ILR application, dependent falling short of 2 year rule

[nasirbaig007]

Hi All,

I am going to apply for ILR on Feb 29th (got PEO appointment). After going over several posts on this forum I got a lot of clarifications, however some doubts remain which I wish to clear here. I would first detail my case below and then list down my queries.

My Case:

1. I will be applying for ILR basis of 5 year completion on WP + HSMP + Tier1
2. I entered UK on WP in March 2007, switched to HSMP in Sep 2007 and then got Tier one in Sep 2009, valid until Sep 2012. I will be completing 5 years on March 21 2012, so applying on Feb. 29th 2012.
3. My wife came to UK as my Tier 1 dependant on 22nd Sep 2010 and got her visa until 4th Sep 2012 ( Will Not be completing 2 years in UK as my dependant)

My Queries:

1. I will be applying for myself on SET (o) form and as my wife has not completed 2 years I will be applying for her extension on FLR (m) form. Is this correct?
2. For applying on FLR (M) my wife will have to pass and a UKBA approved English language test, as she do not have bachelor’s degree. Right? Is there any other way to prove her English language ability?
3. Supposing that I get ILR and she got extension of 2 years as my dependant , do we still need to get her ILR done after September 2010 ( i.e. when she completes 2 years in UK as my dependant) OR we can directly go for citizenship when she completes 3 years in UK ?
4. On a separate note, My Company HR is ready to fund a Tier 1 extension, but not my ILR. They say it’s the company policy not to support ILR. At this point another extension will not be in my interest as the rules for ILR can change in future. So I was wondering if anyone on this forum came across something like this and how they argued with their company to support their ILR.

[linkers]

1). Yep, she needs FLR(M) form.
2). There is no requirement to pass LiUK test for FLR(M). She will need it at the time of ILR though.
3). She needs ILR first before applying for citizenship.
4). If I was you, I would go for ILR regardless of my company’s support or not. Even if I can’t afford it, I would use credit card to pay for ILR as I would never rely on another Tier-1 extension (as rules can change in future and you could never get ILR).

[pk2000]

Hi,
I am in the same situation & going to apply for ILR in August 2012. For my wife, it will be 1 years 8 months in UK on T1 dependent visa.

1. FLR(m) is fine i think for your wife.
2. I think she does not need any english test for flr(m)
3. She need ILR before citizenship. But the question is when she can apply for ILR
a. when after 2 years in UK is completed or
b. As you will get ILR then she has to wait 2 years from 29th Feb 2012 means she can apply for her ILR in 28th Feb 2012 ?
4. Leave your company & sort your ILR by yourself.

If you still not sure then give me ur email & i can contact you directly.

Regards,

[Somudro]

Hi,
2. I think she does not need any english test for flr(m)

Regards,

Are U sure?

[Greenie]

Hi All,

I am going to apply for ILR on Feb 29th (got PEO appointment). After going over several posts on this forum I got a lot of clarifications, however some doubts remain which I wish to clear here. I would first detail my case below and then list down my queries.

My Case:

1. I will be applying for ILR basis of 5 year completion on WP + HSMP + Tier1
2. I entered UK on WP in March 2007, switched to HSMP in Sep 2007 and then got Tier one in Sep 2009, valid until Sep 2012. I will be completing 5 years on March 21 2012, so applying on Feb. 29th 2012.
3. My wife came to UK as my Tier 1 dependant on 22nd Sep 2010 and got her visa until 4th Sep 2012 ( Will Not be completing 2 years in UK as my dependant)

My Queries:

1. I will be applying for myself on SET (o) form and as my wife has not completed 2 years I will be applying for her extension on FLR (m) form. Is this correct?
2. For applying on FLR (M) my wife will have to pass and a UKBA approved English language test, as she do not have bachelor’s degree. Right? Is there any other way to prove her English language ability?
3. Supposing that I get ILR and she got extension of 2 years as my dependant , do we still need to get her ILR done after September 2010 ( i.e. when she completes 2 years in UK as my dependant) OR we can directly go for citizenship when she completes 3 years in UK ?
4. On a separate note, My Company HR is ready to fund a Tier 1 extension, but not my ILR. They say it’s the company policy not to support ILR. At this point another extension will not be in my interest as the rules for ILR can change in future. So I was wondering if anyone on this forum came across something like this and how they argued with their company to support their ILR.

1. Correct
2. She needs to meet the English language requirements (A1 in speaking an listening for FLR(M). If she doesn't have a degree taught in English and is not from a majority English language speaking country, she will need to take a UKBA approved test. See English language requirements

3. Yes she needs to apply for ILR once she has completed two years as your spouse (a combination of tier 1 dependent and spouse of settled person) as per 287(i)(d). She must apply for ILR before applying for citizenship as she neeeds to be free from immigration restrictions when she applies for citizenship
4. Given your employer's attitude, I think it would be preferable to apply on your own rather than get them to fund your ILR application.


PK2000 - your advice about the English language test is incorrect and you didn't know about when the OP's wife could apply for ILR. Not sure why you are offering out your email address to advice people when you are not able to correctly advise.

[linkers]

Thanks Greenie for your advice on question #2 of nasirbaig007 as I myself wasn’t aware of it.