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Application for wife who entered UK as a Tier1 (G) dependant
Posted: Mon Nov 11, 2013 1:43 pm
by aztec1032
Dear Gurus,
My wife came to the UK on the 01st of December 2011 as a Tier 1 (G) dependent and currently residing in the UK with the same immigration status which is valid until July 2015.
However, I have recently applied for ILR under Long Residence(LR) and trying to find out the best option for my wife to extend her visa once I am granted ILR under LR. I have been through Transitional Provisions of Immigration Rules [
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary] and as per
Section 3.4 I understand that my wife will be required to switch into the partner of a settled person category i.e. FLR(M). Now the questions I have assuming my ILR(LR) is approved after 01st of December 2013:
1. What is the best option (or the only one) that we should be opting for to ensure my wife gets ILR as soon as possible?
2. If I apply for FLR(M) for her would she be required to stay here as my dependent for 5 years to be eligible for settlement i.e. HO will withdraw the benefit of transitional provisions given she is applying for FLR(M) under currently existing immigration rules?
3. If her FLR(M) is approved how long do we have to wait before we can apply for settlement?
Please note my wife has already passed Life in the UK test and meets the language requirement as well. In addition to this I am able to show my earnings to support her application in any of the relevant category.
I would highly appreciate your guidance on this.
Regards Aztec[/url][/quote][/b]
Re: Application for wife who entered UK as a Tier1 (G) depen
Posted: Mon Nov 11, 2013 1:56 pm
by Damanisshallo
aztec1032 wrote:Dear Gurus,
My wife came to the UK on the 01st of December 2011 as a Tier 1 (G) dependent and currently residing in the UK with the same immigration status which is valid until July 2015.
However, I have recently applied for ILR under Long Residence(LR) and trying to find out the best option for my wife to extend her visa once I am granted ILR under LR. I have been through Transitional Provisions of Immigration Rules [
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary] and as per
Section 3.4 I understand that my wife will be required to switch into the partner of a settled person category i.e. FLR(M). Now the questions I have assuming my ILR(LR) is approved after 01st of December 2013:
1. What is the best option (or the only one) that we should be opting for to ensure my wife gets ILR as soon as possible?
You can try this
2. If I apply for FLR(M) for her would she be required to stay here as my dependent for 5 years to be eligible for settlement i.e. HO will withdraw the benefit of transitional provisions given she is applying for FLR(M) under currently existing immigration rules?
If she does, she'll still be considered under old rules under Transitional Provision.
3. If her FLR(M) is approved how long do we have to wait before we can apply for settlement?
Straight away provided she's met every other requirement.
Please note my wife has already passed Life in the UK test and meets the language requirement as well. In addition to this I am able to show my earnings to support her application in any of the relevant category.
I would highly appreciate your guidance on this.
Regards Aztec
Posted: Mon Nov 11, 2013 2:19 pm
by Amber
Posted: Mon Nov 11, 2013 5:18 pm
by aztec1032
Dear Amber & Damanisshallo .. many thanks for the guidance and taking the time to reply to my queries.
Based on the cases and documents you provided .. I understand the only option for my wife is to apply for FLR(M) and then change to SET(M) immediately afterwards or whenever we wish to given that she is under transitional provisions & meets all other conditions.
Unless.. I want to go for a PEO appointment and try to convince the caseworker like your friend did Damanisshallo through his solicitor .. which I merely see as a chance being taken (that at least could pay off financially given that I wouldn't have to pay for FLR(M)).
Please confirm if my understanding is correct. Many thanks again for your support.
Regards
Aztec
Posted: Mon Nov 11, 2013 5:51 pm
by Amber
It's unlikely that you could skip FLR(M).
Posted: Tue Nov 12, 2013 11:21 am
by aztec1032
Many thanks Amber.
Posted: Tue Nov 12, 2013 12:01 pm
by Damanisshallo
Stories of people who managed to skip FLR(M)
Posted: Tue Nov 12, 2013 6:50 pm
by aztec1032
Damanisshallo wrote:Stories of people who managed to skip FLR(M)
Quite interesting facts .. many thanks for sharing Damanisshallo. Albeit the question is now whether I am prepared to take a little financial risk. Having a PEO appointment if HO refuse to grant my wife ILR on the basis of SET(M)/SET(O) .. I would lose £375 (£953-£578) as opposed to postal application for FLR(M). However, if the risk pays off I would end up saving £203 (FLR(M)£578+SET(M) £1051=£1629 Postal - £1426(SET(M/O) PEO).
Now on the other hand if I am thinking ahead in regards to 'timing'.. assuming that I have been granted ILR(LR) in Jan'14 and have my wife's FLR(M) completed through post by April/May 2014 and then get her SET(M) done in Aug/Sep 2014... can you kindly shed some lights on the query below:
1. If I am naturalized as a British Citizen in May/June 2015, when exactly my wife would be eligible for Naturalization assuming she gets her ILR on SET(M) in Sep 2014? (She entered UK as a Tier 1(G) dependent on the 01 Dec 2011)
Apologies if I am thinking way ahead .. but as I have the financial impact covered would like to understand the only other important variable (timing) please ..
