ILR LR and Spouse Visa Query

[infinitesmile]

Hi All,
I am completing my 10 years this year in July. As I am on extension of tier1 entrepreneur and visa valid till June 2021. do I still need to employ for 2 full time jobs or I can go for ILR LR without creating jobs as it's a totally different route.
Secondly as I have dependents wife and kids. Do I need to switch my wife on spouse visa straight away after getting ILR or she can stay on current tier1 dependent visa till next year June before switching to spouse visa.
Thanks

[infinitesmile]

Hi Marcnath & zimba plz reply

[zimba]

Hi All,
I am completing my 10 years this year in July. As I am on extension of tier1 entrepreneur and visa valid till June 2021. do I still need to employ for 2 full time jobs or I can go for ILR LR without creating jobs as it's a totally different route.
Secondly as I have dependents wife and kids. Do I need to switch my wife on spouse visa straight away after getting ILR or she can stay on current tier1 dependent visa till next year June before switching to spouse visa.
Thanks

Tier 1E requirements for ILR do NOT apply under SET(LR). Your spouse should switch to FLR(M) as soon as she can

[infinitesmile]

Hi Zimba,

Thanks for your reply. Few more questions

1) Can I go for the Super Priority Service which is £800 for ILR LR?
2) For FLR(M) I have to show £18600 combined salary for me and wife but I do not have to apply for dependent visa for my kids as they are Born in UK, correct me if I am wrong. So, Salary threshold won't increase due to kids as they won't be on dependent visa.
3) And for Kids do I have to apply Naturalization as soon as I will get my ILR or I can wait till their Tier 1 dependent visa is about to expire.

Thanks

[CR001]

1. Yes.

2. If your children are not British, then you have to prove the higher salary requirements, regardless if they are applying with your spouse or not. Only British children are not included in the financial requirment. Simply being born in the UK doesn't make them exempt.

3. Children are REGISTERED. Only adults are naturalised. You can apply for them at any time once you have ilr. Citizenship is not an immigration application. Their visas are irrelevant.

[infinitesmile]

Thanks CR001 for your reply.

So, if the children are already registered then why do i have to include them into the spouse visa application and higher salary threshold as they will be applying to register as British after my ILR.

If I have to apply for higher salary threshold how much salary it would be for 2 children with spouse ?

Thanks

[CR001]

So, if the children are already registered then why do i have to include them into the spouse visa application and higher salary threshold as they will be applying to register as British after my ILR.

You don't say they will be registered at that point and there is no guarantee that they will be. Registration can take up to 6 months, sometimes longer. They are only British and excluded from the requirement when they are officially british.

If I have to apply for higher salary threshold how much salary it would be for 2 children with spouse ?

https://www.gov.uk/uk-family-visa/proof-income

[infinitesmile]

Hi CR001,

I didn't get your point.
After My ILR I can apply to Register my children as British and Apply Spouse visa for my wife only at the same time.
So the question was the Salary requirement for wife on spouse visa is £18600 as the children are not included in the application as their separate application is already submitted.
But according to you the salary threshold will be more than 18600, which I don't understand.

Please can you clarify.

[CR001]

Your non British children are not included in the VISA application, but they will be included to calculate the financial requirements because they are not yet British. Only British citizens are excluded from the financial calculation.

Having an application for the children pending and submitted does not make them british.

[infinitesmile]

Thanks CR001

Can I apply to Register my children as British after my ILR and wait for the approval. And once approval is received lets say 6 months then I will apply for wife's spouse visa as her Tier1 dependent visa will be valid by then.

Will it work like this ?

[CR001]

Yes you can

[infinitesmile]

Thank you so much for clarification.

[infinitesmile]

Hi CR001/Zimba/Marcnath,

I have filled the online application form for ILR LR and I have a query related to it. The list of documents asked at the end are mentioned below

1. Evidence you have to prove the relationship with Mrs YYYY (for example marriage certificates), and correspondence addressed either to you jointly, or in both of your names, or addressed individually to you at the same address, to cover the last two years
2. Proof of Mr XXX relationship status as the married or civil partner of Mrs YYY
3. Evidence you have to prove the relationship with your child / children (for example full birth certificates)
4. Document(s) showing your child / children's immigration status such as passports, biometric residence cards, or vignettes
5. Document(s) showing Mrs YYY immigration status such as a passport, biometric residence card, or vignette
6. The passport issued by ------ for Mr XXX
7. Current Biometric Residence Permit Mr XXX
8. All previous passports, travel documents or national identity cards that you have used to travel to or remain in the UK


Questions 1: The point no. 2 is asking for proof of relationship as the married or civil partner. Which document is needed for this proof. As I suppose the point no. 1 which is asking for Marriage certificate and two years address history should be fine for this marriage proof. Please can you elaborate which proof is required for no. 2.

Thanks

[zimba]

None of those relationship related documents are required. Long residence ILR has nothing to do with your partner or children as you must qualify on your own and your relationship or children's status are not relevant. The doc list is generic

[infinitesmile]

Hi Zimba, CR001

In that post i asked to apply for ILR LR on the Super Priority service but due to the global pandemic all of the Super / Priority Centers are now closed and only option is to apply for standard application which takes 6 months for ILR. Me and dependents (wife and 2 kids UK born) visas are valid till next year July. My questions below

1) Can I apply for ILR LR in August next month and wait for the outcome within 6 months. If positive and then apply for Naturalization for 2 UK born children and in the end apply for FLR(M) for spouse after kids Naturalization.
2) Or Can I apply for FLR(fp) for Spouse if the salary or English requirement are not met after getting ILR and getting children Naturalized.
3) Will her dependent visa remain valid till next year July 2021 if I switch to ILR (LR) and apply her visa 28 days before the expiry of current visa in May 2021 ?

