Main Applicant to be settled on LR while the dependant need switching.

Sorry for a long shout !!!

I have received the (Appeal outcomes ) from upper tribunal in my favour for ILR on 10 years Long Residence basis. The case was in process since 2020.

Currently waiting for approval email from Home office.
Background :

I live with my Wife as Tier 1 (Ent) Dependant and Two children born in UK.
While LR appeal was in process in Tribunal our Tier1 initial Leave came to an end before it ran out, applied extension in 2022 for myself as main applicant and my wife as Tier 1 dependant. We have submitted the biometrics for Extension application, the outcomes are still pending meanwhile the ILR (LR ) Appeal is granted today.

I have some mix questions and need your assistance ;

1. when can i withdraw our Tier 1 extension applications, now or shall we wait until the approval email ILR LR comes ?
2. Can i get the refund of application fee as the decision is still pending ? (Note the applications were pending for 13 months)
3. As a main applicant i ll be settling on 10 yrs LR Basis. My wife came here as Tier1 dependant, can her application be varied to FLR (FP) now ?
4. My wife was here since 2019 nearly 4 years, whats the best way to protect her 3C leave while Switching to another application ?
5. If I apply for fee viewer application for my wife, while the fee viewer is in process for FLR (FP) , until that time her 3C leave will be continued as i ll be applying this while her Tier 1 dependant visa is already expired now and her tier 1 dependant extension application in process ?
6. While tier 1 dependant extension application is in process , before switching or Varying ( Flr FP ), Can she apply for fee viewer first ? Or fee viewer application is not possible now as she already have finished the valid leave in 2022 ?
7. What are the main required Documents for Fee Viewer Application ?

Thanks in Advance .

I would Really appreciate your help.

1. I'd only do this after the ILR is granted

2. Refunds have their own policy:
Immigration and nationality refunds policy
Process to request a refund for services relating to an immigration application or service

3,4. She simply has to vary her Tier 1E dependant extension to using a new FLR(M) application

5,6,7. Fee waiver? How does she qualify for that and on what basis ?
Have you read the requirements for that ???
https://www.gov.uk/visa-fee-waiver-in-uk

zimba wrote: ↑

Tue May 30, 2023 11:12 am

1. I'd only do this after the ILR is granted

2. Refunds have their own policy:
Immigration and nationality refunds policy
Process to request a refund for services relating to an immigration application or service

3,4. She simply has to vary her Tier 1E dependant extension to using a new FLR(M) application
Will i be able to apply FLR (M) if i do not meet the £18600 income requirements ?
5,6,7. Fee waiver? How does she qualify for that and on what basis ?
I thought if we are on a low income and not have enough savings so she might be able to request for a fee waiver … !
Have you read the requirements for that ???
https://www.gov.uk/visa-fee-waiver-in-uk

I’m not sure after reading the link above wether we can make the request or not !

Thanks alot for your response.

If you do not meet the financial requirement, she cannot apply for FLR M. Fee waiver doesn't apply to FLR M as far as I am aware.

She has to apply for FLR FP which is a 10 years route, 4 X 2.5 year visas.

As Char explained you will end up on the 10-year family route if you or your partner do not meet the min financial requirements. You do not get a fee waiver because you are low income

Noted with thanks …

I’m currently waiting for approval email’ once i get the response i ll be back with some further queries.

Thanks for you response

How many extensions does your spouse need to get to their own ILR?

Or are they on their final dependent extension and they would qualify for ILR if you didn't apply for ILR Long Residence?

secret.simon wrote: ↑

Wed May 31, 2023 6:19 pm

How many extensions does your spouse need to get to their own ILR?

Or are they on their final dependent extension and they would qualify for ILR if you didn't apply for ILR Long Residence?

Actually i came to UK in 2010. When i have completed 10 years 2020’ i applied for ILR on LR basis’ but my application was refused with appeal right so i perused the appeal … also in 2022 when our tier 1 extension due i also applied for extension for myself and Mrs. While the extension was in process finally my Appeal for 10 Yrs LR Granted.
The Mrs has completed initial 3 years on Tier1 (E) dependant. As per my understanding and what i have been informed is she has to vary to Spouse visa or FLR (FP) …

Yes.