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Tier2ICT to LR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

x31122010
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Tier2-ICT to SET(LR)

Post by x31122010 » Sun Aug 30, 2020 3:17 pm

Hello CR001,Zimba and others,

I'd like to continue the discussion in indefinite-leave-to-remain/tier-2-ict-t ... 94921.html.
Assuming, I will apply for ILR via SET(LR) on Jan 25 2021, I have the following queries.

1. When is the earliest date that I can apply for FLR(M) for my spouse and eldest child as there would be a dependency on my SET(LR). Can I apply both on the same date?

2. My spouse and eldest child's route will be FLR(M) in Feb'21 --> Set (LR) in Feb'22. Is my understanding correct?

3. When should we apply for MN1 for the youngest child? Is this after i've been granted ILR? If so, he will without any visa in the UK so cannot travel outside the country.

Thanks!

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Re: Spouse ILR

Post by CR001 » Sun Aug 30, 2020 3:26 pm

1. At the same time you apply for ilr and it must be before their current visa expire. If you irl fails, their FLR M will also fail.

2. Yes, provided they meet the requirement.

3. He can only apply after you have ilr and your bro card. He doesn't need a visa to apply for citizenship. But yes, without a visa he cannot travel and return to the UK.

You also should not post 3 different application questions in one topic. Asking all these questions in the ILR specific sub forum is not appropriate.

There is a family immigration topic for FLR M.

https://www.immigrationboards.com/immig ... y-members/

There is a separate topic for British citizenship questions.

https://www.immigrationboards.com/british-citizenship/
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x31122010
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Re: Spouse ILR

Post by x31122010 » Sun Aug 30, 2020 4:58 pm

As always appreciate the quick response CR001 !
Thank you.

Ive noted your advice and shall be mindful in future posts.

Thanks.

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Re: Spouse ILR

Post by x31122010 » Mon Aug 31, 2020 6:43 pm

Sir/Madam,

As I read through google and this forum on FLR(M), Ive come across the topic of cohabitation proof (lasting 2yrs).

1.Can someone please share the link to the guidance so I can read this?
This link does not make any reference. https://www.gov.uk/uk-family-visa/provide-information

2. Daft question but still I'll ask. We will apply for FLR(M) on 01 Feb'21. This means we'd need proof from 30Jan19 to 30Jan21. However, we moved house in Apr19. im sure we can mention this in a cover/supporting letter.

3. Another daft question. I've found correspondence for year 2013/2016 etc addressed to both of us
Can we use these to prove subsisting relationship?

Thanks.

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Re: Spouse ILR

Post by CR001 » Mon Aug 31, 2020 6:54 pm

1. If you search for FLR M guidance notes on Google you will get it. It is also stated in the immigration rules to prove suabsisting relationship.

2. Correct yes. You also don't need a cover letter. You simply provide documentary evidence covering both addresses.

3. No, they are too old. It can only be the last two years prior to the date if application.
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Re: Spouse ILR

Post by x31122010 » Tue Sep 01, 2020 7:44 pm

Hi CR001, Zimba et al.

Per previous conversation and advise, I am eligible to apply for SET(LR) 28 days before 19th Feb2021 and have been advised that the dependents should apply via FLR(M) route at the same time. However, I am contemplating a different route and seek your advice.

Assume I extend my Tier-2 ICT (via same COS sponsor) in Feb'21 along with my dependents and we ALL get Leave to Remain for another year; by the time we get the BRP etc it would be Apr'21 (prev experience, pre covid, had four month turnaround time). Now, if I proceed to apply for ILR in May'21 (via SET(LR)) can the dependents continue on their Tier-2 ICT dependents visa (until it expires, say in Feb'22) and apply on their individual ILR routes, when they are eligible, as previously suggested.
So in summary, can PBS dependent remain in the UK until the validity of the existing leave - irrespective of ?

I acknowledge, that this route to ILR is dependent (and carries the risk) on the COS sponsor extending my leave to remain for the 5th time!!!

Thanks.

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Re: Spouse ILR

Post by CULLINAN » Tue Sep 01, 2020 9:45 pm

x31122010 wrote:
Tue Sep 01, 2020 7:44 pm
Hi CR001, Zimba et al.

Per previous conversation and advise, I am eligible to apply for SET(LR) 28 days before 19th Feb2021 and have been advised that the dependents should apply via FLR(M) route at the same time. However, I am contemplating a different route and seek your advice.

