Dependent's Visa Extension

[tier-1]

Hello Friends,

I am very much confused with regards to my wife's visa extension. Her current visa is due to expire on 15-May-2016. She had moved from tier-1 dependent visa to ILR dependent visa in May-2015. Her visa was showing as vaid till May-2016.

Once she gets visa as dependent of ILR, why should her visa be limited of the main ( myself, in this case) is indefinite.

Also I now have acquired Citizenship. So which form does she need to fill now to continue staying with permit to work in UK?

[Casa]

You mean she switched to FLR(M)? Did you apply for your ILR under the 5 year route or long residence?

[tier-1]

You mean she switched to FLR(M)? Did you apply for your ILR under the 5 year route or long residence?

Thanks Casa for reply.

I applied and got ILR under 5 year route. I got tier-1 in Apr-2008 and applied for premium service ILR in Mar-2013.

Once I got ILR in Mar-2013, I had to change the visa category for my wife. Don't know/remember the name of the form she filled in May-2013 so cant say if it was FLR(M) she switched to.

So wondering if Home Office is right in giving her a visa till 2016 only while I had indefinite. Or is it that she just get further extension without any cost.

[CR001]

There was no need for her to switch to ILR Dependent (which is FLR(M)).

As she applied for spouse settlement visa before April 2014, she is covered by the transitional provisions, which is why she was only given a visa for 2 years.

She can apply for ILR on form SET(M) if she has English B1 and LIUK.

[tier-1]

There was no need for her to switch to ILR Dependent (which is FLR(M)).

As she applied for spouse settlement visa before April 2014, she is covered by the transitional provisions, which is why she was only given a visa for 2 years.

She can apply for ILR on form SET(M) if she has English B1 and LIUK.

I had to apply for ilr dependent as her visa was expiring in April 2013. She was given visa till April-2013 as mine tier1 was expiring in Apr-2013.

Was this transitional provision in force in 2013. Nothing like this was mentioned in the application form.

She does not have life in UK and can't take it by 15 may.so what are my options

[Obie]

There was no need for her to switch to ILR Dependent (which is FLR(M)).

As she applied for spouse settlement visa before April 2014, she is covered by the transitional provisions, which is why she was only given a visa for 2 years.

She can apply for ILR on form SET(M) if she has English B1 and LIUK.

How did April 2014 rules affect OP.

I was under the impression that the April 2014 rules affects spouse of former Point Based System Migrant, who have since acquired ILR under the long residency provision.

This does not seem to be the case here.

If my understanding is correct, it seems as if we if a case under 319E, where the question is whether the OP's wife entered or was granted a visa before 9th July 2012( 2 years route to settlement) or post 9th July 2012( 5 years route to settlement).

[vinny]

How did April 2014 rules affect OP.

I was under the impression that the April 2014 rules affects spouse of former Point Based System Migrant, who have since acquired ILR under the long residency provision.

This does not seem to be the case here.

I believe that transitional provisions equally apply to all who were PBS partners prior to 9th July 2012 and had switched to FLR(M) prior to 6th April 2014.

[Obie]

But a dependent of a point based system migrant on a path to settlement, will have no need to move to 284, as they would qualify for ILR under 319E anyway.

I have always thought it is dependant of PBS migrant who were not on a path to settlement, but owing to 10 years lawful residence acquired ILR that this provision has applicability to.

In any event, the OP appeared to have secured ILR under the PBS . I personally see no applicability of the April 2015 changes on him.

[Amber]

But even thought there was no need to switch, they did, so it's irreverent whether there was any need to or not.

[Amber]

There was no need for her to switch to ILR Dependent (which is FLR(M)).

As she applied for spouse settlement visa before April 2014, she is covered by the transitional provisions, which is why she was only given a visa for 2 years.

She can apply for ILR on form SET(M) if she has English B1 and LIUK.

I had to apply for ilr dependent as her visa was expiring in April 2013. She was given visa till April-2013 as mine tier1 was expiring in Apr-2013.

Was this transitional provision in force in 2013. Nothing like this was mentioned in the application form.

She does not have life in UK and can't take it by 15 may.so what are my options

Apply by post for an extension of FLR(M) [under the old rules] then when she satisfies KoLL apply for SET(M) either varying FLR(M) if a decision isn't made or with a new application.

