ILR visa refused for dependent do I need to include in FLR m

[lionking3010]

I got ILR on Nov 2011 and my wife was in Tier1 dependent visa valid until August 2012 .After she completed 2 years as Tier 1 dependent I had applied ILR for my wife in Croydon PEO .They call me and said your wife can not switch from tier1 to ILR.She has to apply FLR first then ILR.I lost my fee. Now I am planning to apply for FLR(m). My question with regards to section:
5.5 Have you ever been refused a visa for any country, including the UK?
Do I need to include the above refusal in my application? I do not have any letter from UKBA which says it is refused.

Please help

[asim72]

I aint sure if ILR refusal is same as visa refusal. But it won't harm your application if you do mention it, as UKBA will have it on their computer anyway that she was refused.

The outcome of FLR application will be based on her meeting requirements of the immigration rules, and not on whether her previous application was refused.

[malim_sheikh]

I am sorry if I am missing something, I though she should get ILR because she was already on tier 1 dependent for 2 years.

[lionking3010]

Even though she is completed two years as dependent , she can not switch directly to ILR. So FLR and then she can immediately switch to ILR. The guideline in SET (M) says "If you have not yet been given leave to enter or
remain as the partner of a person present and settled
in the UK, you must use form FLR(M)". Which we have missed during making application.
Lost fee.

[Dino99]

Even though she is completed two years as dependent , she can not switch directly to ILR. So FLR and then she can immediately switch to ILR. The guideline in SET (M) says "If you have not yet been given leave to enter or
remain as the partner of a person present and settled
in the UK, you must use form FLR(M)". Which we have missed during making application.
Lost fee.

Hi Lionking,

When you first applied for your wife's ILR ? Was it before or after 9 July ?

Moderator of this forum stating as below..

PBS dependant with enough current leave to complete the qualifying residence period for settlement: With the changes to 319E coming into effect on 09-Jul-12 (94-98), if the PBS dependant becomes eligible for settlement before expiry of current PBS leave, there will be no need to switch to FLR(M).

So, I am looking forward to your answer. If your wife's application was after 9July it should have end further argument.

Regards,

Dino

[lionking3010]

Yes I applied for ILR for my wife before 9th of July.

[esmsi]

This is a interesting post.I will be similar situations.





my status
Sept 2002 student visa
Jan 2008-Psw
May 2008 my wife came UK as dependant
July 2009 tier1
July 2012 applied for extension. Waiting
But do not applied visa for my UK born baby
sept 2013 will apply ILR 10 years rule.