ILR Long stay

[Hass.1]

Hi
I am ion tier 2 general visa.
will my dependants lose their previous time that they spent with me in the uk if I apply for ILR on basis of long residence?

[CR001]

Yes. They will have to apply to switch to FLR(M) which will reset their clock for ILR to zero and will need to wait 5 years on FLR(M).

[justdopposite]

Hi. Just out of curiosity, how long will be the FLR(M) visa valid for when the clock for ILR, for the dependant, is reset to zero ?

[CR001]

Hi. Just out of curiosity, how long will be the FLR(M) visa valid for when the clock for ILR, for the dependant, is reset to zero ?

Initial visa will be for 2.5 years after which another extension on FLR(M) will be issued for a further 2.5 years. 5 years in total then before applying for ILR.

This is based on the OPs circumstances if applying for ILR based on his long residence.

[justdopposite]

Thanks. I kind of guessed they wouldn't issue FLR(M) for 5yrs , its a good money making tactic used by UKVI. more extension = more money.

[CR001]

Or to show that the marriage is subsisting etc and that the sponsor still meets the requirements.

[Hass.1]

Dear Sirs,
my partner had PBS dependant visa (valid for 2 years)
I am applying to ILR (long Stay)
on her visa, she is eligible to apply on the 2 years route (her first visa was before july 2012)
if I get the ILR long stay, will she have to wait for 10 years long stay as well?
or can she stay on her PBS dependant visa till she is here for two years and then apply for ILR?

the other question is related to the helth care surcharges, does she need to pay them when applying for spouse visa of ILR?
Kind Regards

[CR001]

Unfortunately if you apply for IL based on long residence, she cannot apply for ILR as a PBS Dep as the rules changed in April 2014.

http://www.immigrationboards.com/immigr ... l#p1007877

What date did you partner enter the UK?

[Hass.1]

Dear Moderator,
Thank you for your help with my previous posts.
Sorry if this question is repeated.
i was looking at the guidance notes of the SET(M) form which i need to fill for my Mrs spouse visa following me being granted ILR. it says
If you are applying as a partner of a person who last had leave as a work permit holder, a Relevant
Points Based System Migrant, on the basis of UK Ancestry or in any other temporary work related
category and they now have indefinite leave to remain or have been granted naturalisation this is
not the correct form to use
Does that mean we can't use this form as i was on PBS before i got my ILR on basis of Long Residency?

Secondly:
My spouse joined me in the UK before July 2012 so does this apply to her now:
Just state that you applied for FLR(M) under Part 8 of the immigration rules as you were a PBS dep before July 2012. Furthermore, as per immigration rule 287(a)(i)(d) you are applying for SET(M) amalgamating the time spent as a PBS dep with that under FLR(M) to meet the required 2 year period. B1 English and LIUK required for SET(M).

The above post is mostly replied to. However, it is not up to date and your help is appreciated
Kind Regards

[Hass.1]

she entered as tier 2 general dependant before July 2012

[iworker]

when do u complete your 5 years on tier 2? if it is soon, you might as well apply on that basis and then your partner can apply with you for her ilr.
if u apply for ilr on basis on 10 years, she will need to apply for a new leave and FLR(M) which will be valid for 2.5 years, extend it for another 2.5 years and then she will be eligible for ilr.

[Hass.1]

Will it be 5 years or ten years for her to get the ILR?
Thanks

[CR001]

If you apply for ILR based on Tier 2, she should qualify with you.

If you apply on 10 years long residence basis, your wife will have to complete another new 5 years on FLR(M). She will not be able to combine the time already spent in the UK as PBS dep in the new 5 year requirement on FLR(M). The PBS Dep time will be lost and will only be counted if she qualifies for 10 years long residence ILR.

[Hass.1]

Thank you for your reply.
Will the same apply on my child who is around 7 years old?
Regards

[CR001]

Thank you for your reply.
Will the same apply on my child who is around 7 years old?
Regards

Yes as Set(LR) form does not permit dependents. Was the child born abroad in home country?

[Hass.1]

Hi
yes I'm afraid
he was born abroad

So will he need to apply as dependant on my wife or will he need to fill (we fill for him) a separate form for him? and what form will that be?
Thank you for the help

[CR001]

One FLR(M) form with wife as main applicant and child as dependent.

NHS surcharge payable for both (£200 per year X 2.5 years - £500 each) on top of visa fee.

[Hass.1]

Thank you indeed
if they pay their nhs surcharges under one visa do they need to pay that again?

[CR001]

It will be payable when they switch to FLR(M) and then will need to be paid again when they apply for another 2.5 years extension after 2.5 years initial visa.

[Hass.1]

Sorry for not being so clear
what I meant is when they are going to apply for the first FLR (M) visa this will overlap with a previous visa for which they paid their surcharges
in other words, if they pay again for the FLR (M) it will be as if they paid 400 pounds a year instead of 200 pounds.
Regards

[CR001]

What are the visa dates for your dependents, start and expiry? When do you apply for the last extension?

[Hass.1]

they won't be able to wait till i get my ILR
when I get my ILR they will be only two month into their 3 years PBS dependant visa

[amy2387]

My tier 2 general visa validity is until 2017.
I'm planning on getting my husband here as my dependent (he's not in the UK).
Please suggest if the following docs are sufficient.

From my side:
My Cos reference number
Copies of my passport and visa
Letter from my employer stating my annual salary (Do not want to provide payslips)

From his side:
Application
Marriage certificate
Bank statement showing £630 for 3 months
Passport
Photos

Are these docs sufficient?

[Hass.1]

As far as I am aware you need to have available funds
and you have to pay the surcharges
there might be other documents as well but I am not sure

[Hass.1]

when do u complete your 5 years on tier 2? if it is soon, you might as well apply on that basis and then your partner can apply with you for her ilr.
if u apply for ilr on basis on 10 years, she will need to apply for a new leave and FLR(M) which will be valid for 2.5 years, extend it for another 2.5 years and then she will be eligible for ilr.

Sorry for the delay in saying thank you.
I was checking the financial requirements and they are a bit vague:
they asked for an annual income of 18600 pounds: Do the "sponsor" or the partner need to be in any given job with such salary for a whole one year before being able to apply?
and how long the saving needs to be in for?
Thank you