Which visa category to apply under?

priya26 · Post by **priya26** » Tue Sep 25, 2012 3:01 pm

My Husband has his ILR appointment booked on the 2nd of November. He is currently under the Tier 1 ( general ) visa. My Visa is Tier 1 general dependent visa. I came to the UK in April 2012.

I have a few questions.

1. What category of visa should I apply under?

2. Does the 9th Of july rule apply to me ?

Post by **geriatrix** » Tue Sep 25, 2012 3:08 pm

1. PBS dependant (319C and 319D).
2. Appendix E -> Row 11.

priya26 · Post by **priya26** » Tue Sep 25, 2012 3:12 pm

My Husband will hopefully get his ILR by 2nd november. So am I not eligible to apply for FLR M?

Post by **geriatrix** » Tue Sep 25, 2012 3:23 pm

Why do you want to do that, when you can continue as PBS dependant?
Unless you are a doctor / dentist, there is no advantage of switching.

priya26 · Post by **priya26** » Tue Sep 25, 2012 3:33 pm

Thank you for your prompt reply.

Yes, I am a doctor.

So you are saying it's my choice if I want to stay as a PBS dependent or change to FLR ( M ) ?

Also, If I do apply for the FLR ( M ) can I apply for my ILR in 2 years? I went through the link that you had provided in the previous reply regarding the 9th of july amendment. But I did not quite understand.

As per my understanding, 9th of july rule only matters if you had applied for FLR ( M ) as a dependent of a person settled here. Otherwise it does not matter. Am I correct?

Post by **geriatrix** » Tue Sep 25, 2012 4:05 pm

Glad that you questioned me about FLR(M)!!

When UKBA announced the change - that PBS dependant could extend their stay as PBS dependant when the main migrant becomes eligible for settlement but the dependant does not - it was expected (at least I was expecting it) that the immigration rules will be modified in such a way so as to remove the restriction of "no employment as doctor / dentist in training" for PBS dependants applying for PBS extension when the main migrant receives settled status.

For some reason, this has not been done ... at least it appears so because immigration rule 319D(b)(iii) has not been changed to reflect this.

Therefore, as per my interpretation, there is a disadvantage for a "doctor / dentist in training" to continue as a PBS dependant when the main migrant applies for / receives settled status. For such PBS dependants, switching to FLR(M) remains the only sensible option - so as to be free from this restriction and progress in their career.

So, if you do not satisfy 319D(b)(iii) then my suggestion would be that you switch to FLR(M).

But if you do meet the requirements under 319D(b)(iii)(essentially, have a bachelors degree from a UK medical institution or are currently in a training post) then there is no advantage in switching to FLR(M).

Even if you choose to switch to FLR(M) - depending on your circumstances - you will be covered by the old rules.

priya26 · Post by **priya26** » Tue Sep 25, 2012 4:13 pm

Thank you for your immense help.

I think I will apply for FLR ( M ) then since I don't want to be bound by the doctor in training clause.

Also is it okay for me to apply at a later date than my husband for my FLR ( M) say on the 10th of november or something?

What is my visa status between when My husband is granted ILR and I apply for the FLR ( M) ?

My Husband's tier 1 visa is due to expire on the 18th of November.

Another question? I am on Tier 1 dependent visa as of now. So I wonder why I even need to apply for another visa ? can't I just stay as a tier 1 dependent on the current visa without applying for a fresh visa again ?

Post by **geriatrix** » Tue Sep 25, 2012 4:55 pm

What is the expiry date of your current leave?

priya26 · Post by **priya26** » Tue Sep 25, 2012 5:09 pm

It expires on the 18th of November. What do you suggest I do?

Post by **geriatrix** » Tue Sep 25, 2012 6:23 pm

If you are a doctor in training and/or your current leave has no restriction on employment in training post, then extend as a PBS dependant.
If your current leave is endorsed with the said restriction but you aim / wish to be employed in training post, switch to FLR(M).

When to apply for FLR(M)?

1. If dependant's leave is due to expire at the same time as the main migrant or within a short time after main migrant applies for settlement - Apply for extension at the same time as the main migrant applies for settlement.

2. If dependant's leave is due to expire before main migrant expects to receive a decision on his/her settlement application - You may wish to wait until reference number of the (main migrant's) settlement application is received, so that the same can be referred to in the dependant's extension application.

