Immigrationboards.com

ashkitty · Junior Member Joined: 07 Jun 2011 Posts: 12

I have been in the UK since the past 6 years, mostly on a student visa. This year in Feb 2012, I switched to my husband's dependant visa, which expires in March 2013. He is now going to apply for his ILR this month.

1. Can I apply for any ILR with him? Although right now I have not completed the 2 year marriage period required, by the time my visa expries, I would have completed this period.

2. if not, will I have to apply for another leave to remain and then re-apply when I have completed the 2 year period?

3. In order to extend my current leave to remain as his dependant, will I have to use the FLR(M) form or the SET (M) form

looking forward to a speedy reply...we are planning to get a date in the next couple of days ...

Thanks a ton

sushdmehta · Posted: Sun Oct 21, 2012 4:50 pm Post subject:

Since when have you two been living together?
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Lucapooka · Guru Joined: 14 Aug 2011 Posts: 6518 Location: Brasil

1. No, you need to wait until you have been married for two years.

2. That depends on whether your current leave will expire before your 2nd wedding anniversary.

3. If you do need to extend, it would be with FLR(M)

sushdmehta · Posted: Sun Oct 21, 2012 6:17 pm Post subject: Re: dependant visa

ashkitty · Junior Member Joined: 07 Jun 2011 Posts: 12

ashkitty · Junior Member Joined: 07 Jun 2011 Posts: 12

we got married in Fen 2011 and have been living together since July this year. This was only because I was studying in Manchester until then. The visa runs out in March and by then we would have been married for 2 years, though we would have to apply for the ILR before then. Can I then with him? please advise...

sushdmehta · Posted: Mon Oct 22, 2012 12:47 am Post subject:

1. For simplicity I would say no. Not that it is not possible but you'll need to provide evidence of travel to see each other, cohabitation etc. during the short periods you may have been together while you were a student and also a detailed explanation of your circumstances.
2. Assuming your spouse is applying for settlement as an economic migrant, read Dependants of ILR (economic, 5 year route) applicants.
3. Same as above.
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ashkitty · Junior Member Joined: 07 Jun 2011 Posts: 12

Hello guys and gals,

thanks for your speedy reply. I very much appreciate it.

as it now seems from your replies, I will have to apply for a leave to remain for the time being rather than the ILR. This, as you have indicated will have to be done using a FLM (M) form and I sense this will be only after my hubby gets his ILR.

however the ILR may take time and both our visas expire together. hence is it alright to apply for a leave to remain as his dependant along with him, where he is the main applicant applying for ILR and I am his dependant applying for an extention in my leave to remain.

Many thanks...another fast reply would be great, since appointment is still pending till this issue is resolved.

vinny · Moderator Joined: 25 Sep 2007 Posts: 12122

vinny · Moderator Joined: 25 Sep 2007 Posts: 12122

As already answered, you should not switch to FLR(M), unless your husband had applied for ILR under Long residence. So, if he was granted ILR under Long Residence, then you may switch to FLR(M), else apply for (Further or Indefinite) Leave to Remain as a PBS dependant, as appropriate.

If you make a valid in-time application, then you may continue to work. However, a problem is that the UKBA may be unable to confirm your right to work.
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