ILR (long resident) for main applicant and dependant.

[moonstar9823]

Hello everybody,

I'm currently on Tier 1 General extension issued 24 feb 2013 untill 24 feb 2016. My 10 years will complete as 3 year student + 2 PSW + 5 year Tier 1 General.

I was first granted visa on 24 feb 2006 but I arrived UK on 6th March 2006. So my 10 years will complete on 6th march 2016 but as one can apply 28 days in advance so this won't be problem for postal application.

Q? is can I go through same day service will i be granted visa same day or they will hold application untill 10 years complete? and which form I have to use?

Second q? is my wife received her visa from pakistan as Tier 1 General Dependant on 23 September 2014 (expiring 24 feb 2016), currently living in UK so which form to fill and category she will get her extension in? and she has to do life in UK and English language tests now or later when apply for ILR and pay for NHS surcharge?

[CR001]

1. You can submit your application no sooner than 28 days before 6th March. You can apply in person for a same day decision. HO/caseworkers do know the rules.

2. Your wife will need to switch to FLR(M). She does NOT need LIUK but she WILL have to submit English A1 test certificate from one of the approved test providers. This switch in visa will reset her clock to zero and she will have to complete 5 years (2 x 2.5 year visas) on FLR(M) before she will qualify for ILR. She will have to pay the IHS Surcharge of £500 on top of the visa application fee. She can apply in person or by post once you have received your ILR and BRP card.

[moonstar9823]

Your wife will need to switch to FLR(M). She does NOT need LIUK but she WILL have to submit English A1 test certificate from one of the approved test providers. This switch in visa will reset her clock to zero and she will have to complete 5 years (2 x 2.5 year visas) on FLR(M) before she will qualify for ILR. She will have to pay the IHS Surcharge of £500 on top of the visa application fee. She can apply in person or by post once you have received your ILR and BRP card

thanks for quick reply.

why clock go back to zero thats not fair...so her nearly 1 and half year will be wasted.
2nd thing is her visa expiring same day as me. so she has to apply with me with FLR (M) form is that what u trying to say? or she will be overstaying while I get my visa approval.

regards

[CR001]

The only reason she loses the time and has to switch is because the rules changed in April 2014 for migrants applying for ILR based on long residency and what their dependants must do. See Here - PBS Dependents of ILR Long Residence Main Applicant(Click).

You can apply for long residence ILR in person for a same day decision 28 days before 6th March 2016. You can apply FLR(M) for your wife on the same day or by post once you receive your ILR/BRP but she needs to apply before her visa expires.

If you apply for ILR based on Tier 1 and 5 years residence, your wife will only need one extension on PBS dependent before she qualifies with 5 years residence for ILR. See Here - PBS Dependents of ILR 5 Year PBS Main Applicants(Click)