Is FLR(M) the right form for me

[chiraj]

Hello everyone,

My husband got his ILR in March but I am still on his tier 1 (General) Dependent Visa. I was told by someone that since my Husband has shifted from Tier 1(General) to ILR I have to change my Visa Status to Spouse visa.
I got married in may 2009 but I was on my own visa till June 2010. I then got transfered from Post study work to Tier 1 Dependent. Thus I have not finished my 2 years on his visa to aply for IRL. Is tht right ? and do I have to apply for FLR(M) now and wait for 2 years to complete when ill be eligible for IRL next year June 2012.

Thank you very much for your support

[geriatrix]

Enquire from UKBA if this technical change has been implemented.

[Greenie]

the technical change has been implemented in that time spent as a PBS dependent can be added to time spend as the spouse of a settled person to make up the two years, as set out in the statement of changes.

Requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom

287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:

(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here


I think previously the rules only referred to Tier 1 dependents meaning that tier 2 dependents had to complete a further two years as the spouse of a settled person if they did not apply for ILR at the same time as their spouse.

the explanatory memo seemed to suggest that they would also change the rules so as to not now require the spouse to switch using FLR(M) first but no such changes have been made so perhaps it was just worded slighly misleadingly in the explanatory memo, re-reading it again I can now see that what they meant was that they can use the time they spent as PBS dependents to qualify for ILR, but not necessarily that they could remain as a PBS dependent after the main migrant got ILR.

Sorry if not clear...

[geriatrix]

287(a)(i)(d) has been amended to replace "Tier 1 migrant" with "relevant point based system migrant", but ....

It is the way 287(a)(i)(d) is written that makes me question if this technical change has indeed been implemented (note use of "and" (underlined)):

(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here; or

Likewise, there is no change in 319E (note use of present tense (underlined)):

(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant.
(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.

Even if the change is deemed as "technical", I would have expected that either the relevant immigration rules be modified to reflect the change or UKBA issues (or amends) relevant IDI / guidance to highlight the change.

Hence, my suggestion that this be confirmed by UKBA directly.

[Greenie]

my point is that the technical change has been made - as you have quoted above. I am not sure from re-reading the explanatory memo that they did intend on getting rid of the requirement to apply on FLR(M) first as we had thought.

[geriatrix]

chiraj, please see this post. In light of this, switch to FLR(M) may be required.