ILR applications for PBS deps - spouse long residence

[sabriz]

i got ilr in this year on long residence basis bfor i was on tier1 general and my wife came on that dependant visa ,she is still on dependant visa of tier 1 genegral visa and its valid till 2016 she is in this country from 2011 sep ,is she can stay on same visa as she already completed 3years and remainnig 2 years left for ilr. or she has to apply flr(m) if she apply for that so its going to be 5years from now,can u plz help me out what to do

[aurnoc]

Hi All
i wonder if someone can answer these questions

what changes has taken place for dependents, do they have to be in UK with main applicant (10 year route) for more the 5 year or can They apply without any time constraint and is it compulsory to change the status of dependent within 28 days of receiving 10 year long residence ilr even if they have a valid leave to remain left
if someone can answer these queries i would be grateful

Thank You

Main applicant is granted ILR on 10 year basis, then under new rules their dependent has to complete 5 years on FLR M and then apply for settlement. Previous stay in UK will not count and settlement clock is reset for further 5years from the date FLR M is approved.

The 28 days is not mentioned however all discussions on this forum conclude its best to switch as early as possible.



Members of this forum who have been affected by this new rule are discussing ways of challenging it. Please join us on our page:

https://m.facebook.com/groups/716996288 ... up_comment

@sabriz: The above applies in your case. Also, your wife cannot travel on PBS dependent visa. She must switch before travelling. You can call HO and ask them to be really sure of what to do.

[wasim3421]

Hi.
i am looking for some information about my wife's visa. she came to uk in 2011 as my Tyre 4 student dependent. i got indefinite stay few months back but during this process my wife's visa was running out, so following ukba guideline i send her back home 2 months before her visa expired (Aug 2013). now i got settlement visa (indefinite through ILR(lr) ) but my wife is back home with no visa. can you please advice me what she need to apply as and which form to fill in.
thanks

[rasheedabdul786]

Amber wrote:
It would be the Financial Requirement 7A, so far as working legally, incomes can be combined. A1 English also required.


Hi Amber,
I need a help regarding the financial requirement 7A . As you mentioned before the incomes can be combined just wondering whether I am fine or not with Minimum income threshold of £18,600.In my situation my wife is working full-time and i am working part-time bcoz i look after my 3yrs old son.
my wife's gross Annual income is £35,000(started her job in February 2014, still working)
my gross Annual income is £8,000(though i was full-time till feb2014 but gone to part-time as soon as my wife started working in feb but if i calculate my earnings from august 2013 till august 2014 it is coming upto £13,500)

So based upon above earnings I want to know whether we fullfill the financial requirement of £18,600 or not and under which financial category do we fall category A or category B



RASHEED

Category A, its for employees.

Combined income seems more than sufficient. You will have to provide last 6 months payslips and corresponding bank statements.

Thanks Aurnoc for your response..

Hi guys,
Need some help filling the flr m application for my wife who is having appointment on 2nd sep.My wife came to uk on 10th june 2010 as my tier 1 general dependent and i got ILR under 10yrs long residence..I have following doubts on the questions below

1).2.2 Is this the first time you have applied for a visa or extension of stay in one of the above categories (including previous leave granted as a fiancé(e) or proposed civil partner) with your current sponsor?
yes/no

2).2.3 Please indicate what stage of extension of leave you are applying for or why you are choosing to extend your current leave in one of the above categories.

First period of leave to remain (following an initial period of entry clearance as a partner of a settled person, or following an initial period of entry clearance as a fiancé(e) or proposed civil partner of a settled person - 6 months)

Second period of leave to remain (following initial grant of leave to remain).

You are making a first application from within the UK but have not previously had leave to enter/remain as a partner.

3).section 4 about dependent children as i have applied for son's mn1 so do i need 2 fill this section or not?

4).though my wife came before 9th july 2012 still i m showing income threshold of £18,600 through my wife's income and my income so i filled the section 7a so do i need to fill section 7b maintenance funds as well?

5).I am submitting the following documents for cohabitation
Marraige certificate,son's u.k birth certificate,current tenancy agreemen(covers 6mth),previous house tenancy agreement(covers 2yrs),electrol registration from previous house, joint bank account(covers only 2months),MN1 acknowledegement letter from home office with both parent's name mentioned,my driving license, my wife's NI letter,previous home office letters from previous house when we applied for teir 1 extension,my two bank statements,my wife's bank statements,my p 60,my wife's p 60. Will these documents be enough ?

I would really appreciate if any experts on this forum can clear me the above doubts....

Thanks in advance
Regards,
rasheed

[aurnoc]

Congratulations on your ILR. I'm answering your queries according to my understanding as I also went for PEO on 28th for my FLR M.