Assume I extend my Tier-2 ICT (via same COS sponsor) in Feb'21 along with my dependents and we ALL get Leave to Remain for another year; by the time we get the BRP etc it would be Apr'21 (prev experience, pre covid, had four month turnaround time). Now, if I proceed to apply for ILR in May'21 (via SET(LR)) can the dependents continue on their Tier-2 ICT dependents visa (until it expires, say in Feb'22) and apply on their individual ILR routes, when they are eligible, as previously suggested.
So in summary, can PBS dependent remain in the UK until the validity of the existing leave - irrespective of ?

I acknowledge, that this route to ILR is dependent (and carries the risk) on the COS sponsor extending my leave to remain for the 5th time!!!

Thanks.
No. Once you switch to ILR on LR basis, your dependents must switch to FLR(M). Their ILR clock will reset to zero and they have to stay on FLR(M) for 5 years to qualify for ILR. Also, meeting all income/accommodation requirements etc.

Their visa expiry is not relevant even if that expires in 2022. Once you switch to ILR via LR, HO may curtail their visas OR they may be denied entry to UK if they plan to travel.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

x31122010
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Re: Spouse ILR

Post by x31122010 » Wed Sep 02, 2020 6:14 pm

CULLINAN wrote:
Tue Sep 01, 2020 9:45 pm
No. Once you switch to ILR on LR basis, your dependents must switch to FLR(M). Their ILR clock will reset to zero and they have to stay on FLR(M) for 5 years to qualify for ILR. Also, meeting all income/accommodation requirements etc.

Their visa expiry is not relevant even if that expires in 2022. Once you switch to ILR via LR, HO may curtail their visas OR they may be denied entry to UK if they plan to travel.
Thanks Cullinan!
I assume, the switch to FLR(M) is necessitated due to the SET(LR) route. I will now proceed to get appropriate documentation in order in preparation for the application.

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Re: Spouse ILR

Post by x31122010 » Wed Sep 02, 2020 6:39 pm

Hello,

I have been trying to find out more about IHS for the FLR(M) route. I note that the IHS is set to increase from £400 to £624 pa and will be effective from 01Jan2021 and because we are only eligible to apply from 25Jan2021 onwards, we will have to shell out far more. :evil:

Anyways, I have been trying to find out how much IHS is going to cost (based on present slab) via https://www.immigration-health-surcharg ... ecker/type.

Please note that ALL my dependents (Spouse and 2 children) are currently in the UK and will be in the UK at the time of FLR(M) application.

The info I provide (assuming for 1 dependent)
Are you --> "Applying to join somebody (a main applicant) in the UK"
Are you currently in the UK --> Yes
Are you applying to stay in the Isle of Man, Jersey or Guernsey? --> No
Nationality --> Indian
DOB --> True DOB
About the person you are joining in the UK
What is their visa route? --> Further Leave to Remain
What is their visa type? --> FLR (LR)
Visa Expiration Date --> 28 Feb 2021

Now, the result is £200.


My question is
1. whether the £200 is for one year OR the 'internally' derived number of months that the FLR will be granted?
2. Am I choosing the incorrect option and should I be selecting --> "Coming to the UK with dependants"

I am aware that for each dependent, we will have to pay separate IHS.


Thanks,

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Re: Spouse ILR

Post by AmazonianX » Wed Sep 02, 2020 6:53 pm

x31122010 wrote:
Wed Sep 02, 2020 6:39 pm
Hello,

I have been trying to find out more about IHS for the FLR(M) route. I note that the IHS is set to increase from £400 to £624 pa and will be effective from 01Jan2021 It will be effective from 01 October 2020 and because we are only eligible to apply from 25Jan2021 onwards, we will have to shell out far more. :evil:

Anyways, I have been trying to find out how much IHS is going to cost (based on present slab) via https://www.immigration-health-surcharg ... ecker/type.

Please note that ALL my dependents (Spouse and 2 children) are currently in the UK and will be in the UK at the time of FLR(M) application.

The info I provide (assuming for 1 dependent)
Are you --> "Applying to join somebody (a main applicant) in the UK"
Are you currently in the UK --> Yes
Are you applying to stay in the Isle of Man, Jersey or Guernsey? --> No
Nationality --> Indian
DOB --> True DOB
About the person you are joining in the UK
What is their visa route? --> Further Leave to Remain
What is their visa type? --> FLR (LR)
Visa Expiration Date --> 28 Feb 2021

Now, the result is £200.


