Completed five years as spouse of long residence applicant

[vinny]

She passed English test in April 2014 when she applied for first flrm visa.In may 2014 she got two and half years flrm visa.
Does she need to pass english test again when she will apply for flrm visa extension in nov 2016? Can anyone please advise me?

See also 32D.

[imraheel456]

Hello.
18600 threshold has been challenged in the supreme court. Can anyone please advise me that how likely or unlikely is it to bring down or remove the threshold of 18600 and when is the decision going to be expected?
I need to extend my wife's visa on flr m form in nov this year and need to show 18600 income threshold again. But my income is just 12000.
Please advise me.
Thanks and regards.

[Casa]

A decision isn't likely until October at the earliest.

[imraheel456]

She passed English test in April 2014 when she applied for first flrm visa.In may 2014 she got two and half years flrm visa.
Does she need to pass english test again when she will apply for flrm visa extension in nov 2016? Can anyone please advise me?

See also 32D.

Thanks Vinny.
So my wife does not need to pass the English test again for her flr(m) extension. Cheers.

[imraheel456]

Hello,

Below is the summary of my family status:
Myself - Applied ILR 10 years long residence in jan 2014 and approved in apr 2014
Wife - Applied and approved FLR(M) in may 2014 after the rule changes-which means she is on a NEW 5 year route (2 X 2.5 year FLR(M)) and cannot use the Tier 1 G dependent time towards this 5 years). Her flr(m) extension is due in nov 2016
Two Kids - Got british passports in aug 2014 because they were born in uk

I am receiving all the benefits (child benefit, tax credit benefits and housing benefit). Also, I got the council home in nov 2015 and currently living in this council property with my wife and two kids.
Can you please advise me that will it create any problems on my wife's flr(m) visa extension in nov 2016 because her current flr(m) visa clearly says no resource to public funds?

Please reply me back in details?



Thanks and regards.

[Casa]

Hello,

Below is the summary of my family status:
Myself - Applied ILR 10 years long residence in jan 2014 and approved in apr 2014
Wife - Applied and approved FLR(M) in may 2014 after the rule changes-which means she is on a NEW 5 year route (2 X 2.5 year FLR(M)) and cannot use the Tier 1 G dependent time towards this 5 years). Her flr(m) extension is due in nov 2016
Two Kids - Got british passports in aug 2014 because they were born in uk

I am receiving all the benefits (child benefit, tax credit benefits and housing benefit). Also, I got the council home in nov 2015 and currently living in this council property with my wife and two kids.
Can you please advise me that will it create any problems on my wife's flr(m) visa extension in nov 2016 because her current flr(m) visa clearly says no resource to public funds?

Please reply me back in details?



Thanks and regards.

Tax credits must be claimed in joint names and child benefit in your name only.
You can only be provided with Council housing/benefit as a single person with 2 children. In other words your wife can't be considered in the decision to grant you subsidised housing or housing benefit. Did you declare her immigration status when you applied for a Council house and housing benefit?

[imraheel456]

Thanks Casa for your reply.
Yes I still remember that I advised my council about my wife's flr(m) visa status when I applied for council home and housing benefits. I also sent them about my wife's flr(m) visa copies which clearly says no resource to public funds. That's why they write the council house tenancy agreement just to my name. Not joint name. Please advise is it alright?

Yes you are right that tax credits letters come to joint names (my name and wife's name). Please advise me that is there any problem for her flr(m) visa extension in regard to tax credits joint names?


Thanks and regards.

[Casa]

There shouldn't be a problem if everything was carried out as you believe.

[imraheel456]

Thanks case for your reply.

I am worried about the tax credits because they come to joint names...... is it ok?

[Casa]

As strange as it may seem, in order for you to claim correctly without affecting your wife's future visa application, tax credit MUST be in joint names.

[imraheel456]

Thanks casa

[imraheel456]

Hi

As I said earlier today that I applied for ilr on ten years basis in jan 2014 and granted ilr in apr 2014.

I am thinking that home office should consider my wife's case according to the old rules which were in place when I applied for ilr in jan 2014. Please advise me about it???????

[Casa]

No, as your wife applied after the Rule change on April 6 2014 (as you've already correctly been advised in this thread). She can only apply for FLR(M) which will set her on a new 5 year route to ILR (2.5 + 2.5)

Annex FM Section 1.0a > 2.3. Transitional arrangements wrote:
Please note that the transitional provisions do not apply to the partner of a Relevant Points Based System Migrant who applies for leave to remain on the basis of family life as a partner on or after 6 April 2014. The partner of a Relevant PBS Migrant who wishes to apply for leave to remain on or after 6 April 2014, where their partner has been granted indefinite leave to remain under the long residence provisions of the Immigration Rules, must do so under Appendix FM. In other words - FLR(M).

