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PR or Another Visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Riya123
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Joined: Thu Apr 14, 2011 2:03 pm

PR or Another Visa

Post by Riya123 » Thu Apr 14, 2011 2:17 pm

Hi Everybody,

I came to UK on a Tier 1 Dependent Visa (with work eligibility) on 17'th June 2010, and got my Visa for 16 months (i.e until 14'th October 2011) as my Partner's Tier 1 (General) visa expires on that date. My partner has lived in the country for 5 years (working for NHS) and come October 14'th 2011 would be eligible for PR. I wanted to know if I am eligible for PR as well or not. My uncertainty come from the fact that I haven't lived in the country for 2 years. And If I am not eligible, what Visa would I be granted in October and how long would generally that Visa extends to.

Would really appreciate some reliable information on it.

PS- I need to know this as I recently received a job offer but they have deferred the joining date to Nov as my current visa expires in oct and HR is not convinced of my future presence (and work eligibility)in the country. If I were to receive an extension visa instead of PR, is there a particular page in immigration site or other evidence that will prove her my extension visa will lead me to PR and that it is a straightforward process really.

Thanks in Advance
Last edited by Riya123 on Thu Apr 14, 2011 3:03 pm, edited 1 time in total.

rajesh9pl
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Post by rajesh9pl » Thu Apr 14, 2011 2:21 pm

I understand your existing visa will be extended for a period you can complete your 2 years. Lets experts to help you out. Cheers!

geriatrix
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Post by geriatrix » Thu Apr 14, 2011 3:03 pm

1. Your husband is not eligible for PR (granted under EEA regulations), but may be eligible for ILR (granted under UK immigration laws).
2. You (as a dependant) will not be eligible for settlement until you have lived in the UK for 2 years.
3. Provided your husband is granted ILR before your current leave expires, you'll need to apply for leave to remain as spouse of settled person (FLR(M)).
Life isn't fair, but you can be!

Riya123
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Joined: Thu Apr 14, 2011 2:03 pm

Re: PR or Another Visa --V.V Urgent

Post by Riya123 » Thu Apr 14, 2011 3:06 pm

Thanks Sushdmehta for the instant reply. I have few more queries on this (pardon my ignorance)

1.Why is my partner not eligible for PR?
2.As my husband and my visa expires on the same date (14'th oct 2011), is it possible for him to apply and receive ILR beforehand.
3. Do i have work eligibility under FLR. What validity period would i get on the visa.

thanks in advance

geriatrix
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Post by geriatrix » Thu Apr 14, 2011 3:53 pm

1. Because he did not enter UK under EEA regulations but under UK immigration laws as a Tier 1 (General) migrant. Therefore, he can apply for only ILR and will be granted if the application is approved. Both PR and ILR lead to "settlement" but the route (EEA laws vs. UK laws) to eligibility differs and therefore the different terms (PR / ILR).
2. You husband may apply earlier than the expiry date of leave if he will be eligible for settlement earlier.
3. Leave to remain as spouse of settled person is granted for 2 years.
Life isn't fair, but you can be!

Riya123
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Re: PR or Another Visa --V.V Urgent

Post by Riya123 » Thu Apr 14, 2011 4:33 pm

1. My husband is eligible for ILR only come Oct (same time as that of my Tier 1 dependent visa expiring). In that case, could i apply for FLR m. If not, what would I be applying for???

2. How long does FLR takes to process??? I have my work joining date due in Nov 2011 (i.e, i have only one month from my current visa expiry to join the company) Would I be able to make it on time????

geriatrix
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Post by geriatrix » Thu Apr 14, 2011 5:14 pm

1. Under current directions, your husband may apply for settlement no earlier than 28 days before the 5th anniversary of his stay in the UK in a qualifying immigration category (that leads to settlement). An in-person settlement application at a PEO may be granted on the same day. Postal applications may take several weeks / months.

2. Likewise, an in-person FLR(M) application may be decided on the same day (with BRP posted to the applicant within a few days, if application is approved). Postal applications may take several weeks / months.

3. If you are unable to make an application for leave to remain (in a immigration category that you qualify for) before your current leave expires, you should leave UK before your current leave expires. You may then make an entry clearance application - in a category that you qualify for (e.g. - spouse of settled person) - to return to UK.
Life isn't fair, but you can be!

Riya123
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Re: PR or Another Visa --V.V Urgent

Post by Riya123 » Thu Apr 14, 2011 6:34 pm

Thanks a Lot..You have been very patient and informative..Appreciate your help.

Riya123
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Re: PR or Another Visa --V.V Urgent

Post by Riya123 » Thu Apr 14, 2011 6:43 pm

Sorry to bother..Just this one question thats bothering:
You did mention that FLR m visa is generally given for a period of 2 years. Is it irrespective of whether you would be eligible for settlement within that period or will the period of visa be given altered according to when I am eligible for settlement. I am asking this because I complete the 2 yrs of my stay in June 2012, and am planning to apply for FLR m in Oct 2011

geriatrix
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Post by geriatrix » Thu Apr 14, 2011 7:16 pm

You will be given 2 years leave if your FLR(M) application is approved (285).

If and when you become eligible for settlement during that 2 year period (and may wish to apply for it) has nothing to do with the duration of leave as spouse of settled person.
Life isn't fair, but you can be!

Riya123
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Re: PR or Another Visa --V.V Urgent

Post by Riya123 » Thu Apr 14, 2011 7:19 pm

Thanks a lot Sushdmehta.

Riya123
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Joined: Thu Apr 14, 2011 2:03 pm

Re: PR or Another Visa --V.V Urgent

Post by Riya123 » Tue May 24, 2011 5:08 pm

Hi,

Just a quick question.

I wanted to know if I (applying and eligible for FLR (M)) should be writing for Life in UK test as I would be applying with my husband, who will be applying for ILR.

geriatrix
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Post by geriatrix » Wed May 25, 2011 1:52 pm

LITUK is not a requirement for FLR(M), but A1 is.
Life isn't fair, but you can be!

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