ILR (LR) and FLR(M) application at the same time?

[Kamana]

Hi

I and my spouse are currently on T2 General. Our T2 visa has expired about a week ago but we already have a 'valid in time application' with the home office for T2 extension. I was only two days short for the ILR (LR) application (days counted including 28 day rule).

In theory now I am in a position to apply for ILR as I have completed 10 years.

1. Can I and my spouse apply for ILR and FLR(M) even though we have a application with HO for T2 extension? or is it better to wait until T2 extension is decided?
2. If we apply now before T2 has been decided will we get the T2 extension application and Health surcharge refund for both of us?
3. Is it absolutely necessary to apply for ILR(LR) and FLR(M) at the same time or can we apply for FLR(M) after ILR has been granted for me?



Thanks

[zimba]

You should have applied for SET(LR) directly. There was no need for an extension. You would have applied before visa expiry and booked the appointment later when eligible

1. Can I and my spouse apply for ILR and FLR(M) even though we have a application with HO for T2 extension? or is it better to wait until T2 extension is decided?

You can vary both applications now. Just apply as normal and include a cover letter explaining your intention

2. If we apply now before T2 has been decided will we get the T2 extension application and Health surcharge refund for both of us?

IHS is not refunded if you apply for ILR

3. Is it absolutely necessary to apply for ILR(LR) and FLR(M) at the same time or can we apply for FLR(M) after ILR has been granted for me?

It is recommended but not necessary. This is to reduce the risk of a refusal of your dependant in the meantime if you vary to SET(LR)

[Kamana]

Hi
Question 1 - Can you please send me the link of the guidance. Are you sure we can apply for ILR & FLR(M) even though we are in section 3C leave now. I thought making a new application on a different category will end section 3C leave hence we will have no right to be in the UK.

Question 2 - if we submit a new application before existing application is decided would they refund us Tier 2 application fee for both of us and health surcharge we have paid for my spouse? also can you send the guidance for this please.

Thanks

[CR001]

https://www.gov.uk/government/publicati ... procedures

[Kamana]

Thanks CR001

The guidance says..' An applicant submits application A in time. They then submit application B before
application A has been decided, but after the applicant’s leave has expired when the applicant transitioned to 3C leave. As the applicant transitioned to 3C leave and a decision has not yet been made on application A, application B is automatically considered as a variation of application A. The date of application is the date application A was submitted.'

In my case if I apply for ILR now the date of application would be my Tier two application date isn't it? if that's the case then they could say I have applied before I have completed 10 years (but in reality now I have completed 10 years). what do you think?

[zimba]

As repeated many many times, you must be eligible on the day of decision The day of application becomes irrelevant if the decision is made on a later day

[Kamana]

Thanks for being very helpful Zimba.
I have read the guidelines for ILR and i can see the the date of the application is irrelevant and its the the date of decision that counts in my case..
I wish i had known this before. Since i have my spouse and children the situation becomes bit complicated.
Q1. My spouse can apply for ILR(LR) after about 18 months if everything goes according to the plan so under any circumstances we don’t want to break the continuous leave. Since there is no ILR dependent category, (meaning we have to submit two separate applications) and if I apply for ILR with application variation now my spouse (who is on section 3) will also have to do a application variation (FLR M). In this case will my spouse have a break in counting for 10 year rule? Or applying on a same date asme will have no problems on the dependent?

Q2. I haven’t done a Life in the Uk test but booked for next week. Do i have to do before i apply or can it be done before appointment date?

Q3. Can i leave the children out of the equation as they are born in the UK and can apply for MN1 after i get ILR. But since I have included them in the T2 extension do i have to apply for their MN1 on the same day?

Q4. If the someone with a valid visa apply to change a category but gets a rejection will his previous visa be still valid?
Im thinking of getting the outcome of current T2 application then apply for ILR and when i get my ILR I can apply for spouses flrm. In case flrm gets rejected spouse will have another chance as spouse will have T2 depend visa though I am on ILR.

