Entry Clearance confusion to apply Wife ILR Urgent Help

Hi Can some one help on my query please.
I was on Tier 1 General Visa and became PR holder last week.

Wife First entry to UK : 9th Sept 2011
Date Left UK: 11 Feb 2012 (Maternity and medical issues)
Visa Expired: 19 March 2012
Second entry clearance: April 2013, entered UK in May 2013 , from then she is living with me in UK .

Will she eligible for ILR based on old rules as she first came to UK in 2011 , or does she needs to wait for 5 years as she came again on new entry clearance in 2013?

Hi Experts, could some one help me please.

Thanks

She'll have to wait 5 years if her leave expired.

Thanks Amber for the reply,

In that case will my son eligible to apply for ILR, or both parents should be in ILR?
My Son came to UK on Tier1 child dependent in 2013.

Thanks

Was your son born in the UK? If not, as the child was not the child of a Relevant Points Based System Migrant under
the Rules in place before 9 July 2012 the child will have to wait until other parent settles.

Hi Amber,

Sorry for hijacking this thread. I am in similar situation. Just wanted to get the clarification in the same context.

My ILR is due this July and my wife has applied for EC second time in June, 2013 (she stayed with me before for two years from Sep-2010 to August-2012 as PBS dependant and went to India due to pregnancy. Her visa expired while she was in India in March-2013). As per your comments above, my wife's clock has been reset and she needs to spend another 5 years.

But, you have also mentioned that child born outside UK can be included with the main applicant's application even though spouse is not eligible. As per Q34 of FAQs, if the leave has been granted as PBS dependant after 09-Jul-12, child has to wait for the spouse to become eligible for ILR.

Could you please clarify if I misunderstood this thread or the FAQs. It would help me in sorting out my daughter's ILR along with me.

Thanks in advance.

Unfortunately your child will have to wait, as your child was not the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012

Hi Amber,

Sorry to ask more question on the same thread.
what happens if my Wife Visa status is similar and as follows,
1. First she came to UK as dependent(PBS) on July 2010 and left on August 2011
2. Her first Entry Clearance visa expired on 30 June 2012, but applied her second entry clearance before the visa expiry 30 June 2012 ( from India) and got visa approved on 19 July 2012 and came to UK on August 2012.
Whether she would be need to wait for 2 or 5 year before applying ILR.

Regards

Sivaraj

As her leave expired, the 5 year route.

Hi Amber,

Just clarify,

As we have applied before my wife's entry clearance expired on 30 June 2012.
So don't we applicable for 2 year route.

Regards

Sivaraj

She applied for new EC not FLR. Did you settle under long residence or as a PBS applicant?

transitional provisions wrote:A person who was granted entry clearance or leave to remain previously under Part 8 and has been living outside of the UK, during which time their leave under Part 8 has expired, cannot benefit from the transitional provisions. Transitional provisions are to allow a person already granted leave and living in the UK to continue their route to settlement. If a person is not in the UK and they do not have an outstanding application that was submitted before 9 July 2012, they cannot apply under Part 8 of the Immigration Rules. They must apply under Appendix FM.

HI Amber,

I am under Tier 1 General (PBS) visa and i am applying for ILR in June, i don't have any issue.
My wife Visa status as follows,
1. First she came to UK as dependent (PBS) on July 2010 (entry clearance valid till 30 June 2012 ) and left to India on August 2011
2. We applied for her second Entry Clearance visa before her first entry clearance expire (30 June 2012 ) and second Entry Clearance got stamped on 12 July 2012 (Valid from) and came to UK on August 2012.

My question is as we applied the second entry clearance before 30 June 2012, don't my wife come under 2 year ILR rule.

Regards

Sivaraj

HI,

Could anyone please help.

Regards

Sivaraj

The transitional provisions indicate that it is when PBS dep leave is granted not applied for is the relevant date. You could argue that's unfair as it's contrary to those who applied for spouse leave to enter.

