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The main applicant is on student visa in U.K and become British citizen by registration using BO(S) form. The spouse is a dependent of a student of the main applicant who need to apply for ILR/Naturalization.John wrote:What sort of visa does your wife currently have, and when was that visa issued?
Thanks for your reply John. what is your opinion about other possible options if any?John wrote:I think your wife now needs to use form FLR(M) to apply for a 2-year spouse visa. Near the expiry of that 2-year visa she would apply for ILR, or whatever it is called at the time.
Thanks John and Sushmehta for your advise.John wrote:sushdmehta, nicely put.
san12, the sooner your wife uses form FLR(M) and gets her 2-year spouse visa, the sooner she will end up with her ILR. Don't delay! Absolutely no need to wait until near the end of her current visa.
John wrote:A couple of points to make. Firstly your visas did not expire in November. I say that and am assuming that the applications for new visas were submitted prior to the expiry date printed on the old visas? Yes? Assuming that to be the case Section 3C protection came into force and the old visas are "treated as continuing" even though the stated expiry date has past.
Given that you are now British, and before that you made the Tier 4 visa application, you now need to formally withdraw that Tier 4 application. at the same time your wife needs to vary her application, from Tier 4 Dependant to Spouse. So the form FLR(M) should be submitted, and in a covering letter your wife should formally withdraw her Tier 4 Dependant application.
In fact, thinking about it, your wife's FLR(M) application should be submitted, by post to Durham, and after you are sure payment has been taken OK, only then should you write and formally withdraw your Tier 4 visa application.
Doing it in that order will ensure that there is no chance of your wife's Section 3C protection lapsing.
Thanks John for your time and and valuable advice for me.John wrote:The only thing that concerns me about that is the Section 3C protection. We need to ensure that your wife does not become an overstayer.
So I still think that the FLR(M) application should be submitted next ... with covering letter pointing out that Tier 4 Dependant application is outstanding. We need to ensure that this is treated as a variation of application.
The way the Section 3C protection is worded, it lasts as long as UKBA take to deal with the application, and if for some reason the application is declined then until the time for appealing against that expires, and for a further period of time if an appeal is actually submitted.
However if the application is withdrawn then I fear that the Section 3C protection will simply end, leaving your wife as an overstayer ... not a good idea!
Thanks John, your advice is of great help to me. Really appreciated.John wrote:san12, you opened this topic by telling us "Recently I am registered as British citizen ....". But I don't think that is true .... yet! You now tell us "I am also waiting for a letter to attend my citizenship ceremony but I have confirmation that my application is successful."
So you have received the "application successful" letter, but that does not make you a British Citizen. You will not become that until you get handed your Certificate of Registration at your Citizenship Ceremony. That is the moment that your status gets upgraded.
And also that is the moment when, in terms of the Immigration Rules, you get "settled status". So given that the FLR(M) application for your wife is because you will have such "settled status", it is very important that the FLR(M) application is not posted until after your Citizenship Ceremony. Indeed, given that it is important that your wife shows that she is married to someone with "settled status", I think she will need to submit your Certificate of Registration with her application.
Of course it is possible that the Tier 4 Dependant visa might be issued, before you attend your Citizenship Ceremony.
She not having her passport? I don't think that is a particular concern, because she is effectively varying an existing application, and the passport is already with UKBA in connection with that existing application, a fact that will be mentioned in the covering letter.
Tier 4 Dependant application rejected? The Section 3C protection extends to when the time for appealing against that rejection expires, and further if an appeal submitted. So in practice such rejection would not cause the Section 3C protection to cease, because worse case, if the timing is not good, an appeal could be submitted.
It will be good to get your Citizenship Ceremony out of the way as soon as possible. If you have still not receive the letter from the local Council, maybe phone them and try to schedule your ceremony.
Hi Johnsan12 wrote:Thanks John, your advice is of great help to me. Really appreciated.John wrote:san12, you opened this topic by telling us "Recently I am registered as British citizen ....". But I don't think that is true .... yet! You now tell us "I am also waiting for a letter to attend my citizenship ceremony but I have confirmation that my application is successful."
So you have received the "application successful" letter, but that does not make you a British Citizen. You will not become that until you get handed your Certificate of Registration at your Citizenship Ceremony. That is the moment that your status gets upgraded.
And also that is the moment when, in terms of the Immigration Rules, you get "settled status". So given that the FLR(M) application for your wife is because you will have such "settled status", it is very important that the FLR(M) application is not posted until after your Citizenship Ceremony. Indeed, given that it is important that your wife shows that she is married to someone with "settled status", I think she will need to submit your Certificate of Registration with her application.
Of course it is possible that the Tier 4 Dependant visa might be issued, before you attend your Citizenship Ceremony.
She not having her passport? I don't think that is a particular concern, because she is effectively varying an existing application, and the passport is already with UKBA in connection with that existing application, a fact that will be mentioned in the covering letter.
