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Switching from Tier 1 Dependent to Spouse visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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nadeemshafiq
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Post by nadeemshafiq » Thu Jun 09, 2011 6:35 pm

Thanks Fereneze.

Can anyone confirm point 1 please?

Greenie
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Post by Greenie » Fri Jun 10, 2011 2:31 pm

nadeemshafiq wrote:Thanks Fereneze.

Can anyone confirm point 1 please?
answer yes, as this is the first time your wife has made the application in the category of spouse of a settled person.

i find the paper form is easier to complete than the interactive form.

nadeemshafiq
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Post by nadeemshafiq » Sat Jun 11, 2011 12:51 pm

I have today send all documents for FLR(M) application for my wife.

I am slightly concerned that it has been over 28 days after my ILR stamp date that I have sent her application for visa switching. ILR was stamped on my passport on 10 May but I received my passport back on 20 May from UKBA.

My wife has not traveled outside UK since I got ILR. Anyone think it would be a problem?

Thanks a lot to all members for helping me out with the applications. Much appreciated.

Greenie
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Post by Greenie » Sun Jun 12, 2011 12:15 pm

nadeemshafiq wrote:I have today send all documents for FLR(M) application for my wife.

I am slightly concerned that it has been over 28 days after my ILR stamp date that I have sent her application for visa switching. ILR was stamped on my passport on 10 May but I received my passport back on 20 May from UKBA.

My wife has not traveled outside UK since I got ILR. Anyone think it would be a problem?

Thanks a lot to all members for helping me out with the applications. Much appreciated.
i dont think it wil be a problem.

fajr
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Post by fajr » Wed Jul 27, 2011 11:48 am

I am still not convinced that a switching is required because section 7.13 in HC 863 clearly says there is not need to apply using FLR(M).

I have sent an email to Mr Brown and it bounced back to me. So now sent an email to UKba public enquire email and waiting for their response.

Did anyone find any more informaion regarding this?

Thanks

fajr
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Post by fajr » Wed Jul 27, 2011 3:29 pm

fajr wrote:I am still not convinced that a switching is required because section 7.13 in HC 863 clearly says there is not need to apply using FLR(M).

Thanks
Sadly I have found a reponse where it says dependant visa need to be changed using flr (M)

------------------------------------------------- email -------------------------
Thank you for your email. This has been forwarded onto me by Ben who no longer works in this section.

Part of the paragraph to which you refer (7.13) contains an error in the published document and we are taking steps to rectify this error as soon as is practicable.

The correct position is that dependant partners of points-based system migrants, whose sponsor acquires indefinite leave to remain before they have completed the requisite two year period in the UK, do need to apply to switch their visa status to being the dependant partner of a person who is present and settled in the UK.

The immigration rules sets this out (contained at paragraphs 284, 287 and 319).

The effect of these rules is as follows:
A dependant partner of a points-based system migrant who completes two years in the UK in that capacity and before their sponsor is granted ILR, can apply for ILR at the same time as the sponsor i.e. the dependant partner can apply for ILR under 319E.

A dependant partner of a points-based system migrant who has completed less than two years in the UK when their sponsor is granted ILR cannot apply for ILR under paragraph 319E. They will need to apply to switch their leave under paragraph 284. Paragraph 287 then allows such dependants to count time spent as a PBS dependant and also time as the partner of a person who is settled here towards the necessary two year period for ILR.

I hope this clarifies your query.

Somudro
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Post by Somudro » Wed Sep 28, 2011 9:20 am

fajr wrote:
fajr wrote:/quote]

The effect of these rules is as follows:
A dependant partner of a points-based system migrant who completes two years in the UK in that capacity and before their sponsor is granted ILR, can apply for ILR at the same time as the sponsor i.e. the dependant partner can apply for ILR under 319E.
Thanks for this thread. Does anybody has the documentation of this paragraph. Any link?


My situation is that: I am in UK since 11 Sep, 2002.

1) Student- Sep, 2002 to 31 Jan, 2008 (including 1 year poststudy work)
2) WP- Feb, 2008 to Nov 30, 2009
3) Tier-1(G)- 1 Dec 2009 to present.

It would be 10 years of my stay in UK on 11 Sep, 2012.

My wife:
1) Feb, 2009 to Nov 2008-- WP dependent
2) 1 Dec, 2009-to present-- Tier-1(G) Dependent

My wife's stay in UK would be more than 2 years as a tier-1 (G) dependent on 11 Sep, 2012.

My questions are:
1) Can I apply for ILR based on 10 years on 11 Sep, 2012?
2) Can my wife apply for ILR on 11 Sep, 2012 (as she would be 2 years on
the date as a tier-1 dependent) along with me?
3) Which form would be for my wife and which one is for me?

Lucapooka
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Post by Lucapooka » Wed Sep 28, 2011 9:33 am

1) Yes
2) No
3) FLR(M) and SET(O) respectively (in response to your precise question).

Somudro
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Post by Somudro » Wed Sep 28, 2011 9:47 am

Lucapooka wrote: 2) No
Thanks for the quick response and help. Another Question:

1) When can my wife apply?

Lucapooka
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Post by Lucapooka » Wed Sep 28, 2011 9:53 am

At the same time or soon after you. If she applies at the same time, and you are refused, she will lose her fee also. Additionally, if you do apply at the same time you will have to bundle the paperwork and make it clear that her application must be considered in series with yours. If and when she is granted FLR, she may then immediately apply for ILR using SET(M).

Somudro
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Post by Somudro » Wed Sep 28, 2011 10:15 am

Thanks again. This will help a lot.

Note: Our visa (tier-1,G) will expire on Nov 30, 2012.

Do you mean she needs to appy using FLR application form at the same time as I apply for ILR?

If I apply for ILR on 11 Sep 2012 and if the processing time of my application takes more time (more than 3-4 months, exceeds the date Nov, 2012) then:

1) What would be her visa status if she does not apply before my ILR/dicision?
2) What does she need to do?
Last edited by Somudro on Wed Sep 28, 2011 10:20 am, edited 1 time in total.

Lucapooka
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Post by Lucapooka » Wed Sep 28, 2011 10:18 am

Nov 2012 is more than 12 months into the future!

Somudro
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Post by Somudro » Wed Sep 28, 2011 10:21 am

Lucapooka wrote:Nov 2012 is more than 12 months into the future!
True--but for preparation. :)

Another short questions:

On the contrary of 10 years long-stay residency. My ILR would be due on Jan, 2013 based on 5 years tier-1 visa (WP+tier-1, G=5)?

Whats your suggestion:

1) Shall I go for ILR based on 10 years or tier-1,G?

2) If go for tier-1, it would be 3 months short (4 years 9 months). In this case, I need to extend one time- again cost (£) is a factor.

Suggestion is really appreciated.

Somudro
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Post by Somudro » Wed Oct 19, 2011 3:03 pm

anyone help me please.

Somudro
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Post by Somudro » Wed Nov 16, 2011 12:52 pm

fajr wrote:The effect of these rules is as follows:
A dependant partner of a points-based system migrant who completes two years in the UK in that capacity and before their sponsor is granted ILR, can apply for ILR at the same time as the sponsor i.e. the dependant partner can apply for ILR under 319E.

Is there any reference of this point?

Somudro
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Post by Somudro » Wed Dec 14, 2011 2:39 pm

Any body have the link?

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