Thanks gain

[aman90]

Q1. My spouse can apply for ILR(LR) after about 18 months if everything goes according to the plan so under any circumstances we don’t want to break the continuous leave. Since there is no ILR dependent category, (meaning we have to submit two separate applications) and if I apply for ILR with application variation now my spouse (who is on section 3) will also have to do a application variation (FLR M). In this case will my spouse have a break in counting for 10 year rule? Or applying on a same date asme will have no problems on the dependent?

No break in leave. Once varied to FLR(M) and successfully granted... spouse can apply for LR when eligible

Q2. I haven’t done a Life in the Uk test but booked for next week. Do i have to do before i apply or can it be done before appointment date?

Must be taken before application preferably as you’ll tick the box within the application. I can’t recall if any numbers are mentioned. But you should be done with the test by Sopra appointment to upload at the time.


Q3. Can i leave the children out of the equation as they are born in the UK and can apply for MN1 after i get ILR. But since I have included them in the T2 extension do i have to apply for their MN1 on the same day?

You can leave them out and state in variation cover letter that you’ll apply for MN1 once granted ILR.

Q4. If the someone with a valid visa apply to change a category but gets a rejection will his previous visa be still valid?

Yes.

Im thinking of getting the outcome of current T2 application then apply for ILR and when i get my ILR I can apply for spouses flrm. In case flrm gets rejected spouse will have another chance as spouse will have T2 depend visa though I am on ILR.

FLR(m) will only be rejected if ur LR is rejected..
You shall be refunded your IHS fee and ext application fee. Applicants on this forum have alluded to that.

Thanks gain

[Kamana]

Thank you all for taking time to answer my questions. I am writing this just for the record and for the community here who may have a similar situation in future.

I have spoken to few immigration lawyers yesterday and today and different lawyers saying different things. All the lawyers agree that I can get my ILR with no issues even if I do variation now but some thinks that my spouse will break her continuous leave if we apply for a variation now and it is safer to wait the T2 extension.
After taking all aspects in to consideration and risk around it I have decided to loose £3000 and wait for T2 outcome, and then apply for ILR and FLR(M) at the same time once T2 is granted.
Thanks

[Kamana]

Hi. Our situation has slightly changed since my last post. My spouse has a job offer which employer agrees to sponsor under T2 general visa.

Question 1. Is it possible to vary her application to T2 even though she is on Section 3C (in time valid application for T2 dependent for her is with HO already)

Question 2. Could varying her application at this point to an independent T2 visa would break the 10 year long residency? (She has already completed 8.5 years on a dependent visa)

Will appreciate a full explanation as i am very confused with varying her application while she is on section 3C. What is the best way to approach this.

Thanks

[aman90]

The company that has decided to sponsor ur spouse would have a lawyer on their panel..no?
They can easily clear it all up and sort it out for you.,
Google 3c leave.. you’ll find a pdf issued by gov.uk you’ll find most answers there!

[Kamana]

Hi Aman90.
Thanks for putting me into the right direction. They may have lawyers but I don’t know yet. Its hard to trust any of the lawyers really as i have already got different opinions from them. I feel like it is my responsibility to be certain about this as I deal with the issues.
I have read the Section 3C but it is very confusing.

‘A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by this section.”

Then it goes...
‘However, section 3C (5) does allow the person to amend their existing application at any time before it is decided by the Secretary of State. The application to amend the existing application has to be a valid application’
Here are they talking about making little changes to my existing application? If so someone on Section 3C cannot make a variation (new) application?

[zimba]

PBS dependants cannot switch to become main Tier 2 applicants in the UK. She must leave the UK and apply from home country under Tier 2 General herself if she is currently under PBS dependant route.
Just FYI, variation is perfectly fine as long as you have a pending application. Variation of leave is NOT the same as making a new application so Section 3C remains engaged after variation .