HI Amber,

Applicants granted or who applied for leave under the Rules before 9
July 2012

A person who meets the following criteria, in one of the categories
specified below, will remain subject to the Immigration Rules in force as at
8 July 2012 until settlement (the grant of indefinite leave to remain) even
where the application is granted on or after 9 July 2012:

(i) to a person who made an application before 9 July 2012 under Part 8 of
the Immigration Rules which was not decided by 9 July 2012; and

Transitional Provisions says application granted or applied applied before 9 July.
So i am getting confused as you said only granted before 9 July.
Is there is any other document says that only granted before 9th July.

Regards

Siva

I think it states (for PBS deps):

3.2 wrote: Applicants granted leave to enter or remain as a PBS dependant
before 9 July 2012

245AAA. General requirements for indefinite leave to remain
For the purposes of references in this Part to requirements for indefinite leave to remain, except for those in paragraphs 245BF, 245DF and 245EF:
(a) "continuous period of 5 years lawfully in the UK" means, subject to paragraphs 245CD, 245GF and 245HF, residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:
(i) the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 month periods preceding the date of the application for leave to remain;

(ii) the applicant has existing limited leave to enter or remain upon their departure and return except that where that leave expired no more than 28 days prior to a further application for entry clearance, that period and any period pending the determination of an application made within that 28 day period shall be disregarded; and

(iii) the applicant has any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period disregarded

(b) Except for periods when the applicant had leave as a Tier 1 (General) Migrant, a Tier 1 (Investor) Migrant, a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Exceptional Talent) Migrant, a highly skilled migrant, a Businessperson, an Innovator, an Investor, a self-employed lawyer or a writer, composer or artist, the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship, work permit or in the employment for which they were given leave to enter or remain, except that any breaks in employment in which they applied for leave as a Tier 2 Migrant, or, under Tier 5 Temporary Worker (International Agreement) Migrant as a private servant in a diplomatic household, where in the latter case they applied to enter the UK before 6 April 2012, to work for a new employer shall be disregarded, provided this is within 60 days of the end of their employment with their previous employer or Sponsor.

(c) Except for periods where the applicant had leave as a Tier 1(Investor) Migrant, a Tier 1(Entrepreneur) Migrant, a Tier 1(Exceptional Talent) Migrant or a highly skilled migrant, any absences from the UK during the five years must have been for a purpose that is consistent with the applicant's basis of stay here, including paid annual leave, or for serious or compelling reasons.

Hi susan0x,

So you are saying, my case should be fine as my wife got the applied for the second entry clearance before the first one expires.

Regards

Siva

Susan0x this post relates to a PBS dep applicant and the transitional provisions!

Hi All,
On a similar note, I would be very garteful for any help/advise.
My current Tier 1(General) visa and my wife's Tier 1(General) Dependent Visa (Granted in December 2012 in India) expires on the same day in June 2014. We are both in the UK and will be making applications at the same time.

Whilst I am applying for an ILR (using form SET(O)), I am assumng that my wife will need to apply for an extension of stay on the 5 year route, and therefore need to apply using form FLR(M).

The confusion I have is that the guidance note on FLR(M) states:
You must not use this form to make an application for an extension of stay in the following categories:
As the partner of a person granted indefinite leave to remain in a work route, if you are currently in the UK as their dependant.

Since my immigration status, while my application is being determined, remains as a Tier 1 (General) migrant, does this invalidate my wife's application, on the ground that the main applicant has not yet been grated ILR.

Any advise would be very helpful and highly apprecuated. Thanks in advance!
Kind Regards,
Yogesh

Amber_ wrote:Susan0x this post relates to a PBS dep applicant and the transitional provisions!

@Amber, its not been specified here in this rule, its for main or dependent rules.... could you please clear my doubt too

yogeshvaman, your spouse needs to extend as a PBS dep not on FLR(M).

susan0x, what is your question?

Hi Amber,
Thanks very much for your response! You saved me from going in the wrong direction! I have a further query in relation to the PBS application form and would highly appreciate your response-
Ref: Page 28:
M2; Under which category of the Points Based System is the main applicant applying?

This lists all the Tier 1 categories, however, I am applying for an ILR having completed my qualifying period. How do I respond to this question as there is no option on the form for this?

Kind regards,

Tier 1(General) and put in brackets ILR.