Application form for dependent FLR(O) or FLR(M)

[vreddy16]

I am currently working on Tier-1 Visa .My 5 years of Tier 1 completes this December 31 2012 and I am not sure on how to proceed with application for my dependent(wife).

My wife got visa as Tier1 Dependent on 10-June-2011 till 31-Dec-2012. She was here in UK on 18 - Jun - 2012. It would 18 months by the time i apply.


Am i (with my wife ) eligible to apply for ILR after 3rd Dec 2012 using SET(O) form ? or

What application should i use ?Is it FLR(O) or FLR(M)? I am planning for same day, can we both go on same day ?


I read "FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting" topic and could not follow this

Q13 - Based on the question above, my spouse / partner does not qualify for ILR at the same time as me or is not applying at the same time as I for some reason. What application should my (dependant) spouse / partner make to extend stay in UK and apply for settlement later?

If your current (PBS dependant) leave will expire after you have completed the qualifying period then such dependants may apply for settlement directly (319E).

Based on this can she apply with me using SET(O)

I would really thankful if you can help me on this.

[geriatrix]

Modified answer to Q13 to clear the ambiguity you seem to be having .... please read again.

Read Q12 before Q13.

[vreddy16]

Thanks alot for the reply.

I am now reading the 319C and 319D .Hope i would find the which form should i use to apply for extension in those. And also what visa would now be given and is it possible for apply ILR after that.

[geriatrix]

Applications by dependants

[vreddy16]

Thanks for the application forms.

I have gone through the total form but it says only dependent of Tier1 General. But i would no longer be under Tier1 General .

[vreddy16]

Should i fill SET(O) form for me and dependent form(Tier1 etc visas) for my wife .

Can we both attend on same day in person? Should i book slots as SET(O) and PBS Tier1 Dependent.

[geriatrix]

Can we both attend on same day in person? Should i book slots as SET(O) and PBS Tier1 Dependent.

Yes. Yes - SET(O) in first half, PBS dependant in second half.

[vreddy16]

Thanks for response.

I have gone through the PBS dependent total form but it says only dependent of Tier1 General. But i would no longer be under Tier1 General .there is no option for main applicant ILR.

Please let me know if this is the form?

[geriatrix]

If in doubt, please check with UKBA.

[vreddy16]

Guidance for the PBS Dependent form mentions the point i was looking for.

Thanks a lot for your help.

[pjzhang]

Guidance for the PBS Dependent form mentions the point i was looking for.

Thanks a lot for your help.

Hello, i have gone through the Tier 1, 2& 5 PBS Dependant Form, but can't find the right tick box for Sponsor being or have been ILR From Tier 1.
You mention the guidance answers you similar query. Where is it? Can't find it either.
Help, please.

[vreddy16]

These are the lines which made think like that :

PBS (Dependant) Policy guidance
Introduction
1. This document provides policy guidance for family members of a Points Based System migrant.
It reflects policy at the date of publication and we may change it. It should be read together with
paragraphs 319A to 319K of the Immigration Rules. For the purpose of these guidance notes, the
terms ‘we’, ‘us’ and ‘our’ refer to the UK Border Agency.
1A. Where we refer to the dependant of a Tier 1, 2 or 5 migrant, all of these references will also
include those applicants who are applying for further leave to remain in the PBS dependant
category when their sponsor (the Tier 1, 2 or 5 migrant) has gone on to acquire indefinite leave to
remain.


If my thinking is incorrect please let me know.

[pjzhang]

These are the lines which made think like that :

PBS (Dependant) Policy guidance
Introduction
1. This document provides policy guidance for family members of a Points Based System migrant.
It reflects policy at the date of publication and we may change it. It should be read together with
paragraphs 319A to 319K of the Immigration Rules. For the purpose of these guidance notes, the
terms ‘we’, ‘us’ and ‘our’ refer to the UK Border Agency.
1A. Where we refer to the dependant of a Tier 1, 2 or 5 migrant, all of these references will also
include those applicants who are applying for further leave to remain in the PBS dependant
category when their sponsor (the Tier 1, 2 or 5 migrant) has gone on to acquire indefinite leave to
remain.


If my thinking is incorrect please let me know.

I've noticed this statement which address the change on 319C to include ILR From PBS.
However, this is the only place. In guidance, it does not mention 3 years period of grant as 319D stated for dependant if sponsor going on ILR.
In the HELP TEXT file, no change at all saying the application form only used for dependant as their sponsor applying PBS or extend PBS.
Most importantly, UKBA seems have not update the dependant application form, which I could not have found the tick box for sponsor as ILR from Tier 1 General for example.
If I use the current dependant form, which box I should tick then to answer the question 'under which category the sponsor is the applicant depend on'
Correct me if i am wrong and clarify, please

[vreddy16]

Even those doubts are troubling me .i called ukba regarding this but got a reply that I need to wait until my status is decided ,until then I cannot book any appointment for her . Cannot decide how to proceed.

[geriatrix]

1. Common sense suggests that, in absence of an option to select the status of principal migrant as applied for settlement / settled status / British citizen, an applicant should select the PBS category of the principal migrant at the time of his/her settlement application.
There is no harm in mentioning the fact - that the principal migrant has applied for settlement / has settled status / is a British citizen - in one's own handwriting against the appropriate check box in M2 and M5. Choose extension under M3.

2. There is no point in making an in-person application for PBS dependant leave if the settlement application of the principal migrant has not been decided - because the application under such circumstances will be deferred. Apply by post instead.

3. No one can stop you from booking an appointment for FLR(M) application on the same day as your settlement application or any other day. Whether you end up using the appointment or not is another matter.