ILR + FLR + MN1

[safeery2k]

Hi,

I am going to apply for ILR in March but my wife has been in UK for over a year and need to complete 2 years in order to qualify for ILR. Also my son who was born in UK needs to apply for British citizenship. We travelled to Pakistan so had to apply for Tier 1 Dependant visa for my son which is going to expire on same date when my wife's and my visas are going to expire.

The problem is there is no way I can combine all 3 applications on 1 form and also we cannot apply separate but at the same time as their applications are dependant on my successfull application and also I cannot produce 3 sets of documents.

Can I wait for my application to return and then apply for theirs OR
Should we fill out 3 forms (SET(M), FLR, MN1) and send them in 1 envelop with documents.

Thanks,
Safeer

[CR001]

When was your wife's visa issued? Before 9 July 2012 or after?

As you are Tier 1G, you don't apply on Set(M). You have to apply on Set(O). If your wife applies for FLR(M), you can send both applications together and ask for her application to be considered once your ILR is approved. She might fall under transitional arrangements for PBS dependents but I am not sure and maybe a moderator or guru can advise.

You can only apply for MN1 AFTER you have received ILR approval and BRP and that is sent to the Nationality department in Liverpool or you can apply through NCS at the council then you get to keep your original documents. It does not matter that your childs visa is expiring if he was born in the UK as he has an entitlement to register as BC under section 1(3)

[safeery2k]

Thanks for your reply. Visa was issued after 9th July but she applied before that so she needs to spend 2 years for ILR.

So which form I use for my wife, FLR or PBS dependant?

[CR001]

http://www.immigrationboards.com/viewtopic.php?t=114832

link above is the FAQs for pbs dependents

[safeery2k]

Thanks, I had already found that

[John]

When is your wife's two years up? Also, do you need to apply for your ILR next March? Or could you wait until your wife has met the two-year condition?

[Amber]

Are you applying as a PBS or long residence applicant? When did your spouse enter the UK first as your dep?

[safeery2k]

Are you applying as a PBS or long residence applicant? When did your spouse enter the UK first as your dep?

She arrived on 16th August 2012, I am thinking to apply my SET (O) and PBS for her at the same time and once we receive our approval then we will apply for our son's visa. Is that OK or my wife needs to apply for FLR ?

[Amber]

As your spouse was granted PBS dep leave after July 2012 she will be on a 5-year route to settlement. She can extend as a PBS dep if you apply on SET(O) as a PBS applicant, until such times as she qualifies for ILR.

Your child, as born in the UK, will not need further leave, instead can register as British under section 1(3) BNA once you are granted ILR.

An applicant who is granted leave to enter or remain in the United Kingdom as a
partner of a relevant points based system migrant after 9 July 2012, must provide
evidence that they have been living together in the United Kingdom in a marriage
or civil partnership, or in a relationship similar to marriage or a civil partnership for
a period of 5 years under paragraph 319E (b) (ii), (c) (ii), (d) (ii).

[safeery2k]

@amber - thank you so much for your reply.

So how should we apply? Should I post my SET (O) and wife's PBS application in a same package along with one set of documents, will that be OK?

[Amber]

You should complete the relevant forms as stated and send to the address(s) as stated. You may be able to send both together.

[mahfuza49+]

Hello Everybody,

I entered in the UK as a Tier1 (general) migrant on 21st June 2009 and my dependents - my husband , two sons 6+ and 17+ entered on 4 July 2009. We have been issued entry clearance on 25th March 2009 from our country. Currently we have visa until 15th June 2014. We applied for leave to remain at the beginning of March 2012 by post , Home office took more than three months to issue our BRP card which was on 15th June 2012.

From the lines 21-24, page 21 of Guidance –ILR – calculating continuous period in the UK – v10.0 Valid from 28 August 2013 document I understand that since I entered in the UK within 90 days(on 88 days from the date of entry clearance issued)- my continuous 5 years residency will be counted from the date of entry clearance i.e. from 25th March 2009 as UKBA disregard this period as an absence as long as the entry to the UK is within 90 days from the date of entry clearance. If this is the case, then I should eligible to apply for ILR from 26th February 2014 onwards.

Can anybody please or all of you help me out answering the following questions:

Can I apply for ILR 28th February 2014 onwards?

My dependents (my husband and younger child) who came in the UK after 90 days, can they apply along with me?
Can my adult dependent son who is now 21+( studying final year at the university) apply at the same time of mine but separately?
All my dependents were with me in the UK since they first entered ( 4 July 2009)in the UK apart from few visit to our country- which are much less than 180 days in one year and much less than 450 days in the last 4.5 years.
I understand from immigration rules that my sons ( younger and adult ) can apply along with me that is they do not require to fulfill any qualifying period- only my husband has to be in cohabitation with me at least for two years - have I understood correctly?

One more question please; If you think we can apply for ILR onwards 28th February 2014, which is much before the date of our current leave will expire – if I qualify the five years residency period ( 25th March 2009-25th March 2014), can we still apply for ILR, 28 days before the current visa expires ?

I would appreciated your help and comments very much.

Thank you all very much in advance.

Mahfuza

[safeery2k]

Hi,
I'm on Tier 1 General and going to apply for ILR soon but my wife needs to complete 5 years residential period in order to qualify for ILR so we are going to apply her for FLR. There is a english language requirement for FLR which says

"You have passed an English language test in speaking and listening at level A1 of the Common European Framework of Reference or above, with a Home Office approved provider"

Could you please help me what is that test, where do I book it? UKBA website is not working and I'm struggling to find out any help for the given test.

Thanks,
Safeer

[vinny]

See also Knowledge of English.

Note that she may also continue as a PBS dependant.

If she switches to FLR(M), then her qualifying period for SET(M) may be reset.

[safeery2k]

Thanks for your reply. Are you saying my wife's 5 year residential period will be reset if we switch to FLR, do you have any UKBA site link for that?

I've gone through the links you posted for english language test but I'm confused again. In FLR form's guidance it says we need only speaking and listening for on this link https://www.gov.uk/remain-in-uk-family/ ... of-english it says we need all 4 skills. We are looking to do ESOL Skills for Life (Entry 1) which is CEFR level A1, is that OK to take?

If yes then please advice do we need to take for all 4 skills or only speaking and listening?

Thanks for your help.

[safeery2k]

Hi,
I'm going to apply for ILR next week and PBS dependant for my wife through post but I'm confused how do I send both applications together as the address to send on both forms is different. Should I post both application at SET (M) address and ask to look for PBS once my application is approved?

Thanks for your help.