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mak2000 · Junior Member Joined: 18 Sep 2011 Posts: 11

Hi Everyone, this is my first question in any forum, so pleas help me out.

I now have ILR which was granted in July 2011. I came to the uk in 2000, and in 2007 had HSMP, my wife joined in the uk in May 2008, and in 2009, i had another 3 years in Tier 1, and my wife now has Tier 1 dependant until Nov 2012. We still are together. But in May this year i applied for ILR got in July 2011 on the basis of Long Residence (NOT as in Tier 1). I am now confused whether my wife should apply for ILR using SET(M) or FLR using FLR(M).

Few days ago i went to Glasgow PEO where i appleid for FLR (M) for my wife which i thougth was right, but there the IO told me that she is should had applied within 28 days of me getting ILR. And she is illegal as she is no longer dependant of a Tier 1 person.

Iam confused and not sure whom to approach, as it is nowhere written in the UKBA website regarding this 28 days rule. Sorry for the long post, i hope someone of u might let me know the right info.

Many thanks

sushdmehta · Posted: Sun Sep 18, 2011 8:21 pm Post subject:

FLR(M), then SET(M).

Given that she has been in the UK since 2008, she may apply for SET(M) as soon as she is granted FLR(M) leave.

Current Tier 1 (General) dependant leave is valid unless it is curtailed, expires or she travels abroad.
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fora · Member of Standing Joined: 22 Jun 2011 Posts: 118

but she is not Tier1(General)
She is Tier 1(General)dependant.
She should have applied within 28 days to change her visa status for FLR(M) straight after her husband got ILR (...if i am not mistaken)

vinny · Moderator Joined: 25 Sep 2007 Posts: 12094

I cannot see any immigration rules stating that she must switch within 28 days, following her husband's ILR.
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mak2000 · Junior Member Joined: 18 Sep 2011 Posts: 11

I have rang UKBA yesterday,they confirmed that my wife have to apply for FLR (M) first and once its issued can go on to apply for ILR immediately via SET (O) as she has been in the uk for more than 2 years. When asked if she can apply for ILR via SET (O) NOW, they said she can but it will be upto the IO's discretion to grant or not. Many thanks for all. I will be applying via post for FLR (M).

Many thanks

mak2000 · Junior Member Joined: 18 Sep 2011 Posts: 11

I am planning to apply by Post for FLR (M), thank you all for your help in this regard, its a indeed a great place to share right information, thank you once again

sushdmehta · Posted: Mon Oct 03, 2011 5:17 pm Post subject:

sushdmehta · Posted: Mon Oct 03, 2011 5:18 pm Post subject:

287(a)(vi).
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sushdmehta · Posted: Fri Oct 28, 2011 11:16 am Post subject:

sushdmehta · Posted: Fri Oct 28, 2011 11:16 am Post subject:

mak2000 · Junior Member Joined: 18 Sep 2011 Posts: 11

Since i was issued ILR on 28/Jun/2011, and she has obtained FLR(M) in October 2011, will that in anyway count against her, saying that she should have changed her visa within 28 days of my receiving ILR. Please advise.

sushdmehta · Posted: Fri Oct 28, 2011 11:46 am Post subject:

No. There is no such requirement. As long as she made an in-time application for FLR(M), she is fine.
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mak2000 · Junior Member Joined: 18 Sep 2011 Posts: 11

Thank you so much, just need to clarify one last thing. Is there any number of days she should not be out of UK, Please advise us.

shawinam · Posted: Wed Nov 02, 2011 11:55 am Post subject:

mak2000 · Junior Member Joined: 18 Sep 2011 Posts: 11

Have been to Glasgow PEO for my wife's ILR, as detailed above regarding her visa history. She was NOT granted ILR, saying that she has to be on FLR (M) for 2 years, and then need to apply for ILR. I am confused as i was earlier that, when i spoke couple of times to the UKBA, one of them said she can and the other said she can't. To verify this i spoke to a solicitor in London, who confirmed she can, i could not apply through this solicitor because her fee was too high.

Anyways the good thing was the PEO did not take the visa fee before they said what they had to say. I am back to square one, and would need help.

SHAWINAM, could you please post the reply from UKBA, once you have received an answer from them, could appreciate it.

sushdmehta · Posted: Wed Nov 09, 2011 1:29 pm Post subject:

AFAIK, there is nothing in the rules to suggest that 287(a)(i)(d) applies to dependant of a migrant who has been granted settlement as an economic migrant (e.g. - HSMP / PBS) only and not applicable to dependant of a economic migrant (in a category that leads to settlement) who instead applied for and has been granted settlement under long residence.

mak2000 · Junior Member Joined: 18 Sep 2011 Posts: 11

Hi Everyone

Been to Glasgow PEO yesterday, at last got my wife's settlement - Permenant Residence. The office initially said no, but later when i showed him a copy of the Section 287 (a)i(d), he was convinced that he was wrong, no further hurdles, i was told to wait for 2 hours and then my wife's ILR was granted.

Many thanks for all those who suggested me on this way.

Regards

sunil.suneel · Senior Member Joined: 31 May 2006 Posts: 422

vinny · Moderator Joined: 25 Sep 2007 Posts: 12094

sunil.suneel · Senior Member Joined: 31 May 2006 Posts: 422

Accordingly, as in my case, I am applying for my ILR in March, but my wife would be completing 2 years on October 2012 and has valid tier 1 dependent visa until then. Am I correct in stating, I don't need to get her FLR(M) and can directly apply for ILR in October 2012 ?