1 - 2.1 and 2.2 are connected. According to your post, currently she has leave to remain as a PBS dependent . Your wife will be using form FLR M for applying for an extension of stay as a spouse of present and settled person.

Now reread the question and you will understand that YES this is the FIRST time she is applying in this category.

2 - 2.3 is a continuation question. She is making the FIRST application in this category from within the UK.

3 - Can't help you. No kids so no idea

4 - You only need to fill the section that applies to your current situation. Please keep in mind that HO uses two terms. One is 'PBS dependent ' and other is 'spouse/partner of a settled person. While reading form and guidance notes just remember this difference.
You will need to submit payslips/bank statements etc as evidence for financial requirement or maintenance.

5 - That's a good list of documents to submit.

Wish you best of luck for 2nd Sept.

[rasheedabdul786]

Congratulations on your ILR. I'm answering your queries according to my understanding as I also went for PEO on 28th for my FLR M.

1 - 2.1 and 2.2 are connected. According to your post, currently she has leave to remain as a PBS dependent . Your wife will be using form FLR M for applying for an extension of stay as a spouse of present and settled person.

Now reread the question and you will understand that YES this is the FIRST time she is applying in this category.

2 - 2.3 is a continuation question. She is making the FIRST application in this category from within the UK.

3 - Can't help you. No kids so no idea

4 - You only need to fill the section that applies to your current situation. Please keep in mind that HO uses two terms. One is 'PBS dependent ' and other is 'spouse/partner of a settled person. While reading form and guidance notes just remember this difference.
You will need to submit payslips/bank statements etc as evidence for financial requirement or maintenance.

5 - That's a good list of documents to submit.

Wish you best of luck for 2nd Sept.

THANKS Aurnoc for your answers really appreciate for ur response. Still i m confused about the question 2.3 and about the section 4 about dependent children..

[aurnoc]

Let me try and rephrase :

Previous Category : PBS Dependent

New Category : Spouse of a person settled in the UK

2.1 Tick the box in which category you are applying? Spouse of person settled in UK

2.2 Is this 1st time you are applying in this category which you ticked above? Yes this is the first time applying as spouse of a settled person.

2.3 Please indicate what extension you are applying for? You are making first application from within UK but have not previously had leave to remain as a spouse or partner.

Why? Because previously she had leave to remain as a PBS dependent which was a different category

[Tazz]

Hi Amber
I have a question regarding my wife settlement, I just applied my ILR in August 2014 on 10 year basis, as I am currently hold tier 1 entrepreneur visa which is going to expire in August 2016.

My wife came to uk in June 2006, and she is also have the tier 1 dependant visa till aug 2016

My question is when I got my ILR do I have to submit flr(m) and need to show £18600 income or can I go for set(m)?

Or can she stay on the same tier 1 entrepreneur visa until she got her 10 yrs in June 2016 and than apply for her ILR on 10 yrs basis? Rather than go for flr(m) and get another 5 yrs to get settled

Your answer will be much appreciated.

Regards
Taz

[aurnoc]

Hi Amber
I have a question regarding my wife settlement, I just applied my ILR in August 2014 on 10 year basis, as I am currently hold tier 1 entrepreneur visa which is going to expire in August 2016.

My wife came to uk in June 2006, and she is also have the tier 1 dependant visa till aug 2016

My question is when I got my ILR do I have to submit flr(m) and need to show £18600 income or can I go for set(m)?

Or can she stay on the same tier 1 entrepreneur visa until she got her 10 yrs in June 2016 and than apply for her ILR on 10 yrs basis? Rather than go for flr(m) and get another 5 yrs to get settled

Your answer will be much appreciated.

Regards
Taz

Hi Tazz,

You can call HO to get the best answer whether she needs to switch or not n how soon must she switch etc.

She cannot travel until she switches, do keep that in mind.

When applying FLR M, you must fulfill all requirements which include the financial requirement.

Even if she switches to FLR M, she can still apply for settlement using the SET LR form once her 10years are complete in 2016.

[Tazz]

Hi Amber
I have a question regarding my wife settlement, I just applied my ILR in August 2014 on 10 year basis, as I am currently hold tier 1 entrepreneur visa which is going to expire in August 2016.

My wife came to uk in June 2006, and she is also have the tier 1 dependant visa till aug 2016

My question is when I got my ILR do I have to submit flr(m) and need to show £18600 income or can I go for set(m)?

Or can she stay on the same tier 1 entrepreneur visa until she got her 10 yrs in June 2016 and than apply for her ILR on 10 yrs basis? Rather than go for flr(m) and get another 5 yrs to get settled

Your answer will be much appreciated.

Regards
Taz

Hi Tazz,

You can call HO to get the best answer whether she needs to switch or not n how soon must she switch etc.

