ILR or FLR for my dependant

[vinny]

I don't think that they are correct.

If she had needed to spend two years as a spouse of a settled person, then 287(a)(i)(a) would suffice. 287(a)(i)(d) would be redundant.

Send them a letter with their reference number. Explain that your wife had been living with you as a Tier 1 (General) dependant since Dec 2009. Ask why 287(a)(i)(d) wasn't considered properly when she made the ILR application in February.

[akirank]

Many thanks Vinny. I shall write to them Requesting to reconsider their decision

Thank you
Kiran.

[akirank]

Hi Vinny,
I spoke to home office this afternoon to enquire about the issue. She read the following statement that i found in this board
"A dependant partner of a points-based system migrant who completes two years in the UK in that capacity and before their sponsor is granted ILR, can apply for ILR at the same time as the sponsor i.e. the dependant partner can apply for ILR under 319E.

A dependant partner of a points-based system migrant who has completed less than two years in the UK when their sponsor is granted ILR cannot apply for ILR under paragraph 319E. They will need to apply to switch their leave under paragraph 284. Paragraph 287 then allows such dependants to count time spent as a PBS dependant and also time as the partner of a person who is settled here towards the necessary two year period for ILR.

She asked me to write to the case worker to reconsider. She advised me to attach a print out from ukba website about the above statement.But I could not find it on the UKBA website.

Could you please give me a link for that?

Thanks a lot

Regards
Kiran

[vinny]

Your quote was part of the UKBA's response to nadeemshafiq. It explains the interpretation of the relevant Immigration rules.

[askyara]

hello

i am applying for ILR under 10years stay. My current visa is PSW. My dependant are my husband whose married to me and been in UK for 7 years, and my daughter, 7 yo -UK born.

Our visas will expire on the 17th of june 2012.

I rang few solicitors which gave me advice differently from UKBA customer care.

Solicitor says : My husband and my daughter need to fill in set (M) form as they have been in UK for 7 years, and do not have to go through FLR(M) form.

UKBA says : They do need to fill in FLR(M) form, then immediately after that OR in two years they can change to set(M).

I am sooooo confuse!! I rang 4 solicitors, and all of them says set (M), and suddenly ukba says completely different. And those solicitors are from well known immigration firm. Please if any gurus,moderators or anyone help me to clarify the situation..pleasseeeee..

Many thanks.

[Greenie]

hello

i am applying for ILR under 10years stay. My current visa is PSW. My dependant are my husband whose married to me and been in UK for 7 years, and my daughter, 7 yo -UK born.

Our visas will expire on the 17th of june 2012.

I rang few solicitors which gave me advice differently from UKBA customer care.

Solicitor says : My husband and my daughter need to fill in set (M) form as they have been in UK for 7 years, and do not have to go through FLR(M) form.

UKBA says : They do need to fill in FLR(M) form, then immediately after that OR in two years they can change to set(M).

I am sooooo confuse!! I rang 4 solicitors, and all of them says set (M), and suddenly ukba says completely different. And those solicitors are from well known immigration firm. Please if any gurus,moderators or anyone help me to clarify the situation..pleasseeeee..

Many thanks.

oh dear - well perhaps these well known solicitors should look at the rules for settlement as the spouse of a settled person. Without applying for an extension of stay under paras 281-286 of the rules, your spouse will not qualify for settlement under any of the options in 287(a)(i) (a-f).

See here:
http://www.ukba.homeoffice.gov.uk/polic ... _partners/


With regards to your child however, if she was born in the UK she can skip applying for ILR/FLR and apply for registration as a British Citizen on form MN1

[askyara]

thank you so much Greenie.

Since few days last week,and today, i have been ringing those solicitors.

At first my aims was just to ask their service to sort my visas and my dependants because all expire by 17th june, and if i send mine now, it wouldnt have time to arrive for dependant to send in theirs. I am so scared to send it by my own, as i have to write in cover letter to explain these situation, because i have all forms together.

While asking them above, i asked them about those forms, and all of them says the same.And today, finally i call UKBA, and they explain differently!

