Spouse ILR Questions

[viszoom]

I have got my ILR in 12.10.2012,
at the time my wife was on Dependent of Tier -1, as soon as I receive my ILR, I have applied her for FLR(M) and now she is having visa of 29.10.12 to 29.10.15, her first entry in uk as my dependent on 13.04.11.

As per 2 years of residence rule for dependent of Main applicant for ILR can I applied ILR for her now ??

Please reply ASAP,

Good Evening,

Hoping someone can help shed some light on some questions for me, have been reading the forum but failed to find what I was looking for.

My wife applied for and got a Spouse Visa in November 2011. We mentioned on the application she did not intend to arrive in the uk until approx April 2012. Her First entry was May 2012.

It was issued from November 2012 and is due to expire February 2014

She is currently 8 months pregnant

She has spent approx 5 weeks outside the country. She visited her family, i joined her after a few weeks, we then had a mini holiday and returned to the uk.

Now my understanding is for applications prior to July 2012, as ours is, its a 2 years qualifying period. By my counts, February 2014 based on arrival in the UK of May 2012 falls short of that.

I thought she may need to apply for FLR however Its been suggested to me she can apply for IRL straight away.

Can anyone shed some light as to if this is possible, perhaps direct me to some literature that may help?

Thank you in Advance

[Casa]

viszoom, please post your query in your own thread.

[viszoom]

I have got my ILR in 12.10.2012,
at the time my wife was on Dependent of Tier -1, as soon as I receive my ILR, I have applied her for FLR(M) and now she is having visa of 29.10.12 to 29.10.15, her first entry in uk as my dependent on 13.04.11.

As per 2 years of residence rule for dependent of Main applicant for ILR can I applied ILR for her now ??

Please reply ASAP,

[Amber]

Your spouse appears to have been given the wrong leave, she should have been given 2 years leave under the transitional protection. Did she meet the English requirement, did you have to meet a financial requirement? What did her letter of approval say?

[omomamao1]

Yes. She can apply for her ILR on or before 13.04.13 as your partner.

[viszoom]

Yes. She can apply for her ILR on or before 13.04.13 as your partner.

Yes, I did. I did apply on 16.07.2013, getting reply on 16.12.2013 with refusal. she already finish 2years of period of either Tier 1 dependent.

Can anybody reply why they refuse ILR for her.

[aksi]

Yes. She can apply for her ILR on or before 13.04.13 as your partner.

Yes, I did. I did apply on 16.07.2013, getting reply on 16.12.2013 with refusal. she already finish 2years of period of either Tier 1 dependent.

Can anybody reply why they refuse ILR for her.

What is mentioned in refusal letter? Please share in detail.

[viszoom]

so, please find reply as below received from UKBA,,

Any light on below will be very helpful,

'you arrived in th uk on 13.04.11 with dependant spouse of Tier 1 general migrand valid until 05.11.11. extended on 29.10.12 spouse of a Tier 1 migrant until 29.10.2015. you submitted your current application for settlement in the UK as a spouse of a settled person under the marriage rules.#

Para 287 of the Immigration Rules ....

(i) (a), (b), (c), (d), (e), (f) -(ii), (iii), (iv), (v), (vi), (vii)... All of these are copied from UKBA website.

it is noted from your immi. history above that you have not had either leave to enter or leave to remain in the united kingdom under para 281 to 286 of the Immi Rules. Consequently, it is considered that you are unable to demonstrate that you meet the requirements of para 287(i)(a) of the Immi Rules for settlement in the uk as a spouse of a settled person.

so, considered that your application falls for refusal under Para, 289 as you have failed to meed the requirements of Para 287 (i)(a) of the rules for settlement in the uk as a spouse of a settled person.
___________________________________________________________________________________________________________
Please contact me again if you required any further information.
Please reply in detail which might help me to understand if I have made any error for my spouse's ILR application.

[aksi]

so, please find reply as below received from UKBA,,

Any light on below will be very helpful,

'you arrived in th uk on 13.04.11 with dependant spouse of Tier 1 general migrand valid until 05.11.11. extended on 29.10.12 spouse of a Tier 1 migrant until 29.10.2015. you submitted your current application for settlement in the UK as a spouse of a settled person under the marriage rules.#

Para 287 of the Immigration Rules ....

(i) (a), (b), (c), (d), (e), (f) -(ii), (iii), (iv), (v), (vi), (vii)... All of these are copied from UKBA website.

it is noted from your immi. history above that you have not had either leave to enter or leave to remain in the united kingdom under para 281 to 286 of the Immi Rules. Consequently, it is considered that you are unable to demonstrate that you meet the requirements of para 287(i)(a) of the Immi Rules for settlement in the uk as a spouse of a settled person.

so, considered that your application falls for refusal under Para, 289 as you have failed to meed the requirements of Para 287 (i)(a) of the rules for settlement in the uk as a spouse of a settled person.
___________________________________________________________________________________________________________
Please contact me again if you required any further information.

