Question on FLR for spouse

[fisher]

Friends

I have an ILR and I will be going for citizenship next year. The problem is that my wife is on Tier 1 and she will be eligible for ILR in 2014.
Would it be better for her to switch to FLR now and then seek citizenship or would it be better to for her to seek ILR using her Tier 1 and then going independently to citizenship?

I have gone through multiple documents and am getting confused hence will appreciate a lot if you could help me with this.

-f

[Lucapooka]

Switching will see her naturalized one year sooner than remaining as a PBS migrant.

If she stays on Tier 1 she will get ILR in 2014 and may then apply for citizenship as a person with ILR, who has lived in the UK for the last 3 years, and is married to a British citizen.

If she switches into FLR she will be granted ILR after a mandatory two years residence period (so 2013). She may then apply for citizenship as a person with ILR, who has lived in the UK for the last 3 years, and is married to a British citizen.

[fisher]

Switching will see her naturalized one year sooner than remaining as a PBS migrant.

If she stays on Tier 1 she will get ILR in 2014 and may then apply for citizenship as a person with ILR, who has lived in the UK for the last 3 years, and is married to a British citizen.

If she switches into FLR she will be granted ILR after a mandatory two years residence period (so 2013). She may then apply for citizenship as a person with ILR, who has lived in the UK for the last 3 years, and is married to a British citizen.

Thanks very much. Couple of questions:
1. If she files FLR and I become a british citizen, can she continue to be on FLR? Will this FLR be finite leave to remain?
2. Can she not go directly from FLR to Citizenship?

[Lucapooka]

You becoming British will not change anything other than when she gets ILR (after two years on FLR>M) she can apply for BC immediately.

Anyone who applies for naturalization has to be free from immigration time restrictions at the time they apply. This is an elaborate phrase that simply means ILR or permanent residency. She can`t be naturalized without this.

[fisher]

You becoming British will not change anything other than when she gets ILR (after two years on FLR>M) she can apply for BC immediately.

Anyone who applies for naturalization has to be free from immigration time restrictions at the time they apply. This is an elaborate phrase that simply means ILR or permanent residency. She can`t be naturalized without this.

Thank you very much for your response.

[geriatrix]

Hi,

I am in the process of filing FLR for my spouse. I am currently on ILR while my wife is on Tier 1 (General). I had few questions

1. What is the fund maintenance requirement? I have seen that we need to produce last 3 months of bank statements however what is the minimum funds to be maintained (it is not mentioned in the guidance or the form)?

2. My wife has been staying with me for 2.5 years on Tier2/Tier 1 (She has not been on my spouse visa). Do we need to provide the proof in section 11C

" 11C - Unmarried and same-gender partners (and any spouse or civil partner who has completed 2 years’ leave in that category but is applying for an extension of stay rather than indefinite leave to remain)

If you are applying as an unmarried or same-gender partner, or if you answered no to question 4.1 and are applying for an extension of stay although you have completed or nearly completed 2 years’ leave to enter or remain in the UK as a partner, in addition to the relevant documents in sub-section 11A, you must provide the following documents:

6 items of correspondence addressed to you and your partner at the same address as evidence that you have been living together during the past 2 years. See Note 8."

We have answered yes to section 4.1 (since this will be the first time she will switch to my spouse visa). The challenge is finding enough documents (other than her bank statements - since most of the bills are in my name)

-F

[geriatrix]

MAA4 Maintenance: General requirements

[fisher]

MAA4 Maintenance: General requirements

Thanks. Could you please let me know if you have answer to the 2nd question?

"2. My wife has been staying with me for 2.5 years on Tier2/Tier 1 (She has not been on my spouse visa). Do we need to provide the proof in section 11C

" 11C - Unmarried and same-gender partners (and any spouse or civil partner who has completed 2 years’ leave in that category but is applying for an extension of stay rather than indefinite leave to remain)

If you are applying as an unmarried or same-gender partner, or if you answered no to question 4.1 and are applying for an extension of stay although you have completed or nearly completed 2 years’ leave to enter or remain in the UK as a partner, in addition to the relevant documents in sub-section 11A, you must provide the following documents:

6 items of correspondence addressed to you and your partner at the same address as evidence that you have been living together during the past 2 years. See Note 8."

We have answered yes to section 4.1 (since this will be the first time she will switch to my spouse visa). The challenge is finding enough documents (other than her bank statements - since most of the bills are in my name)
"

[fisher]

MAA4 Maintenance: General requirements

Thanks. Could you please let me know if you have answer to the 2nd question?

"2. My wife has been staying with me for 2.5 years on Tier2/Tier 1 (She has not been on my spouse visa). Do we need to provide the proof in section 11C

" 11C - Unmarried and same-gender partners (and any spouse or civil partner who has completed 2 years’ leave in that category but is applying for an extension of stay rather than indefinite leave to remain)

If you are applying as an unmarried or same-gender partner, or if you answered no to question 4.1 and are applying for an extension of stay although you have completed or nearly completed 2 years’ leave to enter or remain in the UK as a partner, in addition to the relevant documents in sub-section 11A, you must provide the following documents:

6 items of correspondence addressed to you and your partner at the same address as evidence that you have been living together during the past 2 years. See Note 8."

We have answered yes to section 4.1 (since this will be the first time she will switch to my spouse visa). The challenge is finding enough documents (other than her bank statements - since most of the bills are in my name)
"

Hi

Can anybody please answer this question?

-F

[fisher]

Friends

Any help please?

-F

[geriatrix]

Read 11C again carefully - the answer is self-evident.

[fisher]

Read 11C again carefully - the answer is self-evident.

Apologies - i wouldn't have asked if it was clear. The sentence is confusing. I have discussed with few friends, however they are also not sure. If you know what it is, it would be really helpful.

[geriatrix]

If you are applying as an unmarried or same-gender partner, or if you answered no to question 4.1 and are applying for an extension of stay

You say "wife" - so not unmarried or same-gender partner! Right?
Q 4.1 - what is your answer? And why?