Many thanks for your support again.
Posted: Tue Nov 12, 2013 7:06 pm
by Amber
Although I have heard of one or two cases where FLR(M) was not required for SET(M), I have seen more where the caseworker rejected this idea.
See
herefor naturalisation.
Posted: Tue Nov 12, 2013 7:21 pm
by aztec1032
D4109125 wrote:Although I have heard of one or two cases where FLR(M) was not required for SET(M), I have seen more where the caseworker rejected this idea.
See
herefor naturalisation.
Thanks Amber .. re. the qualifying period (5 yrs), this is where I have my confusion. I was looking at BN7
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Wouldn't my wife be eligible for naturalization as per
Section B Paragraph 6/7 (B. REQUIREMENTS FOR A PERSON APPLYING AS THE HUSBAND, WIFE OR CIVIL PARTNER OF A BRITISH CITIZEN) of BN7 provided that by May/June 2015 I would be a BC and then she applies for naturalization as my wife in Aug/Sep 2015.
Perhaps I am interpreting incorrectly. Please help me clarify my understanding.
Your support is much appreciated.
Posted: Tue Nov 12, 2013 7:56 pm
by Amber
Yes the residential period is 3 years for the spouse of a British Citizen.
Posted: Wed Nov 13, 2013 6:57 pm
by aztec1032
D4109125 wrote:Yes the residential period is 3 years for the spouse of a British Citizen.
Many thanks Amber ... this forum is truly great!
Posted: Wed Nov 13, 2013 9:44 pm
by vinny
Posted: Thu Nov 14, 2013 9:48 am
by aztec1032
Thanks Vinny .. yeap I am aware that my wife would be required to have ILR when she applies for naturalization as a British Citizen's spouse.
Posted: Thu Nov 14, 2013 10:07 am
by vinny
You may be surprised that it wasn't always the case.
Posted: Thu Nov 14, 2013 11:19 am
by aztec1032
vinny wrote:You may be surprised that it wasn't always the case.
If I understand what you mean .. I know how frequently HO keeps on changing the rules for us immigrants!!
Posted: Wed Dec 11, 2013 10:43 am
by aztec1032
Respected Gurus/Moderators,
Once again, I would like to draw your kind attention to the following-
As previously mentioned my wife is currently on a Tier 1(G) Dependent visa which expires in July 2015. In the meantime I am expecting my ILR based on Long Residency to be approved hopefully by early 2014 and if that happens would my wife's Tier 1(G) Dependent visa be curtailed after a specific period of time?
I have heard people mentioning that I would have to apply for my wife using FLR(M) within 28 days of my ILR(LR) being approved. Is there any such (28days) requirement imposed by UKBA?
Many thanks for your support.
Regards
Aztec
Posted: Wed Dec 11, 2013 10:57 pm
by aztec1032
Amber/Vinny .. anyone some guidance here please?
Many thanks.
Posted: Wed Dec 11, 2013 11:35 pm
by wpilr_nov12
Posted: Thu Dec 12, 2013 3:54 pm
by aztec1032
Thanks WPI for your response. Rather than planning, I would like to find out if my wife's Tier 1 (G) Dependent visa which is valid until 2015 would be curtailed within 28 days after my ILR based on LR is approved??
Any suggestion on that would be highly appreciated.
Regards
Posted: Fri Dec 13, 2013 12:58 pm
by Amber
Your spouse will have to switch to flr(m) anyway so that can be done now, applying for FLR(M) by post, asking for a decision to be made when you have a decision, stating your reference number.
Posted: Fri Dec 13, 2013 3:16 pm
by aztec1032
Amber_ wrote:Your spouse will have to switch to flr(m) anyway so that can be done now, applying for FLR(M) by post, asking for a decision to be made when you have a decision, stating your reference number.
Hi Amber .. many thanks for the reply. I suppose I haven't clarified my query ..
I understand my spouse will have to switch to FLR(M).. but she has got Tier 1(G) dependent visa valid up until July 2015 and therefore I intend to apply for her FLR(M) once I have my ILR approved based on LR. So the question is .. once my ILR is approved is there any deadline (i.e. 28 days or else) for my wife to apply for her FLR(M) visa?
Many thanks for your support again.
Regards
Posted: Fri Dec 13, 2013 3:56 pm
by Amber
It should be done as soon as possible as the law may change.
Posted: Fri Dec 13, 2013 4:56 pm
by aztec1032
Amber_ wrote:It should be done as soon as possible as the law may change.
Excellent .. many thanks Amber. From your comment it implies to me that there is no deadline until her visa expires .. however it is advisable to apply sooner as the lay may change!!
Many thanks again. You guys deserve genuine appreciation from users (registered/non-users) for all the support you provide ..