Immigrationboards.com

[kaamartei]

I will be due for 10 years ILR next March as I first entered this country as a visitor on the 28th March 2003. I then returned to my own country in May the same year with a valid visa and came back to the UK on the 19th of Sept. 2003 as a student and since then I have renewed my visa in the UK. Now my current Tier 4 student visa expires on the 30th Aug. 2013.

My wife joined me in the UK in Aug. 2004 and has been on dependent visa and her visa expires on the 30th of Aug. 2013 as well. Now if I apply for my ILR in March do I have to apply for FLR (M) for her or wait till I get my ILR and apply for an ILR for her.

Thanks

[Ged]

It is currently taking about 6 months to get your ILR through the 10 years route. Look at the time available between the moment you become eligible to apply for ILR to the moment you are likely to get your ILR. If you feel there is enough time for you to get your own ILR before your and your wife's leave expires, then skip FLR, and go for ILR directly for your wife, using SET(M), after receiving yours. If you realise that you and your wife does not have enough leave, you will need FLR first and SET(M) after.

Here is the detailed information you must read;

http://www.immigrationboards.com/viewtopic.php?t=105162

I hope this helps.

[kaamartei]

Thank you Ged for you response, however if I get my ILR can I apply for same day ILR for my wife. I know for 10 year ILR you can not go for same day but I do not know if after I get my ILR my dependet go for same day appointment.

Thanks again for you help

[sushdmehta]

Yes.
_________________
Life isn't fair, but you can be!

[Ged]

Your wife can benefit from the same day service after you get your own ILR since she is not in the 10 years long residence category. The problem you should calculate for is being able to book an appointment in good time might be difficult, particularly if the 6 months period your application may take leaves you no spare time for securing an appointment in a PEO for your wife's application.
I understand you need 40 days time in advance for securing a PEO appointment, with a very narrow window of opportunity to do so. You will need to read carefully how you can book appointments from PEO from this forum. There should be a few good previous post you can search for. In all cases, unless you have a plenty of leave already, be prepared for a nerve wrecking period of wait-and-see game. You must also make your time and financial resources ready for a FLR application you may end up having to make if you realise your ILR will not be resolved in good time.

[kaamartei]

Thank you guys for you reply. Ged I have noted your advice and will make my time and financial resources ready for a FLR application if time is not on my side.


Thanks again

[kaamartei]

Ged do you mean I need to earn an income of £18,600.00 or have £16,000.00 savings as stated in the FLR(M) form. Though my wife has been on dependent visa for over 7 years.

[Ged]

I meant all the additional requirements for FLR. It will cost you as an extra FLR fee and postal application takes longer time to process. I remember the language requirements for FLR is also different. A LIUK pass paper will not be enough for FLR. So while waiting for your ILR to be resolved, you may find yourself preparing for FLR in case it becomes necessary. I know because I feel just like that right now.

Did you calculate haw many weeks of leave you will have on your passport after you become eligible for long stay category? You can apply 28 days earlier before the 10th anniversary of the day you entered the UK. How many weeks of leave you will have on your passport from the day you become eligible?

[kaamartei]

Thank Ged, I have 20 weeks if I include applying 28 day to my 10th anniversary.