Swtiching from Tier 1 to Tier 1/ILR Dependent whithin UK?

[skum]

Hello everyone,

My husband is applying for ILR ( via tier 1 route) next month.
I have tier 1 visa but currently I am not working as want to become his dependent.

1. Can I apply for dependent application within Uk or I need entry clearance from my home country(India).
2. Can I apply together with my husband to become Tier 1 Dependent ( I Don't want to become FLM as I will need another extension for 10 year long sta while Tier 1 dependent will give 3 year during which I will become illegible for settlement through 10 yearlong stay )
3. If yes, then how do we book appointment- two different appointments or one??? and how much fees do I need to pay?

Many thanks in advance.

[skum]

please help regarding my query..as I need to take appointment this week.

[vinny]

1. Can I apply for dependent application within Uk

Yes. You may apply for leave as a Tier 1 dependant in the UK while your husband is a Tier 1 holder. Subsequently, you may extend.

319C.

[skum]

Thanks vinny. But I was thinking to apply along with my husband's ILR application.

If I apply now ( before husband's ILR) for tier 1 dependent - how long will I get visa for?? is it till my husband leave on tier 1?? my husbands leave ends in May 2014. if yes,

If I apply with my husbands application, I was thinking atleast I will get leave for 3 years!


OR then it's better to apply for FLR (M) along with my husband's ILR application. But,

Am I eligible to apply for FLR(M)?? Can I switch from tier 1 independent to FLR(M) directly ?
Can I

[vinny]

If you are applying for leave as a PBS dependant when your husband is applying for ILR, then I think 319C(b) may fail.

Alternatively, you may apply for FLR(M) along with your husband's ILR application, if he is granted ILR.

[skum]

Can I apply for FLR(M) within UK? Or do I need to go back to my home country to apply for entry clearance?

This bit of information on webpage is confusing too regarding switch --http://www.ukba.homeoffice.gov.uk/visas ... dantroute/

[vinny]

Can I apply for FLR(M) within UK?

Yes, if you satisfy all its requirements.

[skum]

thanks again for quick reply.

Could you please send link of the requirements??

Anyone who can switched from tier 1 independent to dependent within uk?? please help.

[O_Relly]

Just one point though, please ignore if you are probably already aware, your ILR clock will be reset when you switch to dependent category.

[skum]

Hello everyone,

My husband is applying for ILR ( via Tier 1 General route) next month.
I have tier 1 visa but currently I am not working and want to become his dependent.

Can I switch from Tier 1 to FLR(M) within UK?
Do I need to become PBS dependent first then apply for FLR(M)??

PLease help. thanks.

[CR001]

yes, you can switch directly to flr(m) if you meet the reqirements and your husband earns £18,600 per annum. switching to flr(m) will reset your clock for ilr. you will get a visa for 2.5 years and will need to renew it for another 2.5 years before you can apply for ilr.

you also need to meet the english language A1 test requirement to switch.

[skum]

What are the other requirements for FLR(M)?

I have tier 1 so have already fulfil the English requirement.

[skum]

Can I apply for FLR(M) within UK?

Yes, if you satisfy all its requirements.

thanks vinny for your reply.
after your suggestion and reading 319c (b) (iii) , I made up my mind to apply for FLR( M). But then today, I came across this page ----
https://www.gov.uk/remain-in-uk-family/exceptions

Where tier 1 is mentioned. I don't know why they mentioned it here? does it mean that I am not eligible to apply for FLR?? THe website is so confusing!!!
Has anybody changed their status from tier 1 to FLR?? PLease help

[vinny]

Note that it says:

If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category.

The wording in the original UKBA website was correctly amended. If you are not a PBS dependant and your partner is an ILR holder or applying for ILR, then you may apply for FLR(M).

[skum]

Many thanks for quick reply Vinny.

I'll apply for FLR ( M) then. I am thinking to apply "by post" after my husband get ILR since it would be a straight forward application. But need to check how long does it take for application made by post.

[skum]

I first to came to UK at work permit holder's dependent in dec 2006. After that, I had my own Tier 1 visa. Now I am applying for FLR(M). My question is -- am I illegible to apply for ILR after 2 years? My husband had also got ILR.

Thanks.

[vinny]

Unfortunately, you will be switching to FLR(M) under the 5 year route. However, you may qualify for ILR under Long residence in Dec 2016.

[skum]

WHy?? why cant the old work permit holders can be treated same as Tier 2

[Amber]

Because an old work permit is not a 'relevant PBS applicant'. Moreover, you're not a PBS dep, you're a PBS applicant.

[skum]

hmmm that's really sad.

Btw I have two more questions (after filling the FLR m form):

1. I have recognized UKNRI degree from india. But the degree certificate doesn't mention that course was taught in English.
I checked point based calculator and it is giving me 50 points for the degree. Earlier I had Tier 1 and Tier 1 extension on the basis of these 50 points as well. I can mention this in cover letter

My question is - will that be alright??

2. We were married in church and have marriage certificate issued by church. Both of us have names in our passports as wife/husband. Is it alright??

PLease reply soon as I have appointment tomorrow (
many thanks

[Amber]

1. Yes so long as 10 points are awarded for English.

2. I'm not sure what you mean, but you can use your passport name, the form will ask for any other names.

[skum]

Well I meant, in my passport, my husband name in mentioned as " husband" and vice versa.

many thanks for quick reply

[skum]

Many thanks for so much help!!

I got my FLR(M) visa today. They accepted the church issued marriage certificate and my degree.
My husband went with me but they dint ask any questions or anything.

Now after 2 and half years have to apply for 10 year long stay visa. I hope that to get that rather than spending another five years for ILR!

Many thanks again!