My question is
1. whether the £200 is for one year OR the 'internally' derived number of months that the FLR will be granted?
2. Am I choosing the incorrect option and should I be selecting --> "Coming to the UK with dependants"

I am aware that for each dependent, we will have to pay separate IHS.


Thanks,

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Re: Spouse ILR

Post by CR001 » Wed Sep 02, 2020 6:57 pm

The info I provide (assuming for 1 dependent)
Are you --> "Applying to join somebody (a main applicant) in the UK"
They are applying to remain in the UK, not joining you.
What is their visa route? --> Further Leave to Remain
What is their visa type? --> FLR (LR)
Visa Expiration Date --> 28 Feb 2021
You don't hold FLR(LR), which is a specific visa category.
1. whether the £200 is for one year OR the 'internally' derived number of months that the FLR will be granted?
IHS is payable for 2.5 years, you need to put an expiry date of your visa for 2.5 years ahead. Note also that it is too early to apply now.
2. Am I choosing the incorrect option and should I be selecting --> "Coming to the UK with dependants"
Which form or link are you using? They are applying to REMAIN in the UK WITH you.





Thanks,
[/quote]
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x31122010
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Re: Spouse ILR

Post by x31122010 » Wed Sep 02, 2020 7:24 pm

Hello CR001,

I used this IHS Checker to find out. This gives you a view of the cost and I understand it may change.

I do not see any option to select 'remain in the UK'. These are the only ones to choose from :
Image


Within each of the options, I do not see the option to select ILR for main applicant. One can select FLR, Tier1/2, PBS etc but these will not be applicable when they apply for FLR(M) as I would have applied for FLR(LR). I am confused :?

Would it be best to assume £1560 (£624 * 2.5) for spouse and £1175 (£470 * 2.5) for each dependent, for budgeting purposes?

Thanks!

x31122010
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Re: Spouse ILR

Post by x31122010 » Wed Sep 02, 2020 7:27 pm

AmazonianX wrote:
Wed Sep 02, 2020 6:53 pm
x31122010 wrote:
Wed Sep 02, 2020 6:39 pm
Hello,

I have been trying to find out more about IHS for the FLR(M) route. I note that the IHS is set to increase from £400 to £624 pa and will be effective from 01Jan2021 It will be effective from 01 October 2020 and because we are only eligible to apply from 25Jan2021 onwards, we will have to shell out far more. :evil:

Anyways, I have been trying to find out how much IHS is going to cost (based on present slab) via https://www.immigration-health-surcharg ... ecker/type.

Please note that ALL my dependents (Spouse and 2 children) are currently in the UK and will be in the UK at the time of FLR(M) application.

The info I provide (assuming for 1 dependent)
Are you --> "Applying to join somebody (a main applicant) in the UK"
Are you currently in the UK --> Yes
Are you applying to stay in the Isle of Man, Jersey or Guernsey? --> No
Nationality --> Indian
DOB --> True DOB
About the person you are joining in the UK
What is their visa route? --> Further Leave to Remain
What is their visa type? --> FLR (LR)
Visa Expiration Date --> 28 Feb 2021

Now, the result is £200.


My question is
1. whether the £200 is for one year OR the 'internally' derived number of months that the FLR will be granted?
2. Am I choosing the incorrect option and should I be selecting --> "Coming to the UK with dependants"

I am aware that for each dependent, we will have to pay separate IHS.


Thanks,
Yes, you are correct. It is applicable to non-EEA nationals from October2020 and to EEA nationals from Jan2021. (£624 for adults and £470 for under-18)

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Re: Spouse ILR

Post by CR001 » Wed Sep 02, 2020 7:28 pm

You select "apply alone".
Within each of the options, I do not see the option to select ILR for main applicant. One can select FLR, Tier1/2, PBS etc but these will not be applicable when they apply for FLR(M) as I would have applied for FLR(LR). I am confused :?
You are not the main applicant. Note also that IHS is part of the online form you do when you qualify to apply for FLR m for your dependents. You can out your current visa category, which based on your previous topic is tier 2. Notr you are NOT applying for FLR LR which is only a two year visa. For ilr you use form SET LR!!

