FLR(M)/Tier 1 Depenadent Visa for spouse of ILR

gyesk49 · Post by **gyesk49** » Sun Aug 31, 2014 12:26 pm

Hi Gurus,

Looking for some advise on dependent visa.
My wife joined me in UK as a Tier 1 dependent in May 2013 and her visa is due for renewal in mid November 2014.
I have got my ILR (via Tier 1 G) last month.

Question -1
I wanted to check if my wife can apply for FLR(M) instead of Tier1 dependent extension? The below para is confusing me...
On the FLR(M) visa guidance notes, there is a note saying that
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.

Question -2
Assuming she applies for FLR(M)
For her english language requirement - Would the UK NARIC letter for the degree comparability + medium of Instruction be sufficient?

Question -3
Assuming she applies for FLR(M) & is apporved... (being very optimistic)
When will she be able to apply for ILR? (I will apply for British passport next September)

Any help on the above questions is much appreciated!

Best Regards
Suresh

Amber · Post by **Amber** » Sun Aug 31, 2014 12:34 pm

If she switches to FLR(M) the 5 year period will restart.

gyesk49 · Post by **gyesk49** » Sun Aug 31, 2014 12:42 pm

Hi Amber,
Thanks for the prompt reply.

1) So, I take it as she can apply for FLR(M)?
2) Would there be any change in her 5 year period if I get my red passport next year?

Amber · Post by **Amber** » Sun Aug 31, 2014 8:55 pm

Yes, she may switch and that would be a new 5 year route to settlement, irrespective of whether you're British or settled.

gyesk49 · Post by **gyesk49** » Mon Sep 01, 2014 9:53 am

Hi Amber,

Thanks again for your help and sharing your knowledge. Much appreciated!
I want to apply for FLR(M) for my wife mainly because my wife has been in the UK for 1.5 years (till date) and even if I apply for her Tier 1 dependent visa extension now she won't be eligible for ILR directly (assuming she will be granted a 3 year visa extension) unless she gets another extension to meet 5 year continuous stay to be eligible for ILR.

I am just exploring the other options to save some money and probably reducing this hassle by switching into FLR(M).
I believe for the initial FLR(M) application a visa will be granted which will be valid for 2.5 years? What then? Should I apply for another extension again until she will be eligible for ILR?

I know this conversation is prolonging but I think our conversation might help few other guys who are in the same boat as me.

Thanks in advance for your help.

Obie · Post by **Obie** » Mon Sep 01, 2014 10:39 am

I think you seem to be prolonging this discussion needlessly.

Amber has advised that she stay on the PBS dependent , get another extension, and apply for ILR in 2018 under the PBS provision, as you acquired ILR through the PBS, and you are a British Citizen, who had acquired settled status through the PBS.

Now you are seeking to apply for FLR(M), for reasons which are unclear to me, which will result in your wife being eligible for ILR in 2019. That make absolutely no sense.

The best option is for her to stick to PBS dependent and apply for settlement in 2018, and once settled your British Citizen will contribute immensely to when she qualifies for Naturalisation, but for now, it makes no difference.

iworker · Post by **iworker** » Mon Sep 01, 2014 11:49 am

I think the OP is thinking on the lines that if hey extend the the Tier 1 General dependent now, and get 3 year extension, they will still need another to complete 5 years on dependent before applying ILR.
The fee for applying tier 1 general dependent is £1607 while the FLR(M) is about £600.
So although changing to FLR(M) route, it will take the OP's dependent 1.5 years more to settle, it might (if the fees remain or increase similarly) save them money.
So yes the OP can go on this line should he wish so.

Obie · Post by **Obie** » Mon Sep 01, 2014 11:59 am

Well he can avoid that by making a postal application, and then varying the next application to ILR whiles it is been processed.

But if OP is not mindful of the time, he is perfectly entitled to do that.

There is no guarantee that the fees for FLR(M) would not have gone up by them.

I believe she can gain a lot more in 18 months from certain benefit entitlement and citizenship, than she will if she went to FLR(M).

