Visa application for ILR dependent

Hi,

My wife is currently in UK with Tier 2 ICT dependent visa (Expiring Aug 2013), she is in UK since Dec 2011 with the same visa. She is not working at the moment and she is not a doctor or dentist

I have got my ILR approved Oct 2012 (Previously Tier 2 ICT long term visa)

I need help to understand below.

1. What visa should i apply for her FLR m or any other category?

2. Is she eligible for ILR on Dec 2013?

3. If i transfer her from Tier 2 ICT dependent to FLRm is she still eligible for ILR from Dec 2013


Can anyone please help.

See also Dependants of ILR (economic, 5 year route) applicants

HI Vinny,

Thanks for the posting, i am still not able to figure out the appropriate answers for my queries.

Could you please help me with my questions

Can anyone help me on this.

Thanks,
Anthony

See also Got ILR - Should Wife go for FLR (M) or SET (M).

Hi,

If i extend my wife stay with FLR M application will she be eligible for ILR after 2 years. below will be her Visa status by end of December

Dec 2011 to Aug 2013 - > Tier 2 ICT dependent

Aug 2013 to Dec 2013 (This is end of 2 years) --> FLRm.

Can i apply ILR for her after Dec 2013 as she would cross 2 years in UK at that time.

Should be possible. However, is there any reason for your continued preference for FLR(M) over PBS dependant?

Thanks Vinny,

I don't have any preferences on FLR M as such. I would prefer to extend her current PBS, it will be helpful if someone help me with below

1. She got her PBS dependent on Dec 2011, I switched to ILR on OCT 2012. what are the documents i should show to get her PBS dependent visa extended

2. How would UKBA verify my Tier2 ICT visa. I do have the photo copy of previous biometric, would that be enough?

When she applied for her initial Tier 2 ICT dependent visa i was asked to provide my biometric card copy, at the moment i am worried if i will be asked for my biometric copy but if they verify they might come to know that i have moved to ILR

Can you please help

Antolarain1981 wrote:if they verify they might come to know that i have moved to ILR

It's acceptable.

Thanks Vinny,

That was really helpful. I will apply to extend her Tier 2 ICT dependent as it is acceptable

Sorry, One final question..

I went through the PBS dependent extension form (http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/pbs/pbsdependantapplication1.pdf) page 28

I section M the details asked is as below

M5; Under which category of the Points Based System has the main applicant applied?
Tier 1 (General) - go to M6
Tier 1 (Entrepreneurs) - go to M7
Tier 1 (Graduate Entrepreneur) - go to M10
Tier 1 (Exceptional Talent) - go to Section N
Tier 1 (Investors) - go to Section N
Tier 1 (Post Study Work) - go to M7
Tier 2 (General) - go to M3
Tier 2 (Intra Company Transfers) - go to M3
Tier 2 (Minister of Religion) - go to M3
Tier 2 (Sportsperson) - go to M3
Tier 5 (Temporary Worker) - All categories - go to Section M11

The only applicable option is "Tier 2 (Intra Company Transfers)", is this accepted as i am in ILR at the moment.

what option should i choose to avoid confusion

Can anyone please help me on this

Hi,

Need help to understand the visa application for the spouse of British citizen (through Naturalization)

Below is my immigration history

2007 - 2012 - Tier 2 ICT Long term (5 Years)
2012 - 2013 - ILR(1 year)
Nov 2013 - till date - British Citizenship

Spouse details

Dec 2011 - till date - Tier 2 ICT dependant Visa (Expiring OCT 2016)

She has completed her 2 years in UK (2.5 yrs from the date of entry), what application should i prepare for her ILR. SET O or SET M or FLR M ?

Would it be possible to apply citizenship for her without making a ILR application (want to check as it is cost effective for me) ?

If i can make ILR application next month can i straight away apply for Naturalization once her ILR is granted?

Thanks for your help

- Anthony

Hi,

I have just returned back from my vacation to india, I need some help as the immigration officer (Gatwick Airport) has allowed my wife into UK with a warning, he asked me to change my wife'S visa status as FLR M immediately. he also mentioned that he has taken a note and will make sure that officers visit me frequently to check my wife's visa status.

Background

Myself and my kid (8 months old) have British passport since April 2014

Got ILR on Oct 2012 (From Tier 2 ICT Long term visa) and then applied for naturalization on OCT 2013

My wife came to UK with dependent visa on Dec 2011, i applied for her Tier 2 ICT dependent visa extension on June 2013 (I was having ILR at that time). Her extension was given until June 2016.