[
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Re: Spouse ILR

Post by x31122010 » Thu Sep 03, 2020 4:49 pm

Thank you Miss CR001.

I have another confusion.
Reading through the forum, Ive read that when switching from any visa to FLR M, there is no need to provide 2years co-habitation proof. (In my case, the spouse will switch from Tier2PBS to FLR M application from within the UK, as I will apply ILR via LR route.

Is my understanding correct?

Thanks.

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Re: Spouse ILR

Post by seagul » Thu Sep 03, 2020 6:58 pm

x31122010 wrote:
Thu Sep 03, 2020 4:49 pm
Thank you Miss CR001.

I have another confusion.
Reading through the forum, Ive read that when switching from any visa to FLR M, there is no need to provide 2years co-habitation proof. (In my case, the spouse will switch from Tier2PBS to FLR M application from within the UK, as I will apply ILR via LR route.

Is my understanding correct?

Thanks.
Yes but still try your best to attach as much as you can the cohabitation evidences to prove subsisting relationship.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

x31122010
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Re: Spouse FLR

Post by x31122010 » Thu Sep 03, 2020 7:29 pm

Thank you seagull.

Another question.
Both my children (under 18) will be added as dependents to the FLR(M) application with my spouse being the primary applicant. I assume we only need to submit copies of their passport, BRP and birth certificates and nothing else related to them is needed.

I am also planning to do a dry-run of the SET(LR) and FLR(M) application to understand how the online form works and get accustomed to it. I will definitely be asking more questions as I go along.
Thank you to all mods that have taken the time to respond to the questions.

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Re: Spouse FLR

Post by seagul » Thu Sep 03, 2020 9:18 pm

x31122010 wrote:
Thu Sep 03, 2020 7:29 pm
Thank you seagull.

Another question.
Both my children (under 18) will be added as dependents to the FLR(M) application with my spouse being the primary applicant. I assume we only need to submit copies of their passport, BRP and birth certificates and nothing else related to them is needed.
Usually the checklist at the end will guide you.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse ILR

Post by x31122010 » Sat Sep 05, 2020 5:35 pm

Thank you.

Question on English language.
For FLR(M), within country application, does the applicant need to complete A2 assessment? (This is not a extension but first time application)

We are thinking of going for B1 so it can be re-used for ILR (in Feb'21).

Any advice?

Thanks.

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Re: Spouse ILR

Post by AmazonianX » Sat Sep 05, 2020 6:17 pm

x31122010 wrote:
Sat Sep 05, 2020 5:35 pm
Thank you.

Question on English language.
For FLR(M), within country application, does the applicant need to complete A2 assessment? (This is not a extension but first time application)

We are thinking of going for B1 so it can be re-used for ILR (in Feb'21). That would be the way to go if possible as it saves you time and money down the line.

Any advice?

Thanks.

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Re: Spouse ILR

Post by seagul » Sat Sep 05, 2020 6:34 pm

x31122010 wrote:
Sat Sep 05, 2020 5:35 pm
Thank you.

Question on English language.
For FLR(M), within country application, does the applicant need to complete A2 assessment? (This is not a extension but first time application)

We are thinking of going for B1 so it can be re-used for ILR (in Feb'21).

Any advice?

Thanks.
A1 test is needed for the initial phase of spouse visa but since B1 is considered more advanced despite being almost similar to A1, therefore, doing it (B1) is more wise to reuse it again (if the rules will remain uninterrupted)
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse FLR (M)

Post by x31122010 » Sun Sep 06, 2020 6:07 pm

Hello,

I am doing a dry run of the FLR(M) application and stumbled upon these questions and need some advice.

Question 1:
Partner's basis for living in the UK?
British Citizen
Settled in the UK
In the UK with limited leave as a refugee or a person with humanitarian protection
EEA National with Permanent Residence
Other

--> I should be selecting 'Other' and state that "My Partner has applied for Indefinite Leave to Remain, on DD/MM/YYYY, with case reference number *******".
Am I correct?


Question 2:
Home Office reference number for 'partner'
--> Here I will have to provide the reference number of the ILR application OR can I provide the reference of last via approval (this was in 2018)

Question 3:
Is this the first time you have applied for a partner route, or an extension, with your current partner (including as a fiancé(e) or proposed civil partner)?
--> We should answer YES because this is the first FLR (M) visa appl. We are in the UK via Tier2 PBS visa.

