ILR for wife - 5 yrs route - new or exisitng service

[n8net]

hi all,

my wife like to apply for ILR (before her current PASSPORT expire within two weeks)

her timeline:
came to UK as Tier 1 dependent in Feb 2014 (I was Tier 1 that time)
extended visa as ILR dependent in 2016 (I applied to ILR that time)
extended again in Jan 2018 to SPOUSE visa (I was already BC that time) (also took her English)

so she meets 5 yr rule this Feb I assume.

I filled application online (SET 0) and now been prsented with two options.

new and exisitng service - what should I go for if I want decision quickly?
als no req of passport validity (ok to go for ILR of o nly 2 weeks remaining)?

just want to tap into the previous exp. for any1 gone either of this route..

[CULLINAN]

hi all,

my wife like to apply for ILR (before her current PASSPORT expire within two weeks)

her timeline:
came to UK as Tier 1 dependent in Feb 2014 (I was Tier 1 that time)
extended visa as ILR dependent in 2016 (I applied to ILR that time)
extended again in Jan 2018 to SPOUSE visa (I was already BC that time) (also took her English)

so she meets 5 yr rule this Feb I assume.

I filled application online (SET 0) and now been prsented with two options.

new and exisitng service - what should I go for if I want decision quickly?
als no req of passport validity (ok to go for ILR of o nly 2 weeks remaining)?

just want to tap into the previous exp. for any1 gone either of this route..

Wait for someone else to confirm this but as far as I know your wife does not qualify for ILR now since you changed her category after your ILR so her 5 year clock for ILR reset to zero then.

There is no thing like “ILR dependent”. She was on a PBS dependent visa initially. What visa did she switch to in 2016??

[CULLINAN]

indefinite-leave-to-remain/tier-2-pbs-d ... 23297.html

[Casa]

tier11417 is correct. If your wife applies for ILR now it will be refused and the application fee will be lost.

Your post in a previous thread stated that your wife extended her visa in 2015, not 2016

[n8net]

thanks.

yes typo applied in 2015 for FLR(M) when I applied for ILR
then applied for Spouse visa in 2018 (I was BC at that time)

so still not eligble? something changed? when she becomes eligble pls?

[Casa]

thanks.

yes typo applied in 2015 for FLR(M) when I applied for ILR
then applied for Spouse visa in 2018 (I was BC at that time)

so still not eligble? something changed? when she becomes eligble pls?

Still not eligible. 2020, no earlier than 28 days before reaching the 60 month qualifying period.

[n8net]

thanks..this stops me in the tracks.

I have filled the application online though..hope I can use it next yr.

so only option got me is to extend the passport as I cannot apply for her next yr without valid passport.?

also the decision I made in 2015, to go for FLR(M) instead of PBS Dep. is to blame for this ? cud it be different if PBS dep.?

also, the next stop for somebody in spouse visa as my wife currently is ONLY ILR? no direct BC?

[Casa]

Unless you applied for your own ILR under long residence, your wife could have continued on her PBS Dependant visa and qualified for ILR once she had completed the 5 year qualifying period under this category.

Your wife will need ILR before she is able to apply for British citizenship.

[CULLINAN]

thanks..this stops me in the tracks.

I have filled the application online though..hope I can use it next yr.

so only option got me is to extend the passport as I cannot apply for her next yr without valid passport.?

also the decision I made in 2015, to go for FLR(M) instead of PBS Dep. is to blame for this ? cud it be different if PBS dep.?

also, the next stop for somebody in spouse visa as my wife currently is ONLY ILR? no direct BC?

If you dont log back to your application account in 6 weeks, it will be lost or deleted. I dont think you can use that next year.

You need valid passport at the date of application.

Your wife needs ILR before BC. The only advantange is she can apply for BC right after ILR and dont have to wait 12 months on ILR as a spouse of BC.

Yes the decision in 2015 was wrong. She should have continued on a PBD dependent route and would then have qualified for ILR in 2019. But not now.

[CULLINAN]

.

[CR001]

I have filled the application online though..hope I can use it next yr.

No you cannot. You also need form SET(M) for ILR and NOT form SET(O).

so only option got me is to extend the passport as I cannot apply for her next yr without valid passport.?

Correct

also the decision I made in 2015, to go for FLR(M) instead of PBS Dep. is to blame for this ? cud it be different if PBS dep.?