1. What visa your wife had from 05.11.11 to 29.10.12?
2. You are saying that from 29.10.12 to 29.10.15 you extended on FLR(M), and UKBA is saying it is extended as spouse of Tier 1 migrant. Please check again visa type on BRP and accompanying UKBA letter.

Please reply in detail which might help me to understand if I have made any error for my spouse's ILR application.

1. UKBA had goofed up my case as well by invalidating form, but now it is resolved and I got my ILR this week. I wrote to them in detail to consider my application as valid. It may be possible that they did something wrong in your case as well.
2. Otherwise our cases are quite similar, Came to UK(in 2011) before 9 July 2012, then extended visa on FLR(M) on the basis of partner ILR . In my case extension was for 2.5 years and the letter mentioned to apply for ILR after 5 years.
3. I ignored the 5 year letter and applied for ILR after completing 2 years on SET(M) in October 2013. Got ILR this week despite the delay due to invalidation issue.

[viszoom]

Dear forum member,
Please find my answers as below, and let me know the next step if I am not making any mistake/error.


1.What visa your wife had from 05.11.11 to 29.10.12?
first visa/entry - 03.12.10 to 05.11.12 - tier 1-general dependent
second visa - 29.10.2012 to 29.10.2015 - FLR(M)


2. You are saying that from 29.10.12 to 29.10.15 you extended on FLR(M), and UKBA is saying it is extended as spouse of Tier 1 migrant. Please check again visa type on BRP and accompanying UKBA letter.

Viszoom: On the above context of 29.10.12 to 29.10.15 - type of permit says: PBS dependent leave to remain, my question by the time we applied for FLR(M) for her I (Main applicant) already had ILR on 12.10.2012. the only reason I applied FLR(M) for her on 29.10.2012 is she was not finished 2 years in the u.k. as either tier-1 general dependent.

If you have your application draft please share with me which might helpful to me to send application for review.

Thanks,

Please reply in detail which might help me to understand if I have made any error for my spouse's ILR application.

1. UKBA had goofed up my case as well by invalidating form, but now it is resolved and I got my ILR this week. I wrote to them in detail to consider my application as valid. It may be possible that they did something wrong in your case as well.
2. Otherwise our cases are quite similar, Came to UK(in 2011) before 9 July 2012, then extended visa on FLR(M) on the basis of partner ILR . In my case extension was for 2.5 years and the letter mentioned to apply for ILR after 5 years.
3. I ignored the 5 year letter and applied for ILR after completing 2 years on SET(M) in October 2013. Got ILR this week despite the delay due to invalidation issue.

[viszoom]

she already got FLR(M) which will allow her to finish 2 years as my dependent but my question is can we apply for ILR now.

[Amber]

Your spouse appears to have been given the wrong leave, she should have been given 2 years leave under the transitional protection. Did she meet the English requirement, did you have to meet a financial requirement? What did her letter of approval say?

[viszoom]

Dear moderator,

CAn you please reply which category I have to apply for my wife's further extension visa.

Main applicant: ILR granted on 12.10.2012.
Main applicant naturalization on 16.12.2014.

Wife's FLR (M) granted on 29.10.2012
FLR (M) finishing on 29.10.2015.


Now, can you please confirm in which category my wife's ILR or FLR(M) will need to apply,

is it coming in 2 years settlement route or 5/10 years settlement route. if its 2 years settlement route than which form I need to feel.
or do we need to apply for further FLR(M).

Please reply ASAP,

[vinny]

When did she apply for FLR(M)?

If she was granted 2 years under FLR(M), then she is probably under the 2-year route for SET(M).
If she was granted 2.5 years under FLR(M), then she is probably under the 5-year route for SET(M).

Not sure why she was granted 3 years, unless she was grated discretionary leave or leave as a PBS dependant.

You didn't answer Amber's questions about the English language requirement for FLR(M) and contents of her approval letter.

From your earlier posts, it seemed that the UKBA thought that she had made an application as a PBS dependant.

[viszoom]

On her visa mention as PBS Dependent as I was on Tier -1 general at the time of her FLR (M) extension,
Now I have done my naturalization.

the extension time on her visa as FLR (M) is 3 years,

About english language requirement she has old IELTS exam certificate with 5.5 band overall,

Please confirm is her category coming in 2years route of ILR dependent settlement of settled person or
5 years route of ILR dependent.

[viszoom]

When did she apply for FLR(M)?

If she was granted 2 years under FLR(M), then she is probably under the 2-year route for SET(M).
If she was granted 2.5 years under FLR(M), then she is probably under the 5-year route for SET(M).

Not sure why she was granted 3 years, unless she was grated discretionary leave or leave as a PBS dependant.

You didn't answer Amber's questions about the English language requirement for FLR(M) and contents of her approval letter.

From your earlier posts, it seemed that the UKBA thought that she had made an application as a PBS dependant.

On her visa mention as PBS Dependent as I was on Tier -1 general at the time of her FLR (M) extension,
Now I have done my naturalization.

the extension time on her visa as FLR (M) is 3 years,

About english language requirement she has old IELTS exam certificate with 5.5 band overall,

Please confirm is her category coming in 2years route of ILR dependent settlement of settled person or
5 years route of ILR dependent.