She cannot travel until she switches, do keep that in mind.

When applying FLR M, you must fulfill all requirements which include the financial requirement.

Even if she switches to FLR M, she can still apply for settlement using the SET LR form once her 10years are complete in 2016.

Hi Aurnoc

Thanks for your reply and the solution of my query, this is the same scenario I was thinking, I'll call HO and get the answer from them let see what they said to me, looks like it will be the same answer.

Thanks again for the reply
Regards
Tazz

[skywatcher]

plz sign e-petition


http://epetitions.direct.gov.uk/petitions/65556

[Ru2]

hello mustansir
i checked with the home office, they said that even if one get ILR, Their dependent don't have to get their visa status changed within 28 days. they can change when their own visa is about to get expired irrespective of their spouse ILR status

The advice that I have seen briefly on this forum seems to suggest that dependents of those that obtain based on ILR (LR) who have been tier 1 dependents should switch their visa to a dependent of a settled person asap or they would not be able to travel out of the UK and back. However hardip03 seems to contradict this with the above post. Those that are saying otherwise, are you saying this having spoken to the home office?

[aurnoc]

Hi Ru2

http://www.immigrationboards.com/immigr ... 43881.html

I would advice that you call HO and see what they tell you. Unfortunately there is no standard answer from them.

Also keep in mind that before 6th April rule, timing of FLR M was not so crucial. Now the whole scenario has changed. The sooner a dependent switches, the sooner the 5year clock starts.

Hope it helps your concerns.

[ali45]

Hi everyone
I am switching to ILR next month and my wife got T1 dependent visa but she is still in pakistan for some reason she might b travel b4 i send off my ILR app,but my question is just in case if she cnt travel before my app and until my ILR app decision can she travel on her T1 dependent visa kindly help.

[RizwanAhmed]

Need advice from any senior member of forum PLZ>>>>!!!!!

I got my ILR in Feb 2014 on 10 years residency some personal reason I couldn’t apply for my wife FLR(m) before April 2014. I applied on 2nd Oct 2014 at PEO and got approval for my wife. On that letter the case worker did not mention for how long he gave visa to my wife. Just mentioned your BRP will be delivered within 7 days etc….

Is that normal practice to not mention visa duration?????

At the end on letter after his signature there is rectangular box and in that box is mentioned “ If you are planning to apply ILR use SET(M) form and further information please visit http://www.gove.....”

Any idea what is that? Did he consider her within old rule? Or new? As he gave information for ILR in that box which is the last thing mentioned on that letter

Any advice plz?????

Thanks

Regards
Riz

[esmsi]

BAD NEWS

Recently one of my friends set(M) is refused in PEO.
I advice him not to apply since I know rules has changed. He got FLR(M) after 6th April 2014.
Main applicant 10 years ILR

[aurnoc]

Yes she can travel on her Tier1 dependent visa. There should not be any problem as until your ILR is approved, your status will remain the same.

Hi everyone
I am switching to ILR next month and my wife got T1 dependent visa but she is still in pakistan for some reason she might b travel b4 i send off my ILR app,but my question is just in case if she cnt travel before my app and until my ILR app decision can she travel on her T1 dependent visa kindly help.

[aurnoc]

I will have to check on my FLR M letter. Mine stated that 60 months must be completed on this visa before applying for settlement.
Duration of visa is not mentioned on letter as its a standard letter issued to all. All applications made after 6th April have been dealt with new rule. Among hundreds of members here, nobody has reported any exception.

Need advice from any senior member of forum PLZ>>>>!!!!!

I got my ILR in Feb 2014 on 10 years residency some personal reason I couldn’t apply for my wife FLR(m) before April 2014. I applied on 2nd Oct 2014 at PEO and got approval for my wife. On that letter the case worker did not mention for how long he gave visa to my wife. Just mentioned your BRP will be delivered within 7 days etc….

Is that normal practice to not mention visa duration?????

At the end on letter after his signature there is rectangular box and in that box is mentioned “ If you are planning to apply ILR use SET(M) form and further information please visit http://www.gove.....”

Any idea what is that? Did he consider her within old rule? Or new? As he gave information for ILR in that box which is the last thing mentioned on that letter

Any advice plz?????

Thanks

Regards
Riz

[aurnoc]

You advised your friend correctly, Emsi.
If you can please forward our Facebook group (link in my signature) to your friend. Thanks.

BAD NEWS

Recently one of my friends set(M) is refused in PEO.
I advice him not to apply since I know rules has changed. He got FLR(M) after 6th April 2014.
Main applicant 10 years ILR

[ali45]

Many thanks aurnoc

Yes she can travel on her Tier1 dependent visa. There should not be any problem as until your ILR is approved, your status will remain the same.

