FLR or ILR for my Dependant

[mak2000]

Hi Everyone, this is my first question in any forum, so pleas help me out.

I now have ILR which was granted in July 2011. I came to the uk in 2000, and in 2007 had HSMP, my wife joined in the uk in May 2008, and in 2009, i had another 3 years in Tier 1, and my wife now has Tier 1 dependant until Nov 2012. We still are together. But in May this year i applied for ILR got in July 2011 on the basis of Long Residence (NOT as in Tier 1). I am now confused whether my wife should apply for ILR using SET(M) or FLR using FLR(M).

Few days ago i went to Glasgow PEO where i appleid for FLR (M) for my wife which i thougth was right, but there the IO told me that she is should had applied within 28 days of me getting ILR. And she is illegal as she is no longer dependant of a Tier 1 person.

Iam confused and not sure whom to approach, as it is nowhere written in the UKBA website regarding this 28 days rule. Sorry for the long post, i hope someone of u might let me know the right info.

Many thanks

[geriatrix]

FLR(M), then SET(M).

Given that she has been in the UK since 2008, she may apply for SET(M) as soon as she is granted FLR(M) leave.

Current Tier 1 (General) dependant leave is valid unless it is curtailed, expires or she travels abroad.

[fora]

but she is not Tier1(General)
She is Tier 1(General)dependant.
She should have applied within 28 days to change her visa status for FLR(M) straight after her husband got ILR (...if i am not mistaken)

[vinny]

I cannot see any immigration rules stating that she must switch within 28 days, following her husband's ILR.

[mak2000]

I have rang UKBA yesterday,they confirmed that my wife have to apply for FLR (M) first and once its issued can go on to apply for ILR immediately via SET (O) as she has been in the uk for more than 2 years. When asked if she can apply for ILR via SET (O) NOW, they said she can but it will be upto the IO's discretion to grant or not. Many thanks for all. I will be applying via post for FLR (M).

Many thanks

[mak2000]

I am planning to apply by Post for FLR (M), thank you all for your help in this regard, its a indeed a great place to share right information, thank you once again

[geriatrix]

3) And also does she needs to write Knowledge of Life in the UK Test for her ILR or can she write when she applies for naturlisation later.

[geriatrix]

287(a)(vi).

[geriatrix]

Dear All

My wife came to the UK in May 2008 as a Tier 1 (General) Dependant and we are living together since then, I got my ILR on 10 years basis on 28 June 2011, and applied for my wife's FLR(M) on 28/Sep/2011 and received it on 28/Oct/2011, sucessfully, both passport and Biometric Card, I rang UKBA to make an appointment for SET(M) for my wife for her ILR, as she has been in the UK for more than 2 years, infact 3 years and 5 months and has already written Life in the UK Test. But the person on the phone said it is not possible for someone to show 2 years period with Tier 1 dependant and FLR(M), my question is that true, she insisted that the visa will be refused. BTW i rang UKBA two months ago and they said it is possible, but now they say its not, i am confused.

Could you please let me know if this is true, if she can apply for her ilr, does she has to use SET(M) or SET(O) form, please guide me.

[geriatrix]

My wife came to the UK in May 2008 as a Tier 1 (General) Dependant and we are living together since then, I got my ILR on 10 years basis on 28 June 2011, and applied for my wife's FLR(M) on 28/Sep/2011 and received it on 28/Oct/2011, sucessfully, both passport and Biometric Card,

287(a)(i)(d) is fulfilled, so should be eligible for settlement (SET(M)) - provided other requirements are also met.

Wrong advice from UKBA!

[mak2000]

Since i was issued ILR on 28/Jun/2011, and she has obtained FLR(M) in October 2011, will that in anyway count against her, saying that she should have changed her visa within 28 days of my receiving ILR. Please advise.

[geriatrix]

No. There is no such requirement. As long as she made an in-time application for FLR(M), she is fine.

[mak2000]

Thank you so much, just need to clarify one last thing. Is there any number of days she should not be out of UK, Please advise us.

[shawinam]

Thank you so much, just need to clarify one last thing. Is there any number of days she should not be out of UK, Please advise us.