[tier-1]

Thanks Amber for reply. What is KoLL you have mentioned in your advise.

Can it not be as spouse of British citizen instead? Will the application cost be same.? Or any other advantage in future of choosing spouse over FLR extension?

[Freeman78]

Hi . I have been through similar extension for my dependants. Can I suggest that you apply in person as it took me a whole day to convince visa officer that my dependent fall under old rules. They were initially going to refuse application for not meeting financial req but I had print out of rules handy and it took them few hours to double check with their seniors and to agree to what senior members are correctly advising
.

[Casa]

The FLR(M) is the same application for a spouse of a sponsor on ILR or with British citizenship.
KOLL = Knowledge of Life and Language in the UK. i.e Life in the UK teast + B1 level English

[Freeman78]

Also ensure that if you go for Flrm extensions it's issued under 284 for 2 years so when she applies for ilr she ll still fall under old rules

[Casa]

Hi . I have been through similar extension for my dependants. Can I suggest that you apply in person as it took me a whole day to convince visa officer that my dependent fall under old rules. They were initially going to refuse application for not meeting financial req but I had print out of rules handy and it took them few hours to double check with their seniors and to agree to what senior members are correctly advising
.

You were fortunate that there were senior level case workers willing and able to make a decision on your application on the same day. Many applications submitted in person which aren't straightforward are either refused, or are passed for further checks and no decided on the same day. Official guidance is to submit any application which needs further verification by post. Many PCSs only have junior case workers on duty.

[Freeman78]

Sorry not meant to write Koll. I meant the new financial req for Flrm . You are right as they lady who dealt with our case initially told me she was going to keep the case however she was the most senior officer at the Birmingham office and as soon as I mentioned 284 she agreed with in moments.. I did have to meet the maintenance requirement

[tier-1]

Hello All, many thanks for reply.

Can you please tell me the difference between old and new rules. Which year did the new rules come? That will give me idea to research on internet.

Thanks

[Freeman78]

Hi . I have been through similar extension for my dependants. Can I suggest that you apply in person as it took me a whole day to convince visa officer that my dependent fall under old rules. They were initially going to refuse application for not meeting financial req but I had print out of rules handy and it took them few hours to double check with their seniors and to agree to what senior members are correctly advising
.

You were fortunate that there were senior level case workers willing and able to make a decision on your application on the same day. Many applications submitted in person which aren't straightforward are either refused, or are passed for further checks and no decided on the same day. Official guidance is to submit any application which needs further verification by post. Many PCSs only have junior case workers on duty.

Vinny and other members agreed that I should apply in person. And the reason is very clear. Unless like postal application I had the opportunity to explain why we should be issued the extension and the fact that it should be for 2 years under 284 so the clock for ilr won't reset and I strongly belive that if we had.posted the application they would have refused it in worst case scenario or issued for further 3 years witch then resets the ilr clock

[Freeman78]

Hello All, many thanks for reply.

Can you please tell me the difference between old and new rules. Which year did the new rules come? That will give me idea to research on internet.

Thanks

APRIL 2014. Just go with what seniors advised you earlier
You don't have to master the rules !!

[Casa]

An FLR(M) extension is a spouse visa...no difference. You need to show income of at least £18,600 per annum. If you are able to meet this with your own earnings, your wife doesn't need to be employed.

[Obie]

An FLR(M) extension is a spouse visa...no difference. You need to show income of at least £18,600 per annum. If you are able to meet this with your own earnings, your wife doesn't need to be employed.

I believe from my reading of the case, that OP's wife may be able to seek an extension under 284, for that the income tbreshold does not apply, only sufficient income not to be a burden is applicable.

[Casa]

You're quite right Obie....I'd believed I'd removed my post within a few seconds...but obviously not!

[tier-1]

Will I have to pay health surcharge , even if I come under old rules?

[vinny]

Yes, unless applying for ILR.

[tier-1]

Thanks Vinny for reply. I have just printed the application form "FLR(M) version 04/2016".

She had originally got pbs dependent visa on 28-Jan-2013, came to UK on 28-Feb-2013 and then moved to ILR Dependent on 15-May-2013 by FLR.

So when will clock start for her ILR eligibility?