Hi everyone
I am switching to ILR next month and my wife got T1 dependent visa but she is still in pakistan for some reason she might b travel b4 i send off my ILR app,but my question is just in case if she cnt travel before my app and until my ILR app decision can she travel on her T1 dependent visa kindly help.

[galaxy122]

Documents list for ILR dependant
Hello everyone, I am new to immigrationboards.com and I have a query regarding the documents that need to be provided for ILR dependant file. My husband has applied for his ILR on the basis of his 10 years stay in the UK and is expected to get it soon. I will then soon be joining him as his dependan...

[jignesh455]

Documents list for ILR dependant
Hello everyone, I am new to immigrationboards.com and I have a query regarding the documents that need to be provided for ILR dependant file. My husband has applied for his ILR on the basis of his 10 years stay in the UK and is expected to get it soon. I will then soon be joining him as his dependan...

First and foremost you need to meet the financial (£18,600) and english requirements for your wife. The financial requirements includes 6-months bank statements and 6-months payslips. You wife must pass the english exam. Since your wife does not live in the UK at the moment am afraid she cannot use form FLRM, but i think she can use form VAF4A and please fill out Appendix-2 as directed in the application form. Please follow the link below;

https://www.gov.uk/government/uploads/s ... /VAF4A.pdf

https://www.gov.uk/government/uploads/s ... endix2.pdf

https://www.gov.uk/government/uploads/s ... lement.pdf

You should complete Appendix 2 if you wish to come to the UK as:
• The spouse or civil partner of someone settled in the UK; or
• The child of a parent who is applying for entry clearance as a partner or the child who is applying to join their parent who is already in the UK and has been granted limited leave as partner granted under the Immigration Rules in force on 09 July 2012; or
• The fiancé(e) or proposed civil partner of someone settled in the UK; or
• The unmarried or same sex partner of someone settled in the UK; or
• The Post Flight family member (spouse or civil partner, unmarried or same-sex partner, fiancé(e) or proposed civil partner, or child) of someone with limited leave to enter or remain in the UK as a refugee or is the beneficiary of humanitarian protection.

Hope this helps Other experienced members please give your advise to Ima. Thanks[/quote]

Which English test should she take, IELTs, Toefl amd what's the minimum band required?
Do I have to attach her Educational documents as well?
Do you know what's the average time scale for such applications thesedays?

My understanding was that I would be the only one filling out the form and submitting the application from UK but little confused about her being required to fill out form too from back home. Are we supposed to submit separate applications from within UK and from back home? Please advise.

I'm really grateful for your time and responses.

Many thanks,

Ima[/quote]

Hello Ima,
you will have to submit your wife's application from your home country since she doesn't live in the UK. You will include your marriage certificate as well as the English language requirements check the links I sent you on documents required for the application you will find the English language requirements and the type/band required.
You only need to submit ONE application only and this is to be submitted in the country your wife is currently residing.[/quote]

Thank you for further clearing my doubts. I have created a checklist of the documents for myself and my wife. Please confirm if I'm missing anything

My Documents:

- Appendix 2 (VAF 4A) Financial Requirement Form
- 6 Months Payslip - showing I earn £18,600 per annum
- 6 Months Bank Statements
- Employers Letter - is it mandatory?
- Letter from Landlord confirming there is enough space to accommodate?
- Marriage Certificate
- Wedding Pictures

My Wife Documents:

- Personal Details Form (VAF 4A) Family Settlement Application Form
- All her Passports
- Two Passport size pictures
- English Test Certificate - CEFR A1 level 1 or equivalent
- TB Test Report
- Degree Certificate - is it mandatory?

[s_z]

Hi
Any favourable rule for Long residents dependants on 6th nov 2014 ?Although have Visa till 2016 but came to know after Coming to Pakistan for Holidays?any opinions?currently in pbs dependants Visa as husband was on tier 1 before his indefinite.

[Wassu75]

march 2004: Came uk
2004-2009 : student visa
2009-2010 : no visa
2010-2012 : PSW
2012 : apply human rights on the basis of wife (student in uk) and two kids family
August 2013 : refused
March 2014 : appeal made against decision
October 2014: appeal allowed
Till now waiting for Discreationary leave (DL)to remain in the UK
Appeal Won, How long do I have to Wait. Any1 here got visa. I first applied to HO for visa then they respond me after more then one year i received refusal from them then we made an appeal in march 2014 and got hearing on 04 September 2014 and appeal has been allowed on 10 October 2014 from this i am waiting for BIOMETRIC VISA CARDS CAN ANY BODY Pls guide me in this situation specially asking to experts of this forum.
Thanks

[Rolinking]

Hi Amber,
With this new change(s),may I pls know if an individual on the five years transitional period can truncate it as soon as they themselves accrue 10 years long residence in UK?