Question 4:
Please choose the reason you are applying for an extension, this includes if you are switching to a partner visa from another type. (Required)
-First extension as a partner (following an initial period of entry as a partner, or as a fiancé(e) or proposed civil partner of a settled person)
-Additional extension as a partner
-First application as a partner from within the UK (for example, you are currently in the UK on another type of visa or permission to stay)
-You delayed your travel to the UK by more than 3 months after the issue of a visa and have not yet completed the required amount of time on a partner visa (not including as a fiancé(e) or proposed civil partner)
-You require more time to meet the Knowledge of Language and Life in the UK requirements to apply for settlement
-You were granted entry as a fiancé(e) or proposed civil partner, but have not yet married or entered into a civil partnership
-You are applying for any other reason

--> Should be option 3 "First application as a partner from within the UK". All other options are not valid in our case

Thank you.

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Re: Spouse FLR (M)

Post by seagul » Sun Sep 06, 2020 6:34 pm

x31122010 wrote:
Sun Sep 06, 2020 6:07 pm
Hello,

I am doing a dry run of the FLR(M) application and stumbled upon these questions and need some advice.

Question 1:
Partner's basis for living in the UK?
British Citizen
Settled in the UK
In the UK with limited leave as a refugee or a person with humanitarian protection
EEA National with Permanent Residence
Other

--> I should be selecting 'Other' and state that "My Partner has applied for Indefinite Leave to Remain, on DD/MM/YYYY, with case reference number *******".
Am I correct?


Question 2:
Home Office reference number for 'partner'
--> Here I will have to provide the reference number of the ILR application OR can I provide the reference of last via approval (this was in 2018)

Question 3:
Is this the first time you have applied for a partner route, or an extension, with your current partner (including as a fiancé(e) or proposed civil partner)?
--> We should answer YES because this is the first FLR (M) visa appl. We are in the UK via Tier2 PBS visa.

Question 4:
Please choose the reason you are applying for an extension, this includes if you are switching to a partner visa from another type. (Required)
-First extension as a partner (following an initial period of entry as a partner, or as a fiancé(e) or proposed civil partner of a settled person)
-Additional extension as a partner
-First application as a partner from within the UK (for example, you are currently in the UK on another type of visa or permission to stay)
-You delayed your travel to the UK by more than 3 months after the issue of a visa and have not yet completed the required amount of time on a partner visa (not including as a fiancé(e) or proposed civil partner)
-You require more time to meet the Knowledge of Language and Life in the UK requirements to apply for settlement
-You were granted entry as a fiancé(e) or proposed civil partner, but have not yet married or entered into a civil partnership
-You are applying for any other reason

--> Should be option 3 "First application as a partner from within the UK". All other options are not valid in our case

Thank you.
1. Saying "other" will be fine along with a covering letter as what actually the partner has applied.

2. Yes ILR reference number can be given.

3. Correct

4. Yes option # 3 seems more matchable.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse ILR

Post by x31122010 » Sun Sep 06, 2020 6:58 pm

Thanks!

Next set of questions.

Question 5.
I've come across a question on finance requirement and need to select from one of the below
The same amount continuously, above the financial requirement amount
Not the same amount continuously, above the financial requirement amount

Now, my salary is not fixed and varies. This is because, as an expat, the gross salary is dependent on exchange rate etc. However, the amount is well above the minimum of ~24K( for spouse + 2 children).
I reckon, I will have to select the option "Not the same amount continuously, above the financial requirement amount".


Question 6.
Do you won or rent your home?
The answer should be neither as I dont have her as joint owner on the mortgage or the title deeds.

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Re: Spouse ILR

Post by seagul » Sun Sep 06, 2020 7:08 pm

x31122010 wrote:
Sun Sep 06, 2020 6:58 pm

I reckon, I will have to select the option "Not the same amount continuously, above the financial requirement amount".
Yes you can choose that provided willing to supply 12 months of payslips & bank statements as that option until near past probably until now assume itself as if the person is applying under category B despite is under category A.
x31122010 wrote:
Sun Sep 06, 2020 6:58 pm
Question 6.
Do you won or rent your home?
The answer should be neither as I dont have her as joint owner on the mortgage or the title deeds.
Regardless of whoever (you or your partner) is the owner it can still be answered as "own"
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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