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FLR or ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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auzaman
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Posts: 31
Joined: Thu Oct 26, 2006 11:00 pm

FLR or ILR

Post by auzaman » Fri Mar 02, 2012 10:48 am

Hi All,
Is the below a mandatory requirement:
you and they have been living together in the UK for at least 2 years in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, and that relationship is still genuine (not a 'marriage of convenience', for example).

We got married on 13 dec 2009, she got entry clearance on 25 April 2010 but due to her studies she delayed her entry and came to the UK on 20 dec 2010. I will be applying for ILR in April 2012 (she will be in UK for almost 16 months at that time) and just wanted to know if she can apply with me?If not then what form shall I use?

Many Thanks

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Fri Mar 02, 2012 10:52 am

on what basis will you be applying for ILR and what is your wife's current immigration status?

auzaman
Newbie
Posts: 31
Joined: Thu Oct 26, 2006 11:00 pm

Post by auzaman » Fri Mar 02, 2012 10:57 am

Greenie wrote:on what basis will you be applying for ILR and what is your wife's current immigration status?
Thanks for your quick reply.
I am on Tier 1 General and she enetred UK as my dependent.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Fri Mar 02, 2012 11:00 am

the two years is a mandatory requirement, she will be 6 months short of this when you apply for ILR so will not be able to apply for ILR with you. She will need to apply for further leave to remain on form FLR(M) after you are granted ILR.

auzaman
Newbie
Posts: 31
Joined: Thu Oct 26, 2006 11:00 pm

Post by auzaman » Fri Mar 02, 2012 11:03 am

Greenie wrote:the two years is a mandatory requirement, she will be 6 months short of this when you apply for ILR so will not be able to apply for ILR with you. She will need to apply for further leave to remain on form FLR(M) after you are granted ILR.
Thanks, the only issue is that we both will be applying for visa at thw same time as her visa is expiring with moine. So at the time of applying I won't be a ILR holder so not sure if I should use FLR (M) as its for dependants of person settled here?

Many Thanks

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Fri Mar 02, 2012 11:07 am

auzaman wrote:
Greenie wrote:the two years is a mandatory requirement, she will be 6 months short of this when you apply for ILR so will not be able to apply for ILR with you. She will need to apply for further leave to remain on form FLR(M) after you are granted ILR.
Thanks, the only issue is that we both will be applying for visa at thw same time as her visa is expiring with moine. So at the time of applying I won't be a ILR holder so not sure if I should use FLR (M) as its for dependants of person settled here?

Many Thanks
will you be applying in person or by post?

auzaman
Newbie
Posts: 31
Joined: Thu Oct 26, 2006 11:00 pm

Post by auzaman » Fri Mar 02, 2012 11:08 am

Greenie wrote:
auzaman wrote:
Greenie wrote:the two years is a mandatory requirement, she will be 6 months short of this when you apply for ILR so will not be able to apply for ILR with you. She will need to apply for further leave to remain on form FLR(M) after you are granted ILR.
Thanks, the only issue is that we both will be applying for visa at thw same time as her visa is expiring with moine. So at the time of applying I won't be a ILR holder so not sure if I should use FLR (M) as its for dependants of person settled here?

Many Thanks
will you be applying in person or by post?

By post.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Fri Mar 02, 2012 11:14 am

what date does your leave expire and what date will you be applying?

auzaman
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Posts: 31
Joined: Thu Oct 26, 2006 11:00 pm

Post by auzaman » Fri Mar 02, 2012 11:15 am

Greenie wrote:what date does your leave expire and what date will you be applying?
Our visas will expire on 25th April and we will apply by 1st April.

Greenie
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Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Fri Mar 02, 2012 11:18 am

submit your application first and then your wife's shortly before her leave expires, explaining in a covering letter that your application needs to be considered first before your wife's. You can also delay your wife's decision slightly by taking a later biometric appointment etc.

auzaman
Newbie
Posts: 31
Joined: Thu Oct 26, 2006 11:00 pm

Post by auzaman » Fri Mar 02, 2012 11:27 am

Greenie wrote:submit your application first and then your wife's shortly before her leave expires, explaining in a covering letter that your application needs to be considered first before your wife's. You can also delay your wife's decision slightly by taking a later biometric appointment etc.
Thanks for all your help Greenie.

I was thinking there might be some provision to give some relaxation in 2 years requirement as my wife was there for her studies and she has got a bachelors degree to prove it.
In any case thanks for all your quick replies.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Fri Mar 02, 2012 11:33 am

no such provision.

laweee
Newly Registered
Posts: 15
Joined: Fri Jun 24, 2011 11:50 am

Post by laweee » Fri Mar 02, 2012 1:03 pm

Hello guys,

My case is similar to Auzaman's, so I thought I should ask here instead of posting a separate thread if you don't mind. I want to know if she's due for ILR at the time I apply for mine.

I am on Tier 1 and will be applying for ILR premium service on Mar 20th 2012. My wife was granted a tier1 dependant visa in january 2010, and she came to UK in February 2010.

But due her studies back home, she spent just 2 weeks in February 2010, and travelled back home. She came to the UK again in July 2010 for 2 weeks only, and went back. She came to the UK finally in November 2010, and has been here since.

Your advice/comments are appreciated.

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