Yes. If you got ILR based on PBS 5 years residence, she could have remained on PBS Dependent visa. But that ship has sailed now and her clock reset to zero in 2015.

also, the next stop for somebody in spouse visa as my wife currently is ONLY ILR? no direct BC?

She needs ILR before she can apply for BC. There is no shortcut.

[n8net]

thanks guys..i remmebr now.
FLR(M) or PBS was not taken lightly...think i was driven by 1k diff in fees

immigration-for-family-members/flr-m-or ... l#p1151263


also from PBS, she needed another extension to qualify for ILR anyway.

also turn out she nees Life in the UK test as well which might not happen before her passport expires.
on this, when filling the form, i notices it is exempted if u hv taken certain english tests..what kind f tests is that so that we can plan for next yr?

[CULLINAN]

thanks guys..i remmebr now.
FLR(M) or PBS was not taken lightly...think i was driven by 1k diff in fees

immigration-for-family-members/flr-m-or ... l#p1151263


also from PBS, she needed another extension to qualify for ILR anyway.

also turn out she nees Life in the UK test as well which might not happen before her passport expires.
on this, when filling the form, i notices it is exempted if u hv taken certain english tests..what kind f tests is that so that we can plan for next yr?

She needs to take Life in UK.
She needs Level English B1 or equivalent
Check the “prove your english” gov site.

[n8net]

ok thanks, but she took english exam from approved center in 2018 in the UK for spouse via.

i pressume that shud suffice for ILR next yr? also why wud the form mention "exception of LIFE in the UK tests for certain english tests" that is what I am confused abt.

[CULLINAN]

ok thanks, but she took english exam from approved center in 2018 in the UK for spouse via.

i pressume that shud suffice for ILR next yr? also why wud the form mention "exception of LIFE in the UK tests for certain english tests" that is what I am confused abt.

Check the gov website and you will find out. There is no exceptions to Life in UK related to any english tests. The exceptions are others e.g your over 65, below 18, refugee, etc etc etc

[n8net]

thanks again...do u know abt being able to use the same english test she took to meet SPOUSE visa to ILR.

I will check the gov for execption info

[CR001]

It wholly depends on what level of English test she did in 2018

[n8net]

dont remember precisely..whatever that was needed for the SPOUSE visa..what think A1 or something..I can find this out from the certificate.

what do u hv the exxact link where it says if this test x, no need for ILR etc..thanks

[Casa]

B1 level English is required for ILR

[n8net]

Happy New Year folks!

So, hope my wife is eligible for ILR this year, but I am confused as to from which date the 60 month period start
a) from the date application to FLR(M) was made in 2015 ?
or
b) from the date FLR(M) was granted.

also how can I find out what that date is easily - because since then she extended into spouse visa (the current visa) and we have not kept any records of the previous FLR(M) application.

[zimba]

It is from the date her visa was granted. Not even scan of her first BRP ? You need to figure this out to see when she will be eligible

[n8net]

thanks Zimba.

the BRP got renewed, so no longer had the original one.

However, with big of a digging in the archives, found some letters, and the original one was due to expire on the 28th Nov 2017. So going back 36 months, it must have been granted on the 28th May 2015.

Given this the earliest date she is eligible for ILR is 1st May 2020 ? (28 days before the expire of 5 yrs) and then I can send an application by post on the 1st for her ILR?

[CR001]

thanks Zimba.

the BRP got renewed, so no longer had the original one.

However, with big of a digging in the archives, found some letters, and the original one was due to expire on the 28th Nov 2017. So going back 36 months, it must have been granted on the 28th May 2015.

Given this the earliest date she is eligible for ILR is 1st May 2020 ? (28 days before the expire of 5 yrs) and then I can send an application by post on the 1st for her ILR?

It is initially a 33 months visa if applied for abroad NOT 36 months!

If a switch to spouse visa was applied for within the UK, then it is a 30 month visa.

[n8net]

yes. applied within the UK, and the 30 month adds up between Nov 2017 and May 2015.

so, I believe she becomes eligible for ILR 28 days before the 5 year expiry of the original in-country spouse visa, which is April 2020?

and is the req. still Life in the UK , English + cohabitation docs?

[n8net]

any1 please confirm my understanding is correct as above?