Tier 1 (General) to ILR and FLR for Dependent Query !

[spartanking_007]

Hello Guys,

First of all, thanks to everyone for suggestions and valuable responses.

Could anyone please respond to my queries.

I am planning to apply for ILR from Tier 1 (General) category and have few queries regarding the main application and dependent (FLR) applicant for my wife.

1) I understand that the qualifying period can be counted from the date of first entry clearance obtained (if the applicant entered in the UK with in 90 days). so i believe i qualify for ILR based on the information below
- Date of First entry clearance obtained - 09-Sep-2010
- Date of first entry in UK - 20-Nov-2010 (72 Days)
- End of Qualifying Period - 09-Sep-2015
- Total No:of Absences (out of UK) during the 5 year Qualifying period after first entry into UK on 20-Nov-2010 - 62 Days.
- Total No:of Absences after first Entry Clearance obtained - 134 Days

Q) : Do i qualify to apply now for ILR ?

2) First Entry Clearance received for Dependent applicant - 03-Mar-2015
with visa expiring on 16-Feb-2016 (Current leave to remain as main applicant).
Date of first entry to UK - 07-Mar-2015.

Q): Could anyone please provide response to the below queries.

A) Is it compulsory to apply for Dependent Visa for ILR (i.e.) FLR (M) at the same time as my application is made to Home Office ?

B) Does she need to wait until my ILR application is successful and then apply for FLR (M) ?

C) As I understand the clock will start for the ILR for Dependent Applicant with FLR (M) start date, is there a possibility to apply for extension under Tier 1 (PBS) System at the end of her current visa tenure (FEB 2016) ?

D) Does NARIC certification is essential for Bachelors Degree Assessment for Dependents ?

E) Income Thressold and evidence for Dependent Applicant.
Current Income threshold requirement for FLR (M) is £ 18,600
If the Main applicant income was around £40,000 in the 12 consecutive months out of last 15 months with Payslips and Bank Statements as evidence and
Consistent Savings of around £ 3500 for the last 4 months in the Account.

Will the above Income and Savings along with the relevant docs (payslips and Bank statements) will suffice as evidence for income threshold for dependent application ?


Many thanks in advance for your help.

Kind regards

Spartan

[CR001]

is there a possibility to apply for extension under Tier 1 (PBS) System at the end of her current visa tenure (FEB 2016) ?

There is no requirement that your spouse has to switch to FLR(M). Your spouse can continue to extend on PBS Dependent form until meeting the 5 year requirement. If she switches to FLR(M), this can only be done AFTER you have obtained ILR or on the same day as your appointment if your spouse applies in person too.

If your spouse switches to FLR(M), English A1 or NARIC will be required. It is not required for PBS Dependents.

You can apply for ILR no sooner than 28 days before 9 September 2015, so you could have applied already and you can apply any time now provided you meet all the requirements.

E) Income Thressold and evidence for Dependent Applicant.
Current Income threshold requirement for FLR (M) is £ 18,600
If the Main applicant income was around £40,000 in the 12 consecutive months out of last 15 months with Payslips and Bank Statements as evidence and
Consistent Savings of around £ 3500 for the last 4 months in the Account.

Will the above Income and Savings along with the relevant docs (payslips and Bank statements) will suffice as evidence for income threshold for dependent application ?

If you earn £40k pa, then you clearly meet the income requirement IF your spouse switches to FLR(M). If spouse stays as PBS Dependent, you only have to show the maintenance requirement.

Bear in mind that whichever route your spouse chooses, the IHS Surcharge of £200 per year is payable (£500 for FLR(M) and £600 for PBS Dep extension)

[spartanking_007]

Hi CR001,

Many thanks for your responses.

Please clarify,

A) Dependent Applicant can wait until her current leave to remain expires (Feb 2016) and apply for PBS Dependent or FLR (M) route some time before the leave to remain expires (in Feb 2016), although my status changes from Tier 1 to ILR in Sep 2015.
or
Should the dependent has to apply for extension via Tier 1 Dependent or FLR (M) route as soon as my status is changed.

My above question is to check if the dependent will have any issues while traveling from and in to the UK as Tier 1 Dependent as the Partner (Main applicant) is on ILR.

2) Any Advantage/Disadvantage, if PBS Dependent Route is opted rather than FLR (M) as i understand the PBS Dependent gets 3 years visa as compared to 2.5 years for FLR (M) based on the IHS Surcharge information provided below.

3) Will the current period of leave to remain for the dependent will be counted towards the qualifying period for PBS Dependent towards the 5 years period for applying ILR.

4) What is the qualifying period for dependent (Spouse/Partner) of British Citizen for applying ILR, is this same 5 year or is this 3 years.

5) Will there be any impact on my application and/or Dependent if i am not working/out of job at the time of application (Although i have met all the requirements(both funds and docs) for both the applications).

Many thanks

S

[CR001]

A) Dependent Applicant can wait until her current leave to remain expires (Feb 2016) and apply for PBS Dependent or FLR (M) route some time before the leave to remain expires (in Feb 2016), although my status changes from Tier 1 to ILR in Sep 2015.
or
Should the dependent has to apply for extension via Tier 1 Dependent or FLR (M) route as soon as my status is changed.
She needs to apply for whichever route BEFORE her current visa expires.

My above question is to check if the dependent will have any issues while traveling from and in to the UK as Tier 1 Dependent as the Partner (Main applicant) is on ILR. No issue in traveling as long as she has a valid visa when returning to the UK.

2) Any Advantage/Disadvantage, if PBS Dependent Route is opted rather than FLR (M) as i understand the PBS Dependent gets 3 years visa as compared to 2.5 years for FLR (M) based on the IHS Surcharge information provided below. FLR(M) will be 2 x 2.5 year visas and if she switches, her clock for ILR will reset to zero and she will have to wait 5 years from the date the FLR(M) is granted before qualifying for ILR.

3) Will the current period of leave to remain for the dependent will be counted towards the qualifying period for PBS Dependent towards the 5 years period for applying ILR. No, if she switches to FLR(M), her PBS dep time will be lost and not counted towards the 5 year requirement. If she extends on PBS Dep Form, her residence is counted from when she first entered the UK as a PBS Dep.

4) What is the qualifying period for dependent (Spouse/Partner) of British Citizen for applying ILR, is this same 5 year or is this 3 years. It is 5 years residence in both FLR(M) and PBS Dep.

5) Will there be any impact on my application and/or Dependent if i am not working/out of job at the time of application (Although i have met all the requirements(both funds and docs) for both the applications). If you switch her to FLR(M), you will need to meet the financial requirement at every step of the process (initial application, extension application and ILR).

[spartanking_007]

Many thanks for your responses CR001.

Will soon update on the outcome of my application.

S