[imraheel456]

Hi,

As I explained that my wife got flrm spouse visa on may 2014 as premium applicant at croydon office.

They gave us the approval letter at the end of interview which we have lost. But we still have the biometric resident visa card.
Can anyone please help me that how can I ask home office to get or reissue the approval letter?


Best regards.

[CR001]

Why do you need the letter?

The BRP card is proof of her visa status.

[imraheel456]

Thanks dear for your reply.

I need the approval letter because it might be stated spouse's proposed route to the indefinite visa? Isn't it?

[CR001]

There is no 'choice' of route. She can only be on the 5 year route on FLR(M), which would be the correct route because you applied for ILR based on long residence and SHE applied for FLR(M) AFTER 6th April 2014 which is when the rules changed. She was issued with a visa for 2.5 years so will need an extension for another 2.5 years before she will qualify for ILR.

This has already been explained.

[imraheel456]

Hello,

I met one person whose case is same to my case.

He received the indefinite visa on long residence ten years basis in 2014. His wife came in uk as a hsmp dependant from abroad in feb 2012. She did not switched into flr m spouse visa and remained on hsmp dependant visa. In aug 2015, she applied for indefinite visa on set o form at croydon office as a premium applicant. And she got the indefinite.

Can anyone please advise me that under which immigration rules she got the indefinite visa in aug 2015 while her husband also got the indefinite on long residence ten years basis in 2014?

Regards,

[CR001]

She was lucky, if your 'friend' told you the full story. Not everyone or many applicants are.

Your choice, risk applying for ILR on Set(M) and lose a lot of money. Let us know how you get on if you do apply.

[imraheel456]

There is no 'choice' of route. She can only be on the 5 year route on FLR(M), which would be the correct route because you applied for ILR based on long residence and SHE applied for FLR(M) AFTER 6th April 2014 which is when the rules changed. She was issued with a visa for 2.5 years so will need an extension for another 2.5 years before she will qualify for ILR.

This has already been explained.

Thanks for your reply.

I agree what is explained by you. But how can I ask home office to give me the copy of flr m approval letter which I have lost? Please advise me which way can I ask them?

[CR001]

I don't think you can get another copy. Request a SAR from HO.

[imraheel456]

Ok. Thanks.

[vinny]

Hello,

I met one person whose case is same to my case.

He received the indefinite visa on long residence ten years basis in 2014. His wife came in uk as a hsmp dependant from abroad in feb 2012. She did not switched into flr m spouse visa and remained on hsmp dependant visa. In aug 2015, she applied for indefinite visa on set o form at croydon office as a premium applicant. And she got the indefinite.

Can anyone please advise me that under which immigration rules she got the indefinite visa in aug 2015 while her husband also got the indefinite on long residence ten years basis in 2014?

Regards,

The rules were/are more favourable for non PBS dependants under Part 5.

[imraheel456]

Hello,

I met a person today whose case is as follow:

He applied for ilr in jan 2014 on long residence 10 years basis (I also applied for ilr in 2014 on long residence 10 years basis).
But he applied flr m spouse visa of his wife in mar 2014 while his ilr application was in process (I applied the flr m spouse visa of my wife in may 2014 after getting my ilr in apr 2014).
He got the ilr in apr 2014 and his wife also got the flr m spouse visa in apr 2014 which was valid for two years.
After two years of her flr m spouse visa (in apr 2016), his wife got the ilr.

Can anyone please advise me that under what immigration rules did his wife got the indefinite visa?

[CR001]

Your 'friend' applied for ILR & FLR(M) BEFORE the transitional provisions for PBS dependent was removed on 6th April 2014, so the spouse could apply for ILR with 2 years residence because she was covered by the provision. Your spouse applied after the rules had changed (as per below) and there has no recourse to the transitional provisions for PBS dependent of Long residence ILR applicants. She is on a 5 year route to ILR on FLR(M).

No, as your wife applied after the Rule change on April 6 2014 (as you've already correctly been advised in this thread). She can only apply for FLR(M) which will set her on a new 5 year route to ILR (2.5 + 2.5)

Annex FM Section 1.0a > 2.3. Transitional arrangements wrote:
Please note that the transitional provisions do not apply to the partner of a Relevant Points Based System Migrant who applies for leave to remain on the basis of family life as a partner on or after 6 April 2014. The partner of a Relevant PBS Migrant who wishes to apply for leave to remain on or after 6 April 2014, where their partner has been granted indefinite leave to remain under the long residence provisions of the Immigration Rules, must do so under Appendix FM. In other words - FLR(M).

This advice is still applicable to you.