Partner visa requirement for ILR

searchers · Post by **searchers** » Tue Jan 03, 2012 11:09 am

Hi,

I will be eligible for ILR in March 2012. My wife has been in the UK for less than 5 years. Does she need to fulfil the 5 year requirement or is it just for the main applicant??

I also have 2 kids under 5 and will be adding them to my application. This should be fine??

Thanks.

Post by **linkers** » Tue Jan 03, 2012 11:21 am

It depends in what category you are currently in ?

If you are in new HSMP+Tier-1, your wife only needs to be with you in last 2 years before applying for ILR.

And if you are in old HSMP (Judicial Review) then it doesn’t matter when your wife came to UK and the 2 years requirement doesn’t apply to old HSMP applicants.

You can add your kids to your ILR application if you wish and there wont be any issue. But if any of your kids is born in UK, then you don’t need to apply for ILR for that kid and you can register your UK born child as a British Citizen anytime after getting your ILR.

searchers · Post by **searchers** » Tue Jan 03, 2012 11:38 am

Thanks for the reply. I am currently under Tier 2 General.

I do have one child born in the UK, so will not add her to the main applicant.

Post by **linkers** » Tue Jan 03, 2012 2:35 pm

Hi,

Is your wife in the UK for less than 5 years but more than 2 years ?

Also I am not sure about the Tier-2 requirements for ILR as I am myself in Tier-1.

You probably need some professional advice on this.

fahadz1 · Post by **fahadz1** » Tue Jan 03, 2012 11:54 pm

linkers wrote:It depends in what category you are currently in ?

If you are in new HSMP+Tier-1, your wife only needs to be with you in last 2 years before applying for ILR.

And if you are in old HSMP (Judicial Review) then it doesn’t matter when your wife came to UK and the 2 years requirement doesn’t apply to old HSMP applicants.

You can add your kids to your ILR application if you wish and there wont be any issue. But if any of your kids is born in UK, then you don’t need to apply for ILR for that kid and you can register your UK born child as a British Citizen anytime after getting your ILR.

my wife will be less than 2 years when i will be applying ilr in june ?
can you tell me which visa she will get ? i'm on tier 1 g

Post by **vinny** » Wed Jan 04, 2012 12:37 am

She should switch to FLR(M), when you apply for ILR or after you're granted ILR, before her leave expires.

fahadz1 · Post by **fahadz1** » Wed Jan 04, 2012 2:51 am

vinny wrote:She should switch to FLR(M), when you apply for ILR or after you're granted ILR, before her leave expires.

our leave expires same time . she is my tier1 dependant

what should i do ??

osteophytes · Post by **osteophytes** » Wed Jan 04, 2012 6:39 am

fahadz1 wrote:
vinny wrote:She should switch to FLR(M), when you apply for ILR or after you're granted ILR, before her leave expires.
our leave expires same time . she is my tier1 dependant

what should i do ??

Apply together with 2 applications (one SET O and and one FLR M)

Or

try PEO

sunil.suneel · Post by **sunil.suneel** » Wed Jan 04, 2012 2:28 pm

osteophytes wrote:
fahadz1 wrote:
vinny wrote:She should switch to FLR(M), when you apply for ILR or after you're granted ILR, before her leave expires.
our leave expires same time . she is my tier1 dependant

what should i do ??
Apply together with 2 applications (one SET O and and one FLR M)

Or

try PEO

Osterophytes, when you say try PEO, do you mean you can apply using one application i.e. SET O and they would automatically extend her stay or should it be a separate application for her even at PEO ?

Post by **John** » Wed Jan 04, 2012 2:41 pm

Question specifically for "searchers", when you apply for your ILR, how long will your wife have been in the UK? Is it :-

at least 2 years but less than 5 years, or
less than 2 years

It is important to know the answer to this, in order to guide to the correct answer for you.

fahadz1 · Post by **fahadz1** » Wed Jan 04, 2012 2:50 pm

osteophytes wrote:
fahadz1 wrote:
vinny wrote:She should switch to FLR(M), when you apply for ILR or after you're granted ILR, before her leave expires.
our leave expires same time . she is my tier1 dependant

what should i do ??
Apply together with 2 applications (one SET O and and one FLR M)

Or

try PEO

thanks for the reply. I checked FLR (M) and beleive this form is for the spouse of a person who is SETTELED in UK. I'm not setteled in UK yet.still she need to apply FLR(M). Its very confusing.
please help.

fahadz1 · Post by **fahadz1** » Wed Jan 04, 2012 3:00 pm

check this link..

http://www.ukba.homeoffice.gov.uk/visas ... tiontypes/

You can use form SET(M) to apply to settle here as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or someone who is settled here.

Post by **John** » Wed Jan 04, 2012 3:02 pm

fahadz1 wrote:I checked FLR (M) and beleive this form is for the spouse of a person who is SETTELED in UK. I'm not setteled in UK yet.still she need to apply FLR(M)

But as soon as you get your ILR you will be "settled", so it is the logical application for your wife to make. That is, in order, they will consider your ILR application, and once that is granted, moments later they will consider your wife's FLR(M) application.

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Partner visa requirement for ILR

Partner visa requirement for ILR