Thanks

[zimba]

1. Yes.

2. If your children are not British, then you have to prove the higher salary requirements, regardless if they are applying with your spouse or not. Only British children are not included in the financial requirment. Simply being born in the UK doesn't make them exempt.

3. Children are REGISTERED. Only adults are naturalised. You can apply for them at any time once you have ilr. Citizenship is not an immigration application. Their visas are irrelevant.

Her visa remains valid but she is expected to switch as UKVI may curtail her visa. She should not travel using her PBS route BRP or could be refused entry

[infinitesmile]

Hi Zimba,

I understand that none of those relationship documents are required. But after reading the guidance notes on Long Residence dated Oct 2018
https://assets.publishing.service.gov.u ... 6.0ext.pdf

which states that please provide all the below mentioned documents
Doctors Letter, Council Tax letter, Gas, Electricity and water, National Insurance, HMRC letters, Employers letters, Full Birth Certificates, Mortgage documents. All of these documents are required covering each year of stay.

1) My question is that is this guidance still valid or its outdated.
2) Secondly Only I have to provide is the ( All passports, BRP card, LIUK TEST Ref, Degree Certificate) Thats it !!!
3) If the doc list is generic then why it is generated if not needed. And what if they will refuse the application for ILR LR if we dont provide these documents like relationship docs or the proof of address letters covering 10 years.
4) How the 10 years legal residence will be calculated by only just the passports ?

Thanks

[CR001]

which states that please provide all the below mentioned documents
Doctors Letter, Council Tax letter, Gas, Electricity and water, National Insurance, HMRC letters, Employers letters, Full Birth Certificates, Mortgage documents. All of these documents are required covering each year of stay.

Where does it state that?? These documents are ONLY required if you do NOT have all the passports for 10 years long residence.

1. The guidance is still valid and I am fairly certain it clearly states, in whichever page you read this, that it is for if an applicant doesn't have all the passports.

2. Yes.

3. You should follow the immigration rules requirements NOT a generic checklist.

4. Yes

[zimba]

Hi Zimba,

I understand that none of those relationship documents are required. But after reading the guidance notes on Long Residence dated Oct 2018
https://assets.publishing.service.gov.u ... 6.0ext.pdf

which states that please provide all the below mentioned documents
Doctors Letter, Council Tax letter, Gas, Electricity and water, National Insurance, HMRC letters, Employers letters, Full Birth Certificates, Mortgage documents. All of these documents are required covering each year of stay.

1) My question is that is this guidance still valid or its outdated.
2) Secondly Only I have to provide is the ( All passports, BRP card, LIUK TEST Ref, Degree Certificate) Thats it !!!
3) If the doc list is generic then why it is generated if not needed. And what if they will refuse the application for ILR LR if we dont provide these documents like relationship docs or the proof of address letters covering 10 years.
4) How the 10 years legal residence will be calculated by only just the passports ?

Thanks

I suggest to avoid making your own interpretation of the immigration rules. The online system is generic and inaccurate. You will NOT be refused unless you fail the requirements under the rules

[infinitesmile]

Hi Zimba/CR001 and Moderators,

I have applied for ILR (LR) on 22 Aug 2020 for my self but I have not applied for any visa for my wife and 2 kids which are my dependent on the Tier 1 Entrepreneur Visa valid till July 2021.
My worry is that all the August applicants are getting there decisions and even later dates than 22nd Aug have got their decisions i.e. 26th, 27th, 28 and 30th Aug applicants but my case is still pending. Can It be because of the following reasons

1) I have not applied for the FLR (M) for my wife when I applied for the ILR (LR) for myself. Is UKVI waiting for me to submit an FLR (M) application for my wife to conclude my ILR LR decision.
2) If I apply for the FLR (M) for my wife then the Salary required is £24,800 but our both salaries combined through my Limited company is equating to £19000 and its not upto the required amount to be eligible.
3) She is also yet to complete the A1 English test as well before I can apply her FLR (M)
4) Can she apply for FLR (FP) instead if the requirement for the spouse visa are not met or she have to apply for FLR (M) anyway.
5) The reason I did not apply for FLR (M) for my wife at the same time as the my ILR (LR) is because I wanted to wait for my ILR LR approval and then apply for MN1 for both kids. After their approval in the end I would apply for FLR (M) for my wife as by the time kids get the MN1 registration then the salary threshold for Spouse visa would be £18600 which currently me and my wife meet. Considering the current visas don't expire and I get my approval and kids approval as well before the July 2021.

6) Does Not applying for FLR (M) for my wife affecting my ILR (LR) decision making process or is it not related to it. As I have provided all the documents related to my wife and kids in the ILR (LR) application. e.g. Thier Passports, BRPs copies, Marriage Certificates, Birth Certificates for children and proof of address for the last wo years as well.
Are all the above documents gone against me ????

Moderators can you please advise regarding above queries.

Thanking in advance.

[zimba]

I repeated several times that do NOT make your own interpretation. SET(LR) has NOTHING to do with your dependants. There is NO need for them to switch to the family route immediately unless they want to travel. Stop panicking. Your application will be decided in its own timeframe. Because others (who applied at the same with you) are getting decisions, does not mean anything. Your application may need more time to be decided. Wait to hear back.

[infinitesmile]

Thanks Zimba for Reassuring words. I will patiently wait for the outcome.

[infinitesmile]

Thanks to Almighty ALLAH, I have received my ILR approval.

Thanks to every moderator of this forum. Especially to Zimba, CR001, Marcnath. Your advise is really helpful and reassuring in the difficult times of waiting.

This forum is really useful and great help to all the members who are waiting for their visas. I wish each and everyone a very good luck and in the end please be patient and there will be light in the end.