on long residence, she has to switch to FLR M and this will reset her clock to zero for ILR based on 5 years residence.

Dear CR001,

This question is to help the member who created the post, when you say the clock is reset to ZERO, then, can’t the member’s spouse claim/include the already lawfully spent time in the UK in her ILR 10 years route application?

Please comment

Thank You

[CR001]

No, she won't be able to apply ILR based on her tier 1 dependent visa as you don't plan to apply for ILR based on tier 1 ent.

If you apply for ILR based on long residence, she has to switch to FLR M and this will reset her clock to zero for ILR based on 5 years residence.

Dear CR001,

This question is to help the member who created the post, when you say the clock is reset to ZERO, then, can’t the member’s spouse claim/include the already lawfully spent time in the UK in her ILR 10 years route application?

Please comment

Thank You

Read my post again, specifically the last 5 words where I have been clear on what clock for ILR is reset.