Dependant's ILR: Avoiding Wastage! Careful of Change!!

[Angelica]

Hmmm

1) Recently got ILR based on 10 years long residency

2) Spouse has been my dependant for more than 6 years(as a student dependant and psw dependant)

3) Spouse currently have PSW dependant visa that will expire next year. Did not apply with me in my ILR application because there is no room for that.

4) In december, spouse will be able to apply for his own ILR based on 10 years. I mean in 6 months time.

5) Unfortunately, the law only allow her to apply for FLR(M), which means he can get ILR in 2 years time. Even though we've been married for 8 years here in UK.

Can he just wait till December to apply straight for his ILR?

Could the law change?

Is nt it a waste of money to make one application now and then another one in 6 months?

Help guys!

Cheers

[geriatrix]

Can he just wait till December to apply straight for his ILR?

Yes (under long residence), if he does not intend to travel outside UK until his settlement application is decided.

Could the law change?

Ask a clairvoyant.

[vinny]

1) Recently got ILR based on 10 years long residency

Great news!

However, I am concerned about her future Long residence application.

Do give details!

[Angelica]

Can he just wait till December to apply straight for his ILR?

Yes (under long residence), if he does not intend to travel outside UK until his settlement application is decided.

Could the law change?

Ask a clairvoyant.

He's not going anywhere.

[Angelica]

1) Recently got ILR based on 10 years long residency

Great news!

However, I am concerned about her future Long residence application.

Do give details!

I have give the details in set o timelines the other time, thanking you for your help in those dark days.

[Angelica]

Spouse visited MP's office who put a call through to UKBA.

They callected hubby's refrence and promised to call back after looking at his file. They called back and says

1) his dependant visa is techinally void because the main applicant is no more on PBS visa so cant wait to make ILR on 10 years in december.

2) He was asked to fill set o and do that very soon. Beside LIUK result, is there any important document needed for this application?

Cheers

[mist99]

I have to say that I'm getting confused. According to a sticky post, 'PBS dependants whose leave expires after 08-Jul-12: If your current (PBS dependant) leave will expire after you have completed the qualifying period then, according to the changes announced, it is expected that there will be no need for such dependants to switch to FLR(M) leave and will be able to apply for settlement directly.' (http://www.immigrationboards.com/viewtopic.php?t=79378).

If this is right, it seems that your spouse has been with you for over 2 years, and he wouldn't need to switch and could apply for ILR directly? Could moderators clarify?

[Angelica]

I have to say that I'm getting confused. According to a sticky post, 'PBS dependants whose leave expires after 08-Jul-12: If your current (PBS dependant) leave will expire after you have completed the qualifying period then, according to the changes announced, it is expected that there will be no need for such dependants to switch to FLR(M) leave and will be able to apply for settlement directly.' (http://www.immigrationboards.com/viewtopic.php?t=79378).

If this is right, it seems that your spouse has been with you for over 2 years, and he wouldn't need to switch and could apply for ILR directly? Could moderators clarify?

It can really make one cracy.

Imagine an account manager in UKBA dont know that dependant of ILR on long residency cannot apply at the same time!!

[mist99]

2) He was asked to fill set o and do that very soon.

Angelica, I'm getting a bit confused by what you posted here. Are you sure that the Home Office asked your spouse to fill in the set (O) form? I though it would either be FLR (M) if your spouse has to switch the visa or SET(M) if your spouse can apply directly for settlement.

[Angelica]

2) He was asked to fill set o and do that very soon.

Angelica, I'm getting a bit confused by what you posted here. Are you sure that the Home Office asked your spouse to fill in the set (O) form? I though it would either be FLR (M) if your spouse has to switch the visa or SET(M) if your spouse can apply directly for settlement.

Very suprised too.

The suprise thing was the UKBA took over 3 hours to research the file and come back with response.

They told me the day i got the ILR, dependant visa at that point become useless.

[mist99]

That's good then. If you are asked to fill in the set(o) form, it means that your spouse can apply for settlement now, and it is exactly the sticky post advised. Please update the result of your spouse's application when you can, it will be really helpful for the others.

[Angelica]

That's good then. If you are asked to fill in the set(o) form, it means that your spouse can apply for settlement now, and it is exactly the sticky post advised. Please update the result of your spouse's application when you can, it will be really helpful for the others.

Where in the sticky?