ILR on Long Residency but wife application ??

[nafeesakhtar]

Dear All

My brother has got his ILR on the basis of 10 years long residency today.His previous leave was Tier 1 General .
His wife came in the UK on 16.11.2011 as Tier 1 Dependent.

She has to make new application to the Home office soon.But we are very confused about it

Questions:-

Q1- Is she eligible for ILR as she came before July 2012 and already completed her 2 years as dependent??
Q-2 if she is eligible for ILR then which application form will have to use???
Q-3 Does she need to apply for FLR(M) ?? if yes does husband needs to show 18,600 GBP annual income?
Q-4 if she use FLR(M) then after how long she is eligible for ILR?
Q-5 Does she need any English Language and Life in the UK ?

i would request to senior members to give us brief advice

Regards

[vinny]

1. No.
3. Yes. Yes.
4. Five years after grant of FLR(M).
5. English A1 required for FLR(M). English B1 and KOL required for SET(M).

[nafeesakhtar]

Thank you very much Vinny .
My understanding from you reply is that she has to apply for FLR-M and after completion of 5 years she is eligible for ILR.
Husband have to show 18,600 GBP income as well.
will she be able to amalgamate time spent as PBS dependent and spouse of ILR holder???

[nafeesakhtar]

Vinny
one more thing i have found this on the Home Office web site

If your last leave was as the partner of a former points-based system migrant who:

is settled in the UK and was granted settlement as a points-based system migrant; or
has British citizenship having been granted settlement as a points-based system migrant.

you do not need to apply for further leave to remain in a partner category.

Instead, you can apply as a dependant under the relevant category of points-based system on application form PBS Dependant. When eligible, you can apply for settlement on form SET(O).

https://contact-ukba.homeoffice.gov.uk/ ... you-apply/

is it optional to apply one of the above category i,e FLR-M or PBS ???
What you think ...........which route is the best

[CR001]

Your wife has to switch to FLR(M) because you obtained ILR based on 10 years long residency and there were rules changes on the 6th April, link below :

http://www.immigrationboards.com/immigr ... l#p1005367

[nafeesakhtar]

does husband need to show £18,600 from 6th April 2014??? espacially if wife is already as PBS dependent

[Amber]

Yes, I'm afraid so as she didn't apply before April 6.

[nafeesakhtar]

Dear Amber

thanks a lot

brief summery of the above discussion is that if husband has got ILR on the basis of 10 years regardless if husband was any PBS category i.e tier 1,tier2 or Tier4 then

1- Spouse has to apply for FLR -M .... true ?
2-Income must be £18,600 and need to meet English requirement ....true ?
3-All PBS dependant will be same category either they came as dependant before or after July 2012 ....true ?
4- Spouse will be eligible for ILR after 5 years after grant of FLR M and the time spend as pbs depenet can not be amalgamate with FLRM to complete 5 years....true??
5- Since 6th April 2014 it is not possible to switch FLR(M ) to SET (M)...true ?
5-PBS dependant still be able to apply further leave to remain as PBS dependant if the husband got ILR and his last leave to remain was under PBS ,to avoid income requirements....true ??

looking forward for your advice

[Amber]

1. Yes
2. Yes, for a couple with no children
3. Not sure what you mean
4. True, 2 x 2.5 FLR(M) then SET(M), each time meeting the Financial Requirement
5. One must switch from FLR(M) to SET(M) to settle (if not SET(LR)
6. Yes, but not if the 'sponsor' applied for SET(LR).

[nafeesakhtar]

Thanks a lottttt Amber you are a star.
in regards to point no 3 i was trying to clear that under the new rules if spouse was already in the UK before July 2012(for example came in June 2010) or other spouse came to UK after July 2012( for example June 2013) ...both are on same boat and both have to spent 5 years to be eligible for ILR ????
there is no advantage to dependant anymore who came before July 2012.

thanks again for your time

[Amber]

Yes, there is no longer an ability to apply under Part 8 as of April 6 2014.

[nafeesakhtar]

Dear Amber
2 more questions:-

1- is there any time limit to switch into FLRM once sponsor got ILR (LR) ....is it within 28 days?

2- if someone is unable to meet £18,600 what will happen to spouse application ? will spouse will given Discretionary leave ????

do you think it will be unfair with those who recently got ILR(LR) and the gross income is less than £18,600 .Will Home Office will deal such application under special arrangement???

[Amber]

1. Before current leave expires.
2. FLR (FP) is not guaranteed but may be granted, though, that would be a 10 year route to settlement. I wouldn't expect any concession from this government.

[sabidh12]

Dear Vinny and Amber, i got ILR 10 yrs route and my wife was my tier1 dependent since 2011. She got flrm before 6 april in peo. Can she now apply for setm straightway as the caseworker told my wife that she could do it after 6 april and would still fall under old rules.
I really need ur advice please. Xx

[Amber]

Yes, she can, by virtue of immigration rule 287(a)(i)(d).

[sabidh12]

Thank you Amber, i will apply her setm straightway through peo.

[Amber]

B1 English and LIUK required.