Arsal385 wrote:
Many Thanks Shahjee. That answered all my questions. God bless
I asked another question in the other pages, but no answer, can you help me with that one (as below) please? Thanks again
I can apply for my ILR(10 years) now, and my husband (currently my PBS dependent-Valid until May2015) wants to apply for FLR(M) when my settlement is approved. The problem is that he has to leave the UK around mid-December 2015 for business for about a week, and then apply for FLR(M) on his return.
My questions is, if I apply for my settlement now, when exactly my previous PBS visa (and his consequently) will become invalid? at the time of application? at the time of biometric? or at time of approval for settlement? and when is the latest he can leave and return to the UK with his current dependent visa?
As a good practice, as soon as you receive approval on your SET LR then your husband will need to apply his extension as a dependant of a settled person through FLR (M) application. There is no hard and fast rule that your husband stay in the UK will be invalid after your SET LR approval, He can stay in the UK until his visa valid but it may create a problem if he travels abroad and returns to UK again. So taking this into account it is always a good idea to change his visa status before he wants to travel abroad.
Based on the current google drive tracker. If you apply for your SET LR application now, you will get your approval by the end of January or February next year so he is safe to travel abroad in December this year for a week.
Also bear in mind if your husband will need to spend 5 years in the UK on FLR (M) in order to be eligible for ILR and all of his current stay will be disregarded by HO.
Shahjee bhai can assist you further with his more solid response.[/quote]
Hi Saman.NJ,
I agree with Arsal385 to the extent that your husband should change his status as soon as possible once you get your ILR, but with your application pending in the month of December, will it be a wise for him to travel abroad ? Frankly I will not advise this, although his status is still legitimate but is it good enough for him to travel ? Frankly you should get clear answers to these questions before he even think to travel, as you don't want to jeopardise his legitimate stay for any small little misunderstanding of the rule.
Fully agree with Arsal385, on your husband validity of previous status after you are granted ILR, but he has to change it to that of Dependent of a Settled person through FLR(M) before he plans to travel abroad.
Hope it helps. All the best.
Kind regards
Shahjee