Tier 4 Dependant application rejected? The Section 3C protection extends to when the time for appealing against that rejection expires, and further if an appeal submitted. So in practice such rejection would not cause the Section 3C protection to cease, because worse case, if the timing is not good, an appeal could be submitted.
It will be good to get your Citizenship Ceremony out of the way as soon as possible. If you have still not receive the letter from the local Council, maybe phone them and try to schedule your ceremony.
Dear Johnsan12 wrote:Hi Johnsan12 wrote:Thanks John, your advice is of great help to me. Really appreciated.John wrote:san12, you opened this topic by telling us "Recently I am registered as British citizen ....". But I don't think that is true .... yet! You now tell us "I am also waiting for a letter to attend my citizenship ceremony but I have confirmation that my application is successful."
So you have received the "application successful" letter, but that does not make you a British Citizen. You will not become that until you get handed your Certificate of Registration at your Citizenship Ceremony. That is the moment that your status gets upgraded.
And also that is the moment when, in terms of the Immigration Rules, you get "settled status". So given that the FLR(M) application for your wife is because you will have such "settled status", it is very important that the FLR(M) application is not posted until after your Citizenship Ceremony. Indeed, given that it is important that your wife shows that she is married to someone with "settled status", I think she will need to submit your Certificate of Registration with her application.
Of course it is possible that the Tier 4 Dependant visa might be issued, before you attend your Citizenship Ceremony.
She not having her passport? I don't think that is a particular concern, because she is effectively varying an existing application, and the passport is already with UKBA in connection with that existing application, a fact that will be mentioned in the covering letter.
Tier 4 Dependant application rejected? The Section 3C protection extends to when the time for appealing against that rejection expires, and further if an appeal submitted. So in practice such rejection would not cause the Section 3C protection to cease, because worse case, if the timing is not good, an appeal could be submitted.
It will be good to get your Citizenship Ceremony out of the way as soon as possible. If you have still not receive the letter from the local Council, maybe phone them and try to schedule your ceremony.
As advised by you I went to local registrar office and managed to book my ceromony on 23/02/10. I will post ,application of my wife straight after the ceromony.
Once again thank you for your advise and help to me.
It is your wife that is making the application on form FLR(M), so I think the letter should be from her.The UK Border Agency
Durham
DH99 1WR
Dear Sir/madam
Subject: FLR(M) application for my spouse.
In reference to application made by my spouse Mr XXX XXX, DOB: XX/XX/XX
The passport of my spouse and mine is with the Home office for the application made under Tier-4 reference number SXXXXX and RXXXXX
Recently my application for British Citizenship is successful and I would like to request Home office to consider this application as varying of an existing application.
Therefore, please consider the application of my dependent spouse as a dependent of a settled person.
Thanking you
Your sincerely
Hope that helps. And hope you enjoy your Citizenship Ceremony.The UK Border Agency
Durham
DH99 1WR
Dear Sirs
Subject: FLR(M) application
Please find enclosed application on form FLR(M), with supporting evidence. You will see that the evidence includes my husband's newly-issued Certificate of Registration as a British Citizen.
Prior to my husband becoming a British Citizen he submitted a Tier 4 visa application, and I submitted a Tier 4 Dependant visa application. Accordingly the passports of myself and my husband are currently held by you, under Tier-4 reference numbers SXXXXX and RXXXXX.
In view of the above, please consider the enclosed application as a variation of my existing Tier 4 Dependant visa application, so that I am now applying for a visa as a spouse of my husband who now has "settled status".
I look forward to hearing from you.
Yours faithfully
Thank you John, you are very helpful.John wrote:It is your wife that is making the application on form FLR(M), so I think the letter should be from her.The UK Border Agency
Durham
DH99 1WR
Dear Sir/madam
Subject: FLR(M) application for my spouse.
In reference to application made by my spouse Mr XXX XXX, DOB: XX/XX/XX
The passport of my spouse and mine is with the Home office for the application made under Tier-4 reference number SXXXXX and RXXXXX
Recently my application for British Citizenship is successful and I would like to request Home office to consider this application as varying of an existing application.
Therefore, please consider the application of my dependent spouse as a dependent of a settled person.
Thanking you
Your sincerely
So I think she should write something like :-
Hope that helps. And hope you enjoy your Citizenship Ceremony.The UK Border Agency
Durham
DH99 1WR
Dear Sirs
Subject: FLR(M) application
Please find enclosed application on form FLR(M), with supporting evidence. You will see that the evidence includes my husband's newly-issued Certificate of Registration as a British Citizen.
Prior to my husband becoming a British Citizen he submitted a Tier 4 visa application, and I submitted a Tier 4 Dependant visa application. Accordingly the passports of myself and my husband are currently held by you, under Tier-4 reference numbers SXXXXX and RXXXXX.
In view of the above, please consider the enclosed application as a variation of my existing Tier 4 Dependant visa application, so that I am now applying for a visa as a spouse of my husband who now has "settled status".
I look forward to hearing from you.
Yours faithfully