What visa to apply and which application form to use ?

[ILR1980]

Hi There,

Husband (main applicant) is on tier 1( General) but applying for ILR based on 10 years long residence just before his visa expire. Wife is on dependet tier 1 visa and her visa is getting expire on same date as husabnd . What Visa wife should apply when Husband switch to ILR(long residence). I have searched it but cannot find any specific form for those dependant partner who are waiting for the outcome of ILR application of their husband. My understanding is she cannot apply for FLR(M) as her husband has not obtained ILR yet so application could be returned as invalid with no right of appeal.

FLR(O) has been replaced by FLR(IR) and FLR(HRC) so i dont know if FLR(IR) or FLR(FP) is the right form to use?

your help will be appreciated

Thanks

[CR001]

She should apply on FLR(M) with a note that husband is applying for ILR based on long residence. If husband applies in person, she can also apply in person on the same day. If his application is put on hold, her application will be put on hold.

Pity she will lose all her time on Tier 1 G dependent if been here for a few years.

[ILR1980]

She should apply on FLR(M) with a note that husband is applying for ILR based on long residence. If husband applies in person, she can also apply in person on the same day. If his application is put on hold, her application will be put on hold.

Pity she will lose all her time on Tier 1 G dependent if been here for a few years.

Thank you CR001 for your reply. Appreciate it

Main applicant is applying for ILR(LR) by post. I am confuse what options she will have if her FLR(M) returned as invalid just after expiry date of her current leave. Invalid because FLR(M) is form to use when your partner already hold settled status . So if her FLR(M) application returned as invalid then she would become overstayed as invalid application treated as if application never been made and it dont extend 3c

I was searching on this forum and found this guide where Obie advised to use FLR(FP) in such scenario. What are your thoughts after reading these posts?

http://www.immigrationboards.com/immigr ... 43881.html

http://www.immigrationboards.com/immigr ... l#p1130407

[CR001]

You can both apply together and ask for FLR(M) to be held until your ILR is decided IF you are applying by post.

If you apply in person, you can both apply on the same day with different appointments.

Why are you not applying for ILR based on Tier 1 General?

[ILR1980]

You can both apply together and ask for FLR(M) to be held until your ILR is decided IF you are applying by post.

If you apply in person, you can both apply on the same day with different appointments.

Why are you not applying for ILR based on Tier 1 General?

I am seeking advice on behalf of my brother and his immigration history is bit complicated . He already been refused ILR(LR) year ago on same day appointment because of some tax irregularities but he was wrongly accused of deception charges previously and had no right of work and then he went for appeal and won it .

Now he has made some tax amendment and is applying for ILR(LR) again but by post. You dont get any in country appeal right if your application for ILR based on tier get refused so ILR(LR) is bit safer option

[CR001]

Exactly the same checks will be done when he applies again.

If his ILR fails, FLR(M) or FLR(FP) will also fail.

[ILR1980]

Exactly the same checks will be done when he applies again.

If his ILR fails, FLR(M) or FLR(FP) will also fail.

yes you are right. He has tried to rectified those refusal grounds this time but even if they refuse it again they will give him right of appeal in here

confusion is to use the correct form for wife to extend her leave while she wait for outcome of her partner ILR application so that she dont lose her right of appeal within country along with main partner..say she go for FLR(M) just before her current leave expire and then they return it as invalid application after her leave expire ..they also have one 2 and hlaf year old child who was born in uk

[CR001]

It is unlikely to be returned as 'invalid' if she links it and explains about the ILR LR application. HO usually hold the FLR(M) and decide it once partner ILR is granted (if granted).

If FLR(M) is refused due to ILR being refused, she will likely have no right of appeal.

[ILR1980]

It is unlikely to be returned as 'invalid' if she links it and explains about the ILR LR application. HO usually hold the FLR(M) and decide it once partner ILR is granted (if granted).

If FLR(M) is refused due to ILR being refused, she will likely have no right of appeal.

so that mean If husband go for appeal after refusal of ILR(LR) then wife and kid will have no right to be with him in uk while he wait for outcome of his pending appeal which take 12 to 18 months

[ILR1980]

I have called UkVi three times and three person gave three different and conflicting answers which gave impression as if they are also not sure which is the correct form for her..some said FLR M and others said she cannot apply for FLRM which will be invalid

[CR001]

FLR(M) is the CORRECT form whether applying together or FLR(M) after ILR. FLR(FP) is far more likely to be refused or rejected.

HO helpline (which is a third party) is well known for giving out incorrect advice and take no responsibility for it.