spouse ILR

[Maliksahb]

Hi,

Any can reply my query???
I got British Nationality now but my spouse came to UK as tier 1 dependent before 9 July 2012 rules so now she has been living in uk from last three years.

My question is Her visa is still valid until Nov 2015 but she has completed three years In UK so Can she apply ILR before expiry of her limited leave that is until Nov 15 or should we wait until Nov 2015 and apply before 28 days.

Bit confuse about 28 rule.

[vinny]

Can she apply ILR before expiry of her limited leave

Assuming that you were granted ILR under PBS.

If she is a PBS dependant, then she may apply for SET(O) now, subject to KOLL requirements.

If she switched to FLR(M) prior to 6th April 2014, then she should use SET(M) now, subject to KOLL requirements.
If she switched to FLR(M) from 6th April 2014, then she is ineligible for SET(M) until she completes 5 years on FLR(M).

[Maliksahb]

Can she apply ILR before expiry of her limited leave

Assuming that you were granted ILR under PBS.

If she is a PBS dependant, then she may apply for SET(O) now, subject to KOLL requirements.

If she switched to FLR(M) prior to 6th April 2014, then she should use SET(M) now, subject to KOLL requirements.
If she switched to FLR(M) from 6th April 2014, then she is ineligible for SET(M) until she completes 5 years on FLR(M).

Thanks vinny,

Yes she switched to FLR (M) at 15 May 2013 as dependent of ILR (I had ILR one year ago but British nationality now)
So if i summaries then you are saying that Yes she can apply for ILR before her current visa expiry that is valid until Nov 2015?

Please also explain about 28 days rule..... it confuse me like If i apply my wife ILR in December 2014 then Home office may reject and say apply for ILR before 28 days of current visa expiry??

One last thing what is 6th April 2014 date? any rule change or this is any fixed date set by home office for dependent.

Once again thanks for your time.

[vinny]

The 28 days just means that people may apply for ILR no sooner than 28 days before they complete their qualifying period for ILR. As your wife had already completed her qualifying period, she is able to apply now, using 287(a)(i)(d).

There was a rule change on 6th April 2014.

[Obie]

I don't think the O P'S wife will qualify for ILR .

She switched to FLR (M) and appeared to have been granted a 30 months leave as a family member of a Settled person.

In those circumstances, I don't believe 287 is in play.

However I stand to be corrected if I am wrong.

I believe he obtain ILR via the Long residency route .

I was thinking along the same line as you until he mentioned the switch that took place in May 2013, and the grant of leave, that ends in November 2015, which appeared to be 30 months.

[vinny]

Well spotted!

If they granted her FLR(M) under Appendix FM, then I believe that they granted it in error. Prior to 6th April 2014, they should have granted FLR(M) under Part 8 under the transitional provisions, as she was a dependant prior to 9 July 2012.

[Obie]

I concur with you. It is however the responsibility of the applicant to inform the Secretary of state that they are entitled to apply under 284 and that is the provision under which they are applying, as opposed to Appendix FM.

It is a bit late in the day now to raise that up.

I don't know. I believe you are right, but in light of the fact of the case, we are where we are.

Furthermore, the Secretary of State have changed the rules again, such that applicant under part 8 who were granted leave under part 8 but later on switch or was rejected leave under part 8, can never switch to Part 8 again.

Quite a stage and vindictive thing to do.

Not sure this will apply retrospectively.

[vinny]

It's not too late.

Several members in similar situations had eventually succeeded in getting ILR, after pointing out the error.

[Maliksahb]

Thanks Vinny and Obie for your help,

So final result is , I can apply my wife ILR before expiry of her current 30 months FLR (M) Visa valid until Nov 2015 but
I need to mention in covering letter that i am combining Her PBS dependent leave with FLR (M) settled person
leave (Since Nov 2011 to Jan 2015) and applying under Part 8 under the transitional provisions,


Please advise if anything else i need to add or something miss understood.

[vinny]

Also add that she switched to FLR(M) prior to 6 April 2014 and 287(a)(i)(d) is applicable.

[vinny]

Furthermore, the Secretary of State have changed the rules again, such that applicant under part 8 who were granted leave under part 8 but later on switch or was rejected leave under part 8, can never switch to Part 8 again.

Quite a stage and vindictive thing to do.

Not sure this will apply retrospectively.

I think that it may be unreasonable, if they used the new rule to cover up their mistake. It may be an abuse of the rules.

[Obie]

I accept it is an error. She ought to have pointed it.

I also hope she will not have to go to court to remedy it.

I have no issues with the views you expressed Vinny.

I am just unsure how willingly UKVI will own up to their error, and issue ILR.

[Maliksahb]

Finally yesterday got my wife ILR based on two years on 287(a)(i)(d). Million Thanks Obie and Vinny for your help.

Could any one help me out for next stage that is my wife Naturalization. As she spend more then 3 years now so i think
she can apply for Naturalization right after ILR without waiting for one year with ILR. Am i right?

Please point me to right forum for Naturalization as well.

[saviourn]

Hi

Congratulations on your successful SET (M) application. I am in the same situation as you were.

Can you please share how you prepared your covering letter for SET (M) application. I mean have you only mentioned (287(a)(i)(d) or anything else as well.

Your help will be much appreciated.

Thanks

[Maliksahb]

HI saviourn

Yes it is very easy to write couple of line like i am applying under Part 8 of the transitional provisions and
she switched to FLR(M) prior to 6 April 2014 that why 287(a)(i)(d) is applicable..

Because of these you are combining you spouse PBS leave with FLM (M) leave to qualify Set (M) ILR.

This is very well known to visa officers ,so nothing to worry.

[vinny]

Could any one help me out for next stage that is my wife Naturalization. As she spend more then 3 years now so i think
she can apply for Naturalization right after ILR without waiting for one year with ILR. Am i right?

Right.

[Maliksahb]

Thanks Vinny,

I have already applied for naturalization and still waiting.

Many people ask about sample covering letter to me so here is a sample

I am applying for indefinite leave to remain (Set(M)) under paragraph 287 (a)(i) and (d) which clearly outlines the requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom. i am applying by combining my PBS dependent leave with FLR (M) settled person leave (Since Nov 2011 to Feb 2015) duration of 3 years and 3 months and applying under Part 8 in the transitional provisions
I would also like to mention that I have switched to FLR (M) at May 2013 prior to 6 April 2014 that‘s why 287(a)(i)(d) is applicable.

[baba_baba]

Thanks Maliksahb.. great help