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Dependent visa as a Husband of ILR (10 Years Route)

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ttcg
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Dependent visa as a Husband of ILR (10 Years Route)

Post by ttcg » Mon Nov 02, 2015 1:12 pm

FLR (M) or Set (M) ?

I am reading the Guides to apply as the dependant and I am confused about the following paragraph and I couldn't not find anything detail about these special paragraphs.

How can I know that whether I am on the visa related to those paragraphs?
If you were not last granted limited leave to enter or remain as the partner of a person
present and settled in the UK under paragraph 281, 284, 295A or 295D, you must not use this
form. The correct form to apply for further leave to remain on as a partner of a person
present and settled is form FLR(M).
Both of us were on SEPARATE Tier 2 General Visas and she got the ILR via 10 Years Route in Aug 2015. Since we were on separate visa before, I wasn't included as the Dependant when she applied ILR.

Now I am thinking about applying ILR as the dependant of my wife. I would like to know which form I should use to apply for it. Some of my friends are even saying that I have to leave UK to apply as the dependant.

Her case is quite different. She depended on her husband before before she got her ILR and he depended back to her when she got it. Her husband had to leave UK, went back to home country and applied for ILR to re-enter UK.

Here is the short summary of the timeline...

2009 Sep - I arrived to UK as the Student
2010 Dec - I got PSW
2012 Apr - married
2012 Dec - I got my Tier 2 General
2013 Jan - she got her Tier 2 General
2015 Aug - she got ILR (10 Years Route)

Thanks in advance.

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Re: Dependent visa as a Husband of ILR (10 Years Route)

Post by Obie » Mon Nov 02, 2015 1:21 pm

You cannot qualify for ILR. Perhaps leave to remain under 6 years route on FLR (M) will be the best option, subject to meeting the financial requirements.
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CR001
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Re: Dependent visa as a Husband of ILR (10 Years Route)

Post by CR001 » Mon Nov 02, 2015 1:22 pm

You don't qualify for ILR as a dependent as you have not been your partners dependent in the UK for visa purposes.

The quickest route to ILR for you is to stick with your Tier 2 General and apply for ILR if you meet the requirements in 2017.

The alternative is to apply for a spouse visa on FLR(M) within the UK if you/partner meet the requirements. This will be a new 2.5 year visa and new 5 year route.

You will however qualify for ILR based on long residence in 2019 anyway if you switch to spouse visa.
Char (CR001 not Casa)
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ttcg
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Re: Dependent visa as a Husband of ILR (10 Years Route)

Post by ttcg » Mon Nov 02, 2015 1:51 pm

CR001 wrote:You don't qualify for ILR as a dependent as you have not been your partners dependent in the UK for visa purposes.

The quickest route to ILR for you is to stick with your Tier 2 General and apply for ILR if you meet the requirements in 2017.

The alternative is to apply for a spouse visa on FLR(M) within the UK if you/partner meet the requirements. This will be a new 2.5 year visa and new 5 year route.

You will however qualify for ILR based on long residence in 2019 anyway if you switch to spouse visa.
Thanks for your advice. So, I believe FLR (M) is the correct form for me. I want to move the job next year (coz my current job is not stable and I am not sure about my visa next year) and as you know finding the job with Tier 2 Sponsorship requirement is very difficult these days. Most of the employers do not want to employ an applicant who needs Tier 2 Visa.

So, my plan was to switch my visa and apply for a job without a need to worry about my visa.

Since my wife salary is over £18,600 per annum, it should be qualify for the Financial Maintenance. And can I apply FLR (M) in UK without going back?

Thanks again.

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Re: Dependent visa as a Husband of ILR (10 Years Route)

Post by CR001 » Mon Nov 02, 2015 2:31 pm

FLR(M) is the correct form then and yes, you can apply for FLR(M) in the UK, you do not have to return to your home country.
Char (CR001 not Casa)
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ttcg
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Re: Dependent visa as a Husband of ILR (10 Years Route)

Post by ttcg » Tue Apr 26, 2016 8:26 pm

on FLR(M) Guide https://www.gov.uk/government/uploads/s ... _04-16.pdf
Page 63 of 76

Your relationship
Six items of correspondence addressed to you and your partner at the same address as
evidence that you have been living together since your last grant of leave in this category, or
from the date you first started living together up to a maximum of two years. See Note 11.
I am confused about the above statement and I would like to ask your help to clarify.

My wife and I were married in Apr 2012, bought a house in May 2013 and we have been living together since then. We are going for the long holiday trip in coming June and I am planning to apply for the FLR (M) visa in July/Aug time. So, when I submit my application in Jul, 2016, should I submit the documents
between May 2013 and May 2015?
Or between Jul 2014 and Jul 2016?

I am planning to submit the following documents:
- Barclay Bank statements in our joint names for every month
- Council Tax statements for every month
- Halifax Mortgage statements. But they are produced only once in every April. So, I got one for each for 2014, 2015, 2016. So, I got only TWO documents to submit them for 2 years

According to their guide, I need 6 items from 3 different sources. So, could you please advise whether the above documents are enough or not?
Can I also submit the Barclay Home Insurance Agreement/Statements? (if in case the aboves are not adequate)

Apart from above 4 types of documents, we don't have anything common in our names. All statements/documents are under individual name.

Thanks very much in advance.

I posted in the old thread again because I would like to keep my history and questions together. If it is against the Forum rule, please let me know.

