Financial Requirements for FLRM

[PRM]

Hi,

Please can someone advise on this? I have written to Home Office as well as a few Immigration Advisors and have received conflicting advice:

I came to UK on PBS Tier 2 ICT route after 2011 and got my ILR under 10 year long residency in 2022. I have now applied for British citizenship and the application is underway. I got my spouse to UK in 2016 as a dependent on PBS Tier 2 and his current visa is due to expire in Jan2024.
The question is whether my spouse should extend his stay as PBS Tier 2 Dependant or he must switch to Spouse Visa under FLR M route.

Home Office have advised that he can extend as Tier 2 dependant but Immigration Advisors are saying that it is not correct and he must switch to Spouse Visa.

I have read all the latest guidance which was updated in August but getting nowhere on this.

[manci]

I have read all the latest guidance which was updated in August but getting nowhere on this.

The rules changed earlier this year. Read these posts:

immigration-for-family-members/dependan ... l#p2112011

indefinite-leave-to-remain/queries-abou ... l#p2111883

[PRM]

Thanks a lot for looking into my query. Really appreciate you taking out time for this.
I read those links and still not getting much clarity.

So I tried to find the correct application link as per
https://www.gov.uk/long-residence/family-members

It points me only to Spouse visa.
There is no way I can find a link to extend as PBS dependent.

Home Office kept telling me this but the link they shared is for ILR for my dependent not the extension:
<sub>As stated in my colleagues email he can continue to extend his visa under the same route as a dependent of a skilled worker/ tier 2 after you get ILR.

https://www.gov.uk/indefinite-leave-to- ... ly-members</sub>

I would be grateful if someone could provide further clarity and if someone else is in the same boat as I am.

Best Regards
PRM

[manci]

the latest guidance is only 3 weeks old, published on 17 August 2023
https://assets.publishing.service.gov.u ... routes.pdf
on p31:

If the lead applicant has settlement on the basis of long residence (including where they have subsequently naturalised as British citizens) provided they held leave under the relevant PBS route at the time when they settled, their partner can extend their permission or gain settlement as a dependant under these routes.

I don't think there is anything to the contrary in:

Immigration Rules Appendix Skilled Worker. Updated 9 Aug 2023
https://www.gov.uk/guidance/immigration ... led-worker
and IImmigration rules Part 8, updated 9 Aug 2023
https://www.gov.uk/guidance/immigration ... ly-members

The document you provided the link for https://www.gov.uk/long-residence/family-members
does say when pointing to the spouse visa "if your dependants are not eligible to apply separately"

In summary, given the info you provided IMO your partner is eligible to apply for ILR.

[PRM]

Thanks @manci!

Is it true that my partner is eligible for ILR but only under the 10 year route since I got my ILR under the same route. So now he still has 2.5 years to go since he came to UK in 2016.

Will he have to switch to spouse visa to cover this period? I am not able to find any application links where he can continue to extend as PBS dependent and the only option seems to be spouse visa.

Really appreciate your patience on this, and apologies if I am repeating my question.

Best regards
PRM

[manci]

Is it true that my partner is eligible for ILR but only under the 10 year route since I got my ILR under the same route

source?

[PRM]

Thanks @manci

Some immigration advisors have told me this.

Best regards

[CR001]

Thanks @manci

Some immigration advisors have told me this.

Best regards

They are talking absolute nonsense. There is no such rule.

[PRM]

Thanks @CR001 and @manci. Very grateful for looking into this.

