Spouse Visa

tak1986 · Post by **tak1986** » Sun Jan 20, 2013 6:40 pm

Hi All,

My ILR is currently under consideration at UKBA, under 10 years long residence route. Can my wife apply FLR(M) or whatever form it called when apply overseas. She is currently on Tier 1 PSW visa at the moment.

the reason i am in doubt as i see the quoted sentences on UKBA website. As my previous category before ILR is tier 1 PSW, is that mean she cannot use the FLR(M) route?

"This section is for those who applied for, or are applying for, leave to enter or leave to remain as a partner of a British citizen or a person who is settled here.

You cannot apply in a partner category if you:

are the spouse or partner of a person who is settled in the UK or has British citizenship if their most recent permission to stay was under tiers 1, 2, or 5 of the points-based system; and
you do not qualify for settlement yet.
Instead, you must apply as a dependant under the relevant category of points-based system."

comments and advices are appreciated

Cheers

Post by **CR001** » Sun Jan 20, 2013 6:44 pm

Has your wife been in the UK on a visa and if so which visa?

FLR(M) can only be applied for from inside the UK. If applying from overseas as the partner of a settled person / British person, it is form VAF4.

tak1986 · Post by **tak1986** » Sun Jan 20, 2013 6:48 pm

CR001 wrote:Has your wife been in the UK on a visa and if so which visa?

FLR(M) can only be applied for from inside the UK. If applying from overseas as the partner of a settled person / British person, it is form VAF4.

She is also on PSW visa, but i am expecting her application will be made outside the UK at her own country, as my ILR still under consideration.

it just the words they put on the 'Can you apply' section confuses me, so the FLR (M) OR VAF4 from overseas should be the right catergory.

I was confuses by this wording 'the spouse or partner of a person who is settled in the UK or has British citizenship if their most recent permission to stay was under tiers 1, 2, or 5 of the points-based system; and
you do not qualify for settlement yet. '

Post by **CR001** » Sun Jan 20, 2013 6:52 pm

VAF4 from outside would be correct.

I am not too familiar with PSW and dependent ILR so hopefully a senior member or guru can advise you if your wife could extend. What is her visa start date and expiry date and how long has she been in the UK?

tak1986 · Post by **tak1986** » Sun Jan 20, 2013 7:27 pm

CR001 wrote:VAF4 from outside would be correct.

I am not too familiar with PSW and dependent ILR so hopefully a senior member or guru can advise you if your wife could extend. What is her visa start date and expiry date and how long has she been in the UK?

Thanks for the reply

her visa started about 2 years ago and expiring end of this month, hence she is heading back home first, plus she has been in the UK for nearly 4 years.

Post by **Greenie** » Sun Jan 20, 2013 7:34 pm

Does she have her own psw visa or PBS dependent visa?

When was the ilr application made?

tak1986 · Post by **tak1986** » Sun Jan 20, 2013 7:40 pm

Greenie wrote:Does she have her own psw visa or PBS dependent visa?

When was the ilr application made?

Yes, she has her own PSW visa.

My ILR (10 years) will not due back in couple of times, as i submitted at the beginning of October.

thanks

Post by **Greenie** » Sun Jan 20, 2013 7:45 pm

Ignore the information on the ukba website, it's misleading.

Your wife could apply from within the UK and ask for consideration of her application to be delayed until yours is decided (this would be on FLR(m) or she can apply from outside the UK of VAF4a but would not be able to apply until your application has been granted.

tak1986 · Post by **tak1986** » Sun Jan 20, 2013 7:47 pm

I have found this under dependent section:

2. You can apply as a PBS Dependant if you meet the criteria set out in this guidance and the
Immigration Rules, and you are:
• the family member of a person with, or applying for, leave under Tier 1, 2, 4 or 5 of the
Points Based System; or
• the spouse or partner of a person with indefinite leave to remain or British Citizenship
who last held leave in Tier 1, 2, or 5 of the Points Based System and you do not yet qualify for
indefinite leave to remain; or

Is that mean my wife needs to use the dependent route, as my previous immigration status is tier 1 PSW. if so, what category she can apply / extend after PBS dependant ?

Post by **Greenie** » Sun Jan 20, 2013 7:59 pm

No, as i said that information is misleading and applies only to those who already have leave as a PBS dependent but does not qualify for settlement at the same time as the main migrant and also only applies where the main migrant qualifies for ilr as a PBS migrant and not under the 10 year route.

tak1986 · Post by **tak1986** » Sun Jan 20, 2013 8:09 pm

Greenie wrote:No, as i said that information is misleading and applies only to those who already have leave as a PBS dependent but does not qualify for settlement at the same time as the main migrant and also only applies where the main migrant qualifies for ilr as a PBS migrant and not under the 10 year route.

Thanks Greenie ! missed the reply while drafting the post above

I did wonder why they cannot put more informative information on there

Anyway, much appreciated your help

Post by **CR001** » Sun Jan 20, 2013 8:13 pm

Greenie, could you pls confirm, for myself and the OP, if his wife applies in the UK on FLR(M), does she have to complete 5 years before eligible for ILR?

Thanks

Post by **Greenie** » Sun Jan 20, 2013 8:23 pm

CR001 wrote:Greenie, could you pls confirm, for myself and the OP, if his wife applies in the UK on FLR(M), does she have to complete 5 years before eligible for ILR?

Thanks

yes. As she would if she applied on VAF4A from outside the UK.

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