But it is entirely up to OP.

imi99999 · Post by **imi99999** » Tue Sep 02, 2014 9:37 am

Hi nice people I got few questions
I am on tier 1 general and been in uk since 26 mar 2005 (student) and long residency will achieve in mar 2015, although my tier 1 general ilr due in July 2015 but I don't want to persuade that for x.y.z reasons also as SHAH GEE QUOTED " A bird in hand is better than two in bushes"
Now my case is straight forward with no break.
My wife and two daughters aged 10 and 11 now from Pakistan arrived as my dependant in nov 2006. Now what option should I have other than
Apply their flr(m) and wait till nov 2016 when their 10 year long residency will be completed.
Any other option?
In above option got two questions
1. My wife was absent from uk in 2007 for 4 months and 10 days, will that break continuous residency?
Life in uk book quotes
" if you are applying ILR and you have absence totalling more than180 days during any consecutive 12 month period during your residency period, you may have your application refused. YOUR RESIDENCY WILL ALSO BE CONSIDERED BROKEN IF YOU ARE AWAY FROM UK FOR MORE THAN 90 DAYS IN ONE GO"

2. Although we lived together ever but my wife only have her bank registered on the address nothing else or may be her GP address, although I have just made her my joint account holder on bank,council tax, gas and electricity and water but It is just recent which would not cover period of 2 years, any suggestion ?

3. My wife will also be completing her 5 years on PBS dependant in July 2015. So can she apply on that bases for ilr if I vary my app to long residancy

4. What if I go for tier 1 gen ilr and God forbid get refusal, can I apply for long residancy ilr?

Thank you for replying

gyesk49 · Post by **gyesk49** » Tue Sep 02, 2014 12:20 pm

Hi Amber, Obie, iworker,

Thanks for your valuable suggestions.

I have phoned UKBA just to take their opinion and for my surprise they say that PBS dependent stay will be carried forward if the dependent switches to FLR(M) from a PBS dependent....

I was searching online to see if this is true and found this email conversation between UKBA and an applicant inquiring about the same and UKBA confirm that PBS dependent stay will be carried forward if they switch to FLR(M)....
"[b][u]https://www.whatdotheyknow.com/re ... _2[/u][/b]"

Just wanted to get your second opinion on this please...

Obie · Post by **Obie** » Tue Sep 02, 2014 12:33 pm

Will that is correct for applicant who applied under 284i before it was withdrawn. This allows in 287A(i) (d) for the time under PBS to be amalgamated with the FLR(M).

Appendix FM does not permit this.

The adviser who advised you probably does not have a clear view of your personal circumstance, or confused.

I can assure you that his/her advise is not in accordance with the law, or the provision under appendix FM for settlement.

m8madhav · Post by **m8madhav** » Fri May 29, 2015 12:25 pm

gyesk49 wrote:Hi Gurus,

Looking for some advise on dependent visa.
My wife joined me in UK as a Tier 1 dependent in May 2013 and her visa is due for renewal in mid November 2014.
I have got my ILR (via Tier 1 G) last month.

Question -1
I wanted to check if my wife can apply for FLR(M) instead of Tier1 dependent extension? The below para is confusing me...
On the FLR(M) visa guidance notes, there is a note saying that
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.

Question -2
Assuming she applies for FLR(M)
For her english language requirement - Would the UK NARIC letter for the degree comparability + medium of Instruction be sufficient?

Question -3
Assuming she applies for FLR(M) & is apporved... (being very optimistic)
When will she be able to apply for ILR? (I will apply for British passport next September)

Any help on the above questions is much appreciated!

Best Regards
Suresh

Hi Suresh,

My wife is also in same situation. She came to UK on 2100 August and due to pregnancy she went back to india on 2012 Jan and her visa expired in 2012 August , again we applied for visa on 2013 june and she got entry clearance and she came back to UK all most 2 years compleating now. My doubt is will she eligible for ILR along with me because her first entry to UK is 2011 which she actually falls under 2 year rule before 9th july-2012.incase if she is not eiligible then only the way is i should apply FLR(M) for her. but here again i am not sure if i apply FLR all these 3 years time may reset to starting from zero now.

If it happens in worst case my daughter as well need to wait another 5 years.

I am going to become a citizen in next year. Is there any possibility for me to apply citizenship for my daughter?