Here is my immigration history:

2009 Sep - I arrived to UK as the Student
2010 Dec - I got PSW
2012 Apr - married in UK (we lived separately in different cities until we bought a house)
2012 Dec - I got my Tier 2 General
2013 May - Bought a house and moved in together
2015 Aug - my wife got ILR (10 Years Route)
2015 Dec - I got my Tier 2 General extension till Nov 2018

ttcg
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Re: Dependent visa as a Husband of ILR (10 Years Route)

Post by ttcg » Fri Dec 23, 2016 8:47 pm

Hi Guys,

Finally, my wife got the British Citizenship (Naturalization via 10 years Settlement) in December, 16 and I am going to apply my visa to switch from Tier 2 General to the FLR(M) Spouse visa.

1. I would like to ask some helps with questions about the supporting documents. At page 80 for FLR(M) Form,
Photographs and documents checklist
Please complete this part of the form to help us check that we have received your photographs
and documents. At “A”, tell us how many of each of the listed items you are providing with your
application. At “B”, list any other documents provided by you and state how many in each case.
Continue on a separate sheet if necessary and enclose it with this form. Unless stated, all
documents must be originals and online bank statements must be stamped by, or accompanied
by a covering letter from, the issuing bank. You should photocopy each of these documents and
provide the copies in addition to the originals.
According to the text in the red colour, do I need to provide the photocopy of all my supporting documents? It's going to be very huge (probably extra 150-200 pages) because we are going to submit
  1. 2 years bank statements in joint
  2. 2 years bank statements (from different bank) in individual name
  3. 2 years home insurance letters
  4. 2 years council tax statements
  5. 2 years mortgage statements
  6. 2 years bills... etc
So, I would like to confirm with you guys that I really need to submit the photocopies of each documents?

2. My wife and I bought the house in 2013 and we are still living at the same place. Do I need to include the Land Registry to prove that we really own a house we are living? Since we are providing both Mortgage Statements and Home Insurance letters, do we still need to provide the proof for the accommodation?

Could you please help me with the above questions? Thanks.

Have a lovely Christmas Holidays!!!

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Re: Dependent visa as a Husband of ILR (10 Years Route)

Post by physicskate » Fri Dec 23, 2016 9:27 pm

Hi. You've misunderstood...

As this is your first FLR(M), you don't have to prove living together two years at all, but it might help you to do so in order to prove enduring relationship evidence (you should provide evidence of your entire relationship).

Back to the items of correspondence.

You need to provide 6 items of correspondence in TOTAL spread evenly throughout your time living together, not 6 sources detailing the previous two years. For example:
two council tax statements from Dec 2015, Dec 2016
Two bank statements, May 2015, May 2016.
Two GP letters, Sept 2014, Sept 2015

And copies of each.

Back to your application: Prove you own the house together and a couple bills from each year. Your marriage certificate, a photo or two of you together without anyone else in it (to prove you met), etc...

ttcg
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Re: Dependent visa as a Husband of ILR (10 Years Route)

Post by ttcg » Thu Jan 05, 2017 10:20 pm

physicskate wrote: As this is your first FLR(M), you don't have to prove living together two years at all, but it might help you to do so in order to prove enduring relationship evidence (you should provide evidence of your entire relationship).

Back to the items of correspondence.

You need to provide 6 items of correspondence in TOTAL spread evenly throughout your time living together, not 6 sources detailing the previous two years. For example:
two council tax statements from Dec 2015, Dec 2016
Two bank statements, May 2015, May 2016.
Two GP letters, Sept 2014, Sept 2015
Thanks for your help Physicskate.

May I clarify more? Are you saying that I need to provide the 6 Correspondence items since we started living together? From 2013 till 2017... to cover all 4 years?

Could someone help me about the above question? Thanks very much.

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Re: Dependent visa as a Husband of ILR (10 Years Route)

Post by CR001 » Thu Jan 05, 2017 10:26 pm

You need cohabitation documents for the last two years prior to application.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ttcg
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Re: Dependent visa as a Husband of ILR (10 Years Route)

Post by ttcg » Tue Mar 14, 2017 4:54 pm

Thanks everyone for your advices and suggestions. With your guys help, I managed to get the FLR (M) visa.

Here is the list of submitted documents

1. 3 Passports (2 Expired Passports)
2. A Biometric Residence Permit (Tier 2)
3. A Sponsor’s British passport (copy) and a naturalization certificate (copy) <No need. They sent the copy back>
4. A Marriage Certificate
5. A Degree Certificate in UK
6. Correspondence Items for 2 years:
  1. 1. 2015 Jan Bank Statement (Joint)
    2. 2015 Mar Council Tax (Joint)
    3. 2015 Apr Mortgage Agreement (Joint)
    4. 2015 Aug UKVI Letter (Individual)
    5. 2015 Sep Bank Statement (Joint)
    6. 2015 Nov UKVI Letter (Individual)
    7. 2016 Jan Bank Statement (Joint)
    8. 2016 Apr Mortgage Statement (Joint)
    9. 2016 Sep Council Tax (Joint)
7. Accommodation Evidences:
- 2 Affinity Water Bills (Individual)
- 2 Estate Management Invoices (Joint)

8. Financial Requirements:
- Letter from Applicant’s Employer and 6 months’ payslips
- Letter from Sponsor’s Employer and 6 months’ payslips
- Latest 7 months bank statements to cover last 6 months pays

I submitted too many documents for Correspondence items because my wife's middle name is omitted in some letters.

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