Applying for ILR through 10 year long term - need some assistance

[CR001]

It is unlikely your SET(LR) will take 6 months.

If you do NOT vary your dependents application to either FLR(M) meeting the financial requirements OR FLR(FP) 10 year Partner route where you do NOT have to meet the financial requirement, her current tier 2 dependent visa application will be refused.

[swissman20]

Thank you,

Is it true that SET(LR) applications are relatively straightforward, reflected by the minimal documents, and will take lesser time to process compared to other settlement routes if the application is not complex?

Thank you on your reply regarding my dependent. It is very obvious that when I vary my application to SET (LR), because we do not have £62,500 in cash savings and I'm being made redundant, my wife is just not eligible (she does not work) for FLR(M). My concern is whether she becomes an overstayer because her Tier 2 dependent application is refused automatically when I apply for SET (LR) and I do not meet the requirements for her FLR (M)?

Will we be in trouble when I apply for her FLR (M) down the line after I get ILR and a job that meets the financial requirements (£18,600)? In an earlier post you had said her 3c remains, this is what I need clarity on.

Thank you.

[CR001]

Is it true that SET(LR) applications are relatively straightforward, reflected by the minimal documents, and will take lesser time to process compared to other settlement routes if the application is not complex?

Not really. All applications go through the same checks and queries. Not many ILR applications, regardless of which route you have applied through, take 6 months.

Thank you on your reply regarding my dependent. It is very obvious that when I vary my application to SET (LR), because we do not have £62,500 in cash savings and I'm being made redundant, my wife is just not eligible (she does not work) for FLR(M). My concern is whether she becomes an overstayer because her Tier 2 dependent application is refused automatically when I apply for SET (LR) and I do not meet the requirements for her FLR (M)?

You MUST vary her application before a decision is made. She is NOT eligible for a tier 2 dependent extension if you apply based on long residence. The rules are very clear on this and have been in place since April 2014, so it is not anything that is 'new'. If you cannot meet the FLR(M) requirements, she will have to vary to FLR(FP) 10 year partner route.

Will we be in trouble when I apply for her FLR (M) down the line after I get ILR and a job that meets the financial requirements (£18,600)? In an earlier post you had said her 3c remains, this is what I need clarity on.

Her section 3C only remains in place while she has an application pending. If your ILR is approved, her pending tier 2 dependent visa will be refused and she will have no legal status. It is absolutely imperative that she varies to FLR(M) or FLR(FP) before HO makes a decision on her extension.

[swissman20]

Thank you,

The offers me more clarity but also a lot more uncertainty.

I forsee that there will be a time where my wife might need to move back to India during the time that my ILR is being processed to avoid her overstaying. Can you please tell me if she has a certain duration from the time the decision is made to leave the country?

To avoid any complications, my inclination would be to have her in India while I'm job hunting and to then apply for her FLR (M) from India which should be straightforward if the case is simple.

[seagul]

apply for her FLR (M) from India which should be straightforward if the case is simple.

Flrm cannot be made from overseas rather a spouse visa can be applied if the requirements are met:


https://www.gov.uk/uk-family-visa/partner-spouse

[CR001]

Thank you,

The offers me more clarity but also a lot more uncertainty.

I forsee that there will be a time where my wife might need to move back to India during the time that my ILR is being processed to avoid her overstaying. Can you please tell me if she has a certain duration from the time the decision is made to leave the country?

To avoid any complications, my inclination would be to have her in India while I'm job hunting and to then apply for her FLR (M) from India which should be straightforward if the case is simple.

Any particular reason you don't simply vary her tier 2 dependent visa to FLR(FP) when you apply for SET(LR)???

[swissman20]

Thank you,

The offers me more clarity but also a lot more uncertainty.

I forsee that there will be a time where my wife might need to move back to India during the time that my ILR is being processed to avoid her overstaying. Can you please tell me if she has a certain duration from the time the decision is made to leave the country?

To avoid any complications, my inclination would be to have her in India while I'm job hunting and to then apply for her FLR (M) from India which should be straightforward if the case is simple.

Any particular reason you don't simply vary her tier 2 dependent visa to FLR(FP) when you apply for SET(LR)???

I understand the requirement under FLR (FP) that the partner should have a child with the main applicant having ILR in order to be eligible for applying under it? Perhaps I have not done my research on this sufficiently.

[CR001]

Thank you,

The offers me more clarity but also a lot more uncertainty.

I forsee that there will be a time where my wife might need to move back to India during the time that my ILR is being processed to avoid her overstaying. Can you please tell me if she has a certain duration from the time the decision is made to leave the country?

To avoid any complications, my inclination would be to have her in India while I'm job hunting and to then apply for her FLR (M) from India which should be straightforward if the case is simple.

Any particular reason you don't simply vary her tier 2 dependent visa to FLR(FP) when you apply for SET(LR)???

I understand the requirement under FLR (FP) that the partner should have a child with the main applicant having ILR in order to be eligible for applying under it? Perhaps I have not done my research on this sufficiently.

No, you are misunderstanding. I have clearly stated, more than once, that she can vary to FLR(FP) 10 year PARTNER route, which is for those who do not meet the English or financial requirements.

If you do not meet these requirements you may still be able to apply for a visa or extend your permission to stay if:

* you have a child in the UK who is a British citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave the UK
* there would be very significant difficulties for you and your partner if you lived together as a couple outside the UK that could not be overcome
* it would breach your human rights to stop you coming to the UK or make you leave

[swissman20]

Thanks

I've had a tough few days on the job front so I'm probably not reading your comments straight. Thanks for the patience as always...