Thanks
Madhava
Moderator Edit : Contact Details Removed

vinny · Post by **vinny** » Sat May 30, 2015 12:55 am

m8madhav wrote:Hi Amber,

It is really nice to your posts on this bolgs and it is really much helpfull for the immigrants who is looking for some sort of soultions like this.

My name is Madhava Lekkala, am going for ILR in next month(june 2015) , my wife came to this country in Aust 2011 as my tier1 dependent and she went back to my home country India due to her pregnancy on 2012 Janury. during her stay in india her VISA was expired and we applied for new entry from india on Septemeber 2013 and she got VISA again she came to UK to accompany me on sepetember-2013.This is the history.

Now i have following questions: Can you please help me if you know answers to the below questions.

1.As my wife enter into as First entry clearance on 2011 will she fall into 2 years of prohibition period?If not ? why ? because I have followed up UKBA immigration rules documents in gov.uk site and there are is no rule specified that if Tier 1 partner hass a gap in her stay or applied for 2 entry clearances then they will take the latest entry clearance as their reference point to put new rules to applicant.

I have seen only the rule that if partner enter into this country before 9th july-2012 the she will fall under 2 years prohibition period. and If partner on after 2012 9th july then 5 years , but nowhere specified that if partner enter into this country before 2012 and partner went back to home country and again if parter had new EC on after 2012 july then she/he might not eleigible-this rule i haven't seen. But in your blogs as you have specified this? If you know what section states this rule can you please provide me the link?

2. In worst scenario if my partner is not eligible then what is the best solution will you provide me? because my partner has Valid dependednt VISA until 2017 April-01. Me i am going for ILR next month. Once i get my ILR will my partner VISA void? or it will be continued?

3.If my partner VISA is valid unti 2017 April- then my partner will complete only 4 years of her stay here still she need to complete one more year as per new rules. So, how can i apply for her one more year stay? Do you recommend me to gor FLR(M)?

4.As you spcpefied If partner apply for FLR(M) then his/her previous stay will be void and it will start from ZERO which mean again my partner need to stay another 5 more years to apply for her ILR? If this rule is correct then i didn't see any section for this rule, will you help in providing link for this rule.

in transition rules i have seen Section 319(C)(iii) (1)(2) says that if main applicant is british citizen or settller then if partner is not eligible for ILR then he/she can go for FLR(M) but no where specified that his/her previous stay can carry forward for ILR or the clock will reset to ZERO. If you have a link can you please pvovide me the link where it shows that particular rule?

5.If i get my citizenship next year will i be able to apply for citizenship to my daughters as per new rules or will i need to wait until my wife get ILR? to apply citizenship for childrens will both parents should be citizens?

Thanks
Madhava

vinny · Post by **vinny** » Sat May 30, 2015 12:56 am

Her continuous leave was apparently broken broken between August 2012 and June 2013.

If you are granted ILR as a PBS migrant, then she may extend as a PBS dependant shorty prior to expiry of leave. Her 5 year qualifying period for SET(O) as a PBS dependant started when she initially entered on her 2013 entry clearance.

Daughter will be eligible for ILR at the same time as mother under 319J.

If they switch to FLR(M), then their qualifying period for SET(M) will be reset.

Daughter without ILR may be refused citizenship.

m8madhav · Post by **m8madhav** » Sun May 31, 2015 10:59 pm

Hi Vinnay,

Thanks for your prompt reply, it is really helpful. But the links you are provided are general discssuion links, but the one i am expecting is from ukba site official link where it can show that FLR(M) reset the PBS dependent previous stay period.

I am searching for such kind of rule hardly i didnt get any where in their immigration rules section.Can you please provide me if there is any official link for the clock rest option switching from pbs dependent to FLR(M)? i have enquired with immigration lawers as they said this is false information FLR(M) wont reset the clock and the period which parter stayed will be count along witn FLR(M) period.

I am not sure which one is right and i am really in big confusion now.

Thanks
Madhava

vinny · Post by **vinny** » Sun May 31, 2015 11:33 pm

vinny wrote:There are no provisions to amalgamate leave under a different category in E-ILRP.1.3. So, their qualifying period (under FLR(M)) for SET(M) may be reset.

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