Now i understand, the correct form is FLR(M). They say, that it is better to include my daughter in FLR(M) first. Incase, they refused her citizenship. At least she will have ILR, or else, her visas will expire and she will be illegal here.

As for my gaps - they say my gaps are not gaps but 'statutary state'. and that they would be no problem. But i have to explain it on cover letter.

2 of th gaps are because the HO stamped them late than it is suppose to be .(a day after its expire - but they stamped 2-3 weeks after), and the other is because they hold our passports was held due to accidental in benefits.

I have asked for SAR - has not arrived - hs complained - still has not arrived.

So what would you think should i just inc my daughter like UKBA advice, and what do u think of my gap.

Many thanks.

[Dech]

Hi mak2000,

Congratulations on your wife's ILR. please can you confirm if she applied with SET(M) or SET(O) application . We got mixed answers when we called UKBA.

I have further leave to remain(FLR) Biometric residence Permit visa as a dependant spouse which is valid until Dec2013, but we are considering to go ahead with my ILR application as I have been in the country over 2 yrs. we have referred to the 287(a)(i)(f) section of the immigration policy but not certain which application to use. Please guide us.

Many Thanks

[vinny]

Hi mak2000,

Congratulations on your wife's ILR. please can you confirm if she applied with SET(M) or SET(O) application . We got mixed answers when we called UKBA.

I have further leave to remain(FLR) Biometric residence Permit visa as a dependant spouse which is valid until Dec2013, but we are considering to go ahead with my ILR application as I have been in the country over 2 yrs. we have referred to the 287(a)(i)(f) section of the immigration policy but not certain which application to use. Please guide us.

Many Thanks

I beleive that 287(a)(i)(d) is applicable in your case. It may be best if you continue in your original thread.

[ijaz.khanz]

hi every one, this forum is very helpful, just wana know that i have got ILR on 10 yrs long residence route, during this time initially i was student and then my wife got student visa in 2005 and i became dependent on her later my wife applied for HSMP and she got HSMP in 2009 and i was still dependant of her now as i have got ILR can my wife apply for indefinite directly as she is UK since 2004 and has got her HSMP visa at present or she has to apply for 2 yr spouse visa. any advice and help will be much appreciated.
thanks

[Need_light]

hi every one, this forum is very helpful, just wana know that i have got ILR on 10 yrs long residence route, during this time initially i was student and then my wife got student visa in 2005 and i became dependent on her later my wife applied for HSMP and she got HSMP in 2009 and i was still dependant of her now as i have got ILR can my wife apply for indefinite directly as she is UK since 2004 and has got her HSMP visa at present or she has to apply for 2 yr spouse visa. any advice and help will be much appreciated.
thanks

@ ijaj.khanz below information will help u in your situation. I received this info from HO by email.

Dependant spouses/partners of PBS migrants have to meet the requirements of paragraph 319E of the Immigration Rules to qualify for ILR. Paragraph 319E (b) of the Rules only allows PBS dependents to be granted indefinite leave to remain at the same time their spouse/partner is being granted ILR as a PBS migrant. Therefore, once the main PBS migrant has been granted ILR it is not possible for a spouse/partner to be granted extensions of leave as  the family member of a PBS migrant. To extend their stay, they must apply under the Immigration Rules for spouse/partner of a settled person.
 
You will need to apply to “switch” into the spouse of a settled person category. You will need to meet the requirements set out under paragraph 284 of the Immigration Rules and submit application form FLR(M). Once you have “switched” into this category, as you have completed 2 years leave as a dependant, you will be able to apply for settlement (leave as the dependant of a PBS migrant and leave as the dependant of a settled person can be amalgamated to meet the 2 year requirement). You will of course have to meet the requirements of paragraph 287(a) of the Immigration Rules.

[geriatrix]

can my wife apply for indefinite directly as she is UK since 2004 and has got her HSMP visa at present

No.

or she has to apply for 2 yr spouse visa.

Yes, if she wishes to. Alternatively, she may continue to remain a PBS migrant and apply for settlement in her own right as and when she qualifies (2014).