Will my wife need to swtich to FLR(M)

blessco_system · Post by **blessco_system** » Thu Jun 14, 2012 4:42 pm

I was on PBS and got ILR in Jan2012. My wife came to the uk in 2011 (she got visa until 2014) as my PSB dependant... as she has not completed 2 years period yet. we were looking to switch to FLR(M)..but after reading your comments it sounds like she does not need to switch to flr(m) anymore and can apply for ILR after the completion of her 2 years in the country....please correct if I have misunderstood you? and advise what shall we do?

Thanks,

blessco_system · Post by **blessco_system** » Sat Jun 16, 2012 10:51 pm

Greene or someone else please help with my following query and point our clause number of homeoffice document which applies on me?

Many Thanks in advance

blessco_system wrote:I was on PBS and got ILR in Jan2012. My wife came to the uk in 2011 (she got visa until 2014) as my PSB dependant... as she has not completed 2 years period yet. we were looking to switch to FLR(M)..but after reading your comments it sounds like she does not need to switch to flr(m) anymore and can apply for ILR after the completion of her 2 years in the country....please correct if I have misunderstood you? and advise what shall we do?

Thanks,

Post by **Greenie** » Sun Jun 17, 2012 3:15 pm

what type of PBS leave did you have before being granted ILR?

blessco_system · Post by **blessco_system** » Sun Jun 17, 2012 6:35 pm

Tier 1 (General)

Greenie wrote:what type of PBS leave did you have before being granted ILR?

Post by **Greenie** » Sun Jun 17, 2012 8:59 pm

according to the new rules (effective from 9th July) it appears she will not need to switch anymore. See paras 94 and 95 of the statement of changes

currently the rules only allow a PBS dependent to apply for ILR at the same time as the PBS migrant (ref who is, at the same time, being granted) meaning that if the dependent hasn't completed the two years when the PBS migrant qualifies for ILR, or if the PBS migrant applies for ILR under the 10 year route, the PBS dependent has to switch on form FLR(M) in order to apply for ILR as the spouse/partner of a settled person.

The rules are being amended so that the PBS dependent can apply for ILR if the PBS migrant spouse 'is being' or 'has been granted' ILR meaning that a switch on FLR(M) will no longer be required from 9th July.

faz28 · Post by **faz28** » Sun Jun 17, 2012 9:23 pm

Greenie wrote:according to the new rules (effective from 9th July) it appears she will not need to switch anymore. See paras 94 and 95 of the statement of changes

currently the rules only allow a PBS dependent to apply for ILR at the same time as the PBS migrant (ref who is, at the same time, being granted) meaning that if the dependent hasn't completed the two years when the PBS migrant qualifies for ILR, or if the PBS migrant applies for ILR under the 10 year route, the PBS dependent has to switch on form FLR(M) in order to apply for ILR as the spouse/partner of a settled person.

The rules are being amended so that the PBS dependent can apply for ILR if the PBS migrant spouse 'is being' or 'has been granted' ILR meaning that a switch on FLR(M) will no longer be required from 9th July.

Does this new rule apply for PBS Tier-4 dependent as well? Or do we need to change to flr(m)

raza189 · Post by **raza189** » Mon Jun 18, 2012 4:42 pm

My question is very similar to the original poster. I will qualify for my ILR next year october and I have applied for my wife's tier-1 (general) dependant visa start of this month. Hopefully they will grant her the entry clearance before 9th of july and she would be on previous rules. She wouldnt have completed her two years by october by next year. So what is better, that I apply for extension for both and then apply for ILR for both when she completes her two years? Or, I go for my ILR next year and switch her visa to spouse of settled person (granted it is required)?

blessco_system · Post by **blessco_system** » Tue Jun 19, 2012 10:42 am

Thanks Greenie for your reply

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Will my wife need to swtich to FLR(M)

Will my wife need to swtich to FLR(M)