ILR

[aikmonaikmon]

Hi, I am married. I am on my work permit and my wife is a work permit dependant.

In 2008 Dec, I will be in this country legally for 10 years. Hence, I intend to apply for ILR. When I apply for ILR, what does my wife need to do?

Many thanks

Sai

[luisabush]

2.4 TREATMENT OF DEPENDANTS
IDI May/07 CH 18 - LONG RESIDENCE
10
There is no provision within the rules on long residence for the dependants of a main applicant to be granted in line. Each individual member of a family must qualify under the long residence rules in his own right.

Where one member of the family qualifies under the long residence rules, but his spouse or civil partner and/or children do not, then the family members will need to apply under the relevant categories of the rules relating to the spouses, civil partners and dependant children of persons present and settled in the UK.

Chapter 18 - Long residence

[John]

aikmonaikmon, you have been in the UK for about 8.5 years already. Can you detail what length of time was spent in each visa category?

And your wife, when did she come to the UK?

[aikmonaikmon]

Dear John,

My apology for the late response.

I arrived in the UK on 28/12/1998 as a student.

28/12/1998 - 31/01/2001 : student
31/01/2001- 31/08/2001 : FLR (student)
01/09/2001 :FLR refused and appeal submitted.
Dec 2004: appeal succeded (yes, it took that long to process my appeal)
Dec 04 - Aug 05: FLR (student)
Aug 05 - Aug 2010: FLR (Business & commercial work permit)
Aug 06 - Aug 2011: FLR (Changed job, hence reapplied FLR)

Absense from the UK'

a) 02 Apr 2000 - 2 May 2000 (31 days)
b) 18 Apr 2005 - 8 May 2005 (21 days)
c) 14 Apr 2006 - 18 Apr 2006 (5 days)
d) 19 May 2006 - 12 Jun 2006 (25 days)
e) 06 Feb 2007 - 16 Feb 2007 (10 days)
f) 05 May 2007 - 08 May 2007 (4 days)

My wife came to the UK on 19/03/2001.

We got married on 19/11/2005.

She was granted wp dependant on 16/10/2006 till 22/08 2011.

Appreciate your help.
Best regards
Sai

[costa]

to aikmonaikmon:

Its simple. Once the caseworker decide to approve your ILR application, then your wife should file a FLR(M) application to request a 2-year spouse visa. Within 28 days of her 2-year visa due day, she can then apply her ILR. Once she get her ILR (suppose you should be british citizen then), she can apply naturalisaton application immediately without any waiting.

So, its better to apply both applications (SET(O) and FLR(M)) at PEO at the same time. It might cost money but obviously save a lot of time rather than by post for each of your application.

[John]

Sai, you have not given any detail about your wife's UK immigration status from when she arrived in 2001 until she got a WP dependant visa. Please post that information.

[aikmonaikmon]

Thank you Costa. Very useful information and advise.

Hi John,

Sorry about the incomplete information. Her immigration status was student untill she got a WP dependant visa.


Many thanks
Sai

[John]

So, its better to apply both applications (SET(O) and FLR(M)) at PEO at the same time. It might cost money but obviously save a lot of time rather than by post for each of your application.

Yes that is OK, as long as the ILR application is granted. Because if it is not then the FLR(M) application by the wife is bound to fail.

I submit that there really is no need to submit both applications together. Especially in view of the immigration history for the husband, there is no reason to take a risk on this matter.

Or rather, aikmonaikmon, why not pay £10 and make a Subject Access request to the Home Office ... and ensure that there is no doubt that they consider you to have been "legal" since you arrived in the UK back in 1998. I am not saying that you have not been "legal" but that enormous delay in getting your new student visa in December 2004 leads me to think that £10 making that request would be a good investment.

[aikmonaikmon]

Thank you John. I do agree that I should make a Subject Access request and I will.

Much appreciated

Sai

[aikmonaikmon]

Hi,
I am HSMP holder and my wife is holding a dependent visa. I am applying for ILR this week.

If my application for ILR is successful, must my wife apply for FLR(M) or can she still hold her current visa?

Please do let me know if you need further info.

Thank you
Sai

[vinny]

However, if you are applying because you meet the long-residence requirement, you may not include any dependants in your application. If you do, their applications will be refused. They may apply separately if they have completed the qualifying period of 10 or 14 years. If you have a partner who does not qualify, he/she may apply for temporary permission to stay (limited leave to remain) on application form FLR(M) (see Completing application form FLR(M)), in which case he/she can include any children under 18 as his/her dependants. For other options, see SET(O) guidance.

Your wife should apply for FLR(M) before she may subsequently apply for SET(M). Don't forget the KOL requirements for both of you when applying for settlement.

[aikmonaikmon]

Hi,

If my application for ILR is successful, must my wife apply for FLR(M) or can she still hold her current visa?
Please do let me know if you need further info.

Thank you
Sai

Thank you Vinny.

Please let me know "by when my wife must apply for FLR(M)" once my Long residence is approved. Eg. Must she apply FLR(M) within one week after I am granted ILR.

Kind regards
Sai

[vinny]

ASAP, because her 2-year qualify period required for SET(M) (288), under the spouse category, will start only when her FLR(M) (285) is granted.