Hi could you please update after getting ilr for your spouse.I'm in the same situation as you,regarding my wife ilr as she was on pbs dependant for more than 4 years and I am due to apply ilr on 10 year long residence.
I called HO 3 times got totaly different answers.first the lady said my wife can apply ilr but she needs to switch to flrm then she can apply as early as possible no need to wait for 2 years as a spouse visa.
Second time the answer was email to ukba and make confirmation about eligibility as on the phone we don't give any information.I email ukba its nearly 40 days didn't received any answer.
Third time the lady said completely diffrent thing that my wife has to wait 2 more years on a spouse visa before applying ilr.
I'm confuse now went to 2 soliceitors both said not possible to apply for ilr after gettimg flrm she has to wait and complete 2 years then ilr.
Please give me your real time situation after getting your spouse ilr.
Thanks

[mak2000]

Have been to Glasgow PEO for my wife's ILR, as detailed above regarding her visa history. She was NOT granted ILR, saying that she has to be on FLR (M) for 2 years, and then need to apply for ILR. I am confused as i was earlier that, when i spoke couple of times to the UKBA, one of them said she can and the other said she can't. To verify this i spoke to a solicitor in London, who confirmed she can, i could not apply through this solicitor because her fee was too high.

Anyways the good thing was the PEO did not take the visa fee before they said what they had to say. I am back to square one, and would need help.

SHAWINAM, could you please post the reply from UKBA, once you have received an answer from them, could appreciate it.

[geriatrix]

AFAIK, there is nothing in the rules to suggest that 287(a)(i)(d) applies to dependant of a migrant who has been granted settlement as an economic migrant (e.g. - HSMP / PBS) only and not applicable to dependant of a economic migrant (in a category that leads to settlement) who instead applied for and has been granted settlement under long residence.

the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here;

In case of your wife:
1. the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant - Yes.
2. and then obtained an extension of stay under paragraphs 281 to 286 of these Rules - Yes.
3. has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here - Yes.

IMHO, you should have paid the fees and asked them to refuse the visa, and issue a refusal letter. She wouldn't have been granted the right to appeal but a formal refusal would have given you the opportunity to request for a judicial review. A pre-action protocol letter would have been sufficient for UKBA to look into the reason(s) for refusal, realize and accept their mistake.

You may consider applying by post or in-person at a different PEO. Alternatively, seek professional legal advice.

[mak2000]

Hi Everyone

Been to Glasgow PEO yesterday, at last got my wife's settlement - Permenant Residence. The office initially said no, but later when i showed him a copy of the Section 287 (a)i(d), he was convinced that he was wrong, no further hurdles, i was told to wait for 2 hours and then my wife's ILR was granted.

Many thanks for all those who suggested me on this way.

Regards

[sunil.suneel]

but she is not Tier1(General)
She is Tier 1(General)dependant.
She should have applied within 28 days to change her visa status for FLR(M) straight after her husband got ILR (...if i am not mistaken)

I cannot see any immigration rules stating that she must switch within 28 days, following her husband's ILR.

As vinny mentioned, is there any rule that the spouse visa (Tier1 dependent not completed 2 years) has to be changed to FLR(M) after main applicant gets ILR ?

[vinny]

As vinny mentioned, is there any rule that the spouse visa (Tier1 dependent not completed 2 years) has to be changed to FLR(M) after main applicant gets ILR ?

the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here;

[sunil.suneel]

Accordingly, as in my case, I am applying for my ILR in March, but my wife would be completing 2 years on October 2012 and has valid tier 1 dependent visa until then. Am I correct in stating, I don't need to get her FLR(M) and can directly apply for ILR in October 2012 ?

[Greenie]

Accordingly, as in my case, I am applying for my ILR in March, but my wife would be completing 2 years on October 2012 and has valid tier 1 dependent visa until then. Am I correct in stating, I don't need to get her FLR(M) and can directly apply for ILR in October 2012 ?

no you are not correct in stating that. As per the immigration rule quoted by Sushdmehta above, in order to qualify for ILR as the spouse of a settled person, your wife will need to first apply for further leave on Form FLR(M) under paras 281-286 of the immigration rules. She can only apply for ILR as a PBS dependent if she has completed two years in the UK as your spouse and is applying for ILR at the same time as you, which it appears, she isn't.

[sunil.suneel]

And then apply for ILR in October 2012 as she would have completed 2 years in combined category right ?

[Greenie]

And then apply for ILR in October 2012 as she would have completed 2 years in combined category right ?

yes - first FLR(M) and then SET(M) once she has completed two years in as a PBS dependent/spouse of a settled person.

[vinny]

Yes. See also another success. Also here.

[askyara]

I enter UK in 2002 with student visas (Tier 4-general). In 2005, my husband enters UK having student dependant visa. In 2005, my daughter was born, and she too hold a dependant visas.

In 2010, i applied for TIER 1 (Post Work Study) visa, and both my husband and daughter have been granted dependant visa.

This year it has been my 10th year, therefore i would like to apply for ILR. Is my situation similar to MAK, and my husband can apply for ILR with me as well? Or is it because i am under TIER 1 (PWS), he has to fill in FLR(M)? Our PSW visas will expire this June.

Many thanks.