Question from Immigration officer
1. She is not having a valid visa as my Tier 2 ICT has expired already
2. since she is not in a valid visa she should move to FLR M immediately

I am confused because her extension was given based on my ILR visa and i am under impression that i can wait until 2016 to apply for ILR for my wife

Please help me understand below
1. Is the Immigration officer right in asking to apply for FLR M for my wife
2. previously i have gone for a vacation with her tier 2 extension and myself with ILR, no one raised any questions?
3. If i change her status to FLR M will she break her current cycle (She is eligible to get ILR after 2 yrs instead of 5 yrs based on rule change in 2012)?

Any answer will help me to move forward with her application

Thanks,
Anthony

1. I believe that the Immigration Officer was incorrect.
2. The previous Immigration Officer was better trained.
3. Switching to FLR(M) would reset her qualifying period to 5 years for SET(M).

Write to the UKVI to get her warning nullified.

I agree, a complaint is in order.

Thanks Vinny and Amber.

Your answer is reassuring, I had the same question to the immigration officer when my wife was stopped.

I said that her tier 2 dependent extension was made with reference to the ILR i had at that point and the case worker didn't even raise any question. if she cannot travel she should be given the extension in first place.

He said that he is not willing to argue on this as there is no sufficient notes in her Tier to extn application which he can check and recommended FLR M. I asked him multiple times whether this will reset her clock but he couldn't answer.

I checked the site, the site doesn't have an email id. I can find a link to complain, is it ok to do a complaint instead of an email elaborating the circumstance?

Thanks,
Anthony

Hi,

I need help from moderators on the issue i am facing.

I am a British Citizen since Oct 2013 (Tier 2 ICT from 2007 - 2012, ILR Oct 2012 - 2013).

My wife came to UK, Dec 2011 as Tier 2 ICT dependent(which was valid until 2013 August), I extended her Tier 2 ICT dependent visa until July 2016 (5 months short of December 2016, which is 5 years completion for her)

we have a Kid who is 1 year old and he is with British Passport

Can you please help me with below question

1. When can she apply for ILR? she is 5 months short of her 5 year completion in July 2016, how does immigration team consider this period?
2. To avoid hassle can i apply FLRm for her? I know it will reset her clock again and cost me more
3. What is the earliest period i can apply ILR for her?
4. Since my kid is british, can i consider some other route to get ILR/British Citizenship for her?

During my previous vacation (I was travelling with British Passport and my wife with Tier 2 ICT Dependent Extn), immigration officer claimed that she should not be travelling with her Tier 2 ICT visa and asked me to apply FLR M visa for her as soon as possible. I am confused because her extension was given based on my ILR visa and i am under impression that i can wait until 2016 to apply for ILR for my wife

I have raised a complained to UKBA, they came back to me requesting a copy of my wifes visa and passport (on September 2013) which i have sent them very next day. its been 4 months now but there is no response from UKBA. I have to plan for my holiday but worried whether she will be blocked again. How can i get traction from UKBA to address my issue, any thoughts?

Thanks,
Anthony

As she applied for a Tier 2 dependant visa prior to 9th July 2012, she is eligible for SET(O) after completing 2 years in the UK. So, she may apply for SET(O) now, subject to the requirements of 319E.

Sorry that I forgot to say this previously.

A bit of a shame. It appears that she qualified since December 2013 for ILR Set O.

If she meets all the requirement as Vinny stated, you could apply for British Citizenship on acquiring ILR, if that is the ultimate goal.

Thanks Vinny/Okie,

At the moment she is in Tier 2 ICT dependant since 2011 Dec, I am a British citizen where my previous status is Tier2 ICT.

She has completed 3 yrs in UK with 2 vacations in between (1st vacation for 3 weeks during 2012/2013 and the 2nd one during 2014 for 2.5 months)

I have her name in all of my utility bills and house agreement.

I have ready the clause for 319 E which speaks about ILR requirements alone but does not speak about what other things required to get ilr.

I have already asked her to do her life in UK and eventually make set m application around feb

Is it set o or set m?

Thanks Vinny/Okie,

At the moment she is in Tier 2 ICT dependant since 2011 Dec, I am a British citizen where my previous status is Tier2 ICT.

She has completed 3 yrs in UK with 2 vacations in between (1st vacation for 3 weeks during 2012/2013 and the 2nd one during 2014 for 2.5 months)

I have her name in all of my utility bills and house agreement.

I have ready the clause for 319 E which speaks about ILR requirements alone but does not speak about what other things required to get ilr.

I have already asked her to do her life in UK and eventually make set m application around feb

Is it set o or set m?

vinny wrote:As she applied for a Tier 2 dependant visa prior to 9th July 2012, she is eligible for SET(O) after completing 2 years in the UK. So, she may apply for SET(O) now, subject to the requirements of 319E.

Sorry that I forgot to say this previously.

Use SET(O). However, see also form SET(M) for what's expected of cohabitation documents.

It will be SET O. As vinny stated, you can use SET (M) as a guide to documents that you ought to provide to evidence cohabitation.