PBS Dep to FLR(M) in 2013 - Set(M) or FLR(M) Ext - please he

Hi,

Could anyone please advise us to know what visa application my spouse need to use to apply to remain in the UK given that I have read through your answers to similar questions in this post. I am making this request in response to the answer I received after contacting the HO in order to get clarity on this matter?

My wife was issued her first visa under Tier 1 dependant visa in June 2012 i.e. before the new rules was introduced in 9th of July 2012. I was on Tier 1 visa at the time and was qualified to apply for ILR in June 2013 which i did but my spouse wasn't and an application to extend her visa using FLR (M) form was granted for a spouse visa in September 2013 for 2.5 years .

However, I am now a British citizen since my naturalisation was approved in September 2014. I am currently claiming Child benefit, Housing Benefit, Working & Child Tax Credit and would like to know if these benefits will affect her application for ILR if applicable or FLR (M). My wife is on maternity leave at the moment and claiming maternity allowance and I am currently doing a part time job.

I have recently contacted the HO and I was being informed that my spouse will have to apply to extend her current visa i.e. FLR (M) for another 2.5 years as her clock as reset to a 5-year route since she has switch into FLR(M) instead of the initial 2-year route requirement.

My wife's FLR (M) is due to expire in March 2016 and we will really appreciate if you could advise us on this matter.

Many thanks
Frank

If you are claiming child benefit in YOUR name only - no issue.

Tax credits MUST be claimed in JOINT names with your spouse.

Housing benefit should be awarded to you as single person plus child and your wife should not be included in the calculation.

Regarding your other questions, I am not sure if she is covered by the Transitional provisions, I think not.

She could have remained on PBS dependent visa, there was no need to switch to FLR(M), but done now. Perhaps Sushdmehta or Vinny could advise if she will qualify for ILR under the provisions or if she is on the 5 year route to ILR via FLR(M).

Thanks for the prompt response CR001. Child benefit is in my name and Tax credit is in joint names.

I am the claimant on Housing benefit and my wife's earning was considered on the calculation for my household earnings on the HB application.

Will HB be an issue?

Thanks

Frank

If they had correctly granted FLR(M) for a period of twenty four months, then there would have been no doubt that she qualifies for SET(M) now. Unfortunately, they incorrectly granted her FLR(M) for thirty months, which may complicate matters for some caseworkers who may be unfamiliar with the rules.

Hi,

Thanks for your prompt reply. I was able to get the letter sent to her after the successful FLR (M) application in 2013. It states that she can apply for ILR after 2 years of marriage as a spouse but my concern is that as it's quote 'your sponsor is not entitled to claim or receive public funds on your behalf'.

As I am claiming benefit as the sponsor will this have an effect on the ILR application?

Your prompt response will be highly appreciated.

Many thanks

Frank