I dug a little deeper into my case and found out some nuances. I would appreciate if you could look into it and share your views. Hopefully this would be my last question because I cannot dig any further than this

1. I came here on T2 ICT Long-term Staff category Visa issued after 10 April 2010 but before April 2011 and continued extending the same visa (without switching to any other) until I got my ILR under 10 year long residence to obtain ILR , in 2022.
2. I got my spouse as a PBS DEPENDENT LEAVE TO ENTER in 2016 .
His last visa extension as my dependent was done in 2021 valid till Jan 2024 as ‘DEPENDENT PARTNER LEAVE TO REMAIN’ when I extended mine via ‘Intra-company Transfer and Graduate Trainee’ application and got ‘IC TRANSFER LEAVE TO REMAIN’
3. Now that I have ILR and have applied for British citizenship this year, my questions are as follows:

1. Is my spouse eligible for ILR this time or is he eligible only when he completes 10 year long residence?
2. In case he cannot apply for ILR this time, which application should we go for in order to extend his stay beyond 2024.
• As per latest guidance published in Aug 2023 which covers ICT Graduate Trainee route as well, it seems he can extend as PBS dependent but I cannot find any application links.
https://www.gov.uk/government/publicati ... accessible
This says: Lead applicant immigration status
If the lead applicant has obtained settlement or British citizenship through any route covered by this guidance, a dependent can apply for permission to stay, or settlement if they qualify, as a dependent on the economic route, provided they held permission as the lead applicant’s dependent before the lead applicant settled. It is also open for them to apply as the partner or child of a settled person under the family rules.
If yes, please help with application link because I am not able to find one for my scenario, this seems to be the only one.
https://www.gov.uk/senior-specialist-wo ... d-children

• If he is not eligible to extend as PBS dependent and must switch to Spouse visa, then is this the correct application link : https://www.gov.uk/long-residence/family-members


Please bear with me and thanks once again for your patience.

Best Regards
PRM

[PRM]

Posting this for people in the same situation as mine.
It turns out that the ICT2 visa I was on ( which now falls under Global mobility visa) does not allow settlement under work route and only under 10 year long residence route. Also, the new guidance does not include Global Mobility visa when it comes to settlement of partners .
So the only route my partner can extend his stay is by switching to FLRM route and applying for settlement on completion of 10 years.

[PRM]

Hi,

I switched from being a long term employee of a company to setting up my own company of which I am the sole director and employee. My company has been operational only since March 23 and now we must file FLRM application for my spouse.
I fall under category F now but since its less than a year that my company is operational, will I still have to file my company tax returns ?
Also, although I am able to meet the minimum threshold of 18,600 in these 6 months, would it be a concern that I am not able to show any income in the previous six months?

I do have my payslips from my previous employment which I can use but not sure I need to and even if I do, these would be admissible.

[PRM]

Here is the actual break down:

Financial year 2022-2023 - Worked as full time employee, have payslips and P60
March 2023 - Set up my own company. I am the sole director and employee
Started working on contract from 14th April
Started drawing payslips every end of month from June.
Started drawing dividends from June.
I now have payslips for June, July, Aug, Sep
If I add up my salary and dividends until SEP end, I realise I still have to wait for one more month to make it to 18,600

So this means I am planning to apply after October on the basis of 5 months' payslips and dividends end by which time I would have evidence of making it 18600 by combining my salary and dividends. I will therefore file my company returns for these 6 months in Nov and after getting CT600 ad other documents, submit the application.

Is my thinking right ? Somewhere the guidance says that for self employment part under cat F, it has to be full financial year but I wont be able to show full financial year because my company has not been operational for 12 months yet.

Kindly advise

[PRM]

Please can someone look into my queries. I would be very grateful.

I am the sole director as well as employee of my own company registered in UK.
I hold 100% shares and I draw salary and dividend each month.
I only have 6 months' salary and dividend slips because I formed by company in April 2023 and by combining both salary and dividends I am able to meet the 18,600 limit. Since I need to file my company returns, my company financial year would be 1 Dec 2022 to 30th Nov 2023. From December to April, I was an an employee of another company and have P45 and salary slips from them.

What should I answer to these questions :
1. Which types of income will you rely on to meet the financial requirement?
2. Besides filing my company returns, will I also have to file my personal tax returns on provisional basis and would that be the standard financial year April 2023 to 2024?