In either case, make sure that it is mentioned in a covering letter that the main migrant is applying / has applied for settlement and provide necessary personal details of main migrant - name, dob, nationality, passport no., settlement application reference no. (if dependant applies after ref. no. has been received - to help UKBA tag the dependant's application to the main migrant's settlement application.Always apply before expiry of current leave.

Whatever you may wish to do (PBS dependant or FLR(M)), you must submit your application before your current leave expires.

priya26 · Post by **priya26** » Tue Sep 25, 2012 7:30 pm

Thank you so much.

Post by **geriatrix** » Tue Sep 25, 2012 7:39 pm

Since you still have time before you need to apply, you may wish to contact UKBA to get a written clarification about the "no employment as doctor / dentist in training" restriction that appears will remain when a PBS dependant extends leave as a PBS dependant when the main migrant applies for / receives settled status.

My responses and suggestion are based on my understanding of the relevant rule as on date.

priya26 · Post by **priya26** » Tue Sep 25, 2012 7:48 pm

You suggest I email UKBA?

Another clarification.

If I apply under FLR (M) or as a dependent of PBS how long will I have to wait before I can apply for the ILR ?

Also I am unemployed and have not maintaned funds will that affect the granting of visa to me ? However my husband meets the salary requirement and maintainance of funds.

priya26 · Post by **priya26** » Wed Sep 26, 2012 12:43 pm

I have finally booked an appointment for FLR M

I am confused about one thing.

Since I was granted leave to remain as a dependent of tier 1 general visa holder and came to the UK in April 2011, do I need to complete 5 years or 2 years before I can apply for the ILR ?

Could someone please help ?

harv · Post by **harv** » Wed Sep 26, 2012 12:54 pm

It will be 2 years before you can apply for ILR from April 2011.

Post by **geriatrix** » Mon Oct 15, 2012 5:02 pm

priya26 wrote:I called the UKBA today asking them if It was okay if I submitted the letter my husband gets on the day he goes for his ILR appointment was okay, they said they dont know and it depends on the caseworkers, but they usually want the BRP cards from the sponsor when the spouse applies for FLR M

In my case since my FLR M appointment is just 4 working days after my husband's SET O application it wont be practically possible to submit my husbands BRP card and also we have our PEO appointments at different centres.

My leave to remain expires on the 3rd week of November. Could anyone please suggest what I need to do be doing?

Post by **geriatrix** » Mon Oct 15, 2012 5:06 pm

The letter confirming either grant of settled status or submission of a settlement application (in case settlement decision is deferred) will be sufficient.

priya26 · Post by **priya26** » Mon Oct 15, 2012 5:17 pm

sushdmehta wrote:The letter confirming either grant of settled status or submission of a settlement application (in case settlement decision is deferred) will be sufficient.

If my husband's application is deferred will I still be able to apply for FLRM?

Since you are the moderator and have read through a lot of posts, I kindly ask you , Do you know anyone here before who has been in this situation and has been granted a FLRM ?

Post by **geriatrix** » Mon Oct 15, 2012 6:23 pm

Where is it written that an FLR(M) application cannot be made until the principal migrant's settlement application has been approved first? That the principal migrant has applied for settlement is sufficient enough ... and in such case approval of FLR(M) application will depend on the approval of the settlement application and your FLR(M) application (in person / postal) will also be deferred until a decision on the settlement application is arrived at.

Don't worry without a reason. You are not the only one whose dependant leave is expiring at the same time as your spouse's (principal migrant).

priya26 · Post by **priya26** » Tue Oct 16, 2012 5:32 pm

Okay thanks a lot.

I have another question. Someone just told me that since I have not completed 2 years in the UK, I can't apply for FLR (M) and I should apply under FLR ( O)

Is it true?

Please help.

Post by **geriatrix** » Tue Oct 16, 2012 11:45 pm

You need to stop believing in gossip! When people tell you such "stories" ask them to refer you to the relevant immigration rules to substantiate their stories.

priya26 · Post by **priya26** » Wed Oct 17, 2012 1:00 pm

Alright. I called up the UKBA again today and they said I don't need to complete 2 years to apply for FLR ( M).

Many thanks for your help

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Which visa category to apply under?

Which visa category to apply under?

How about FLR m?