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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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Re: Spouse ILR

Post by x31122010 » Sun Sep 06, 2020 7:15 pm

Thank you.

I have now reached the declaration section. The family declaration has this question
I confirm that (tick relevant box)
 I am a British citizen
 I am settled in the UK (I have indefinite leave)
 I have leave to remain in the UK as a refugee / or as a person requiring
humanitarian protection

Now, when we apply for FLR(M), I would neither be a British citizen NOR Settled in the UK.
What is the advise for this?
Should I just add another option to say "I have applied for ILR....."

x31122010
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Re: Spouse ILR

Post by x31122010 » Sun Sep 06, 2020 7:18 pm

seagul wrote:
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. I selected this option and the system has asked to me to provide 6 months bank statement and payslip.
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"OK. We will select this option and submit the title deed/mortgage statement

Thank you.

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seagul
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Re: Spouse ILR

Post by seagul » Sun Sep 06, 2020 7:22 pm

x31122010 wrote:
Sun Sep 06, 2020 7:18 pm

I reckon, I will have to select the option "Not the same amount continuously, above the financial requirement amount".
seagul wrote:
Sun Sep 06, 2020 7:08 pm
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. I selected this option and the system has asked to me to provide 6 months bank statement and payslip.


Glad to hear that finally it has been fixed. So supply the documents accordingly.
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 ILR

Post by x31122010 » Mon Sep 07, 2020 10:37 am

x31122010 wrote:
Sun Sep 06, 2020 7:15 pm
Thank you.

I have now reached the declaration section. The family declaration has this question
I confirm that (tick relevant box)
 I am a British citizen
 I am settled in the UK (I have indefinite leave)
 I have leave to remain in the UK as a refugee / or as a person requiring
humanitarian protection

Now, when we apply for FLR(M), I would neither be a British citizen NOR Settled in the UK.
What is the advise for this?
Should I just add another option to say "I have applied for ILR....."
Can someone pls advise on this?

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seagul
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Re: Spouse ILR

Post by seagul » Mon Sep 07, 2020 12:49 pm

x31122010 wrote:
Mon Sep 07, 2020 10:37 am
x31122010 wrote:
Sun Sep 06, 2020 7:15 pm
Thank you.

I have now reached the declaration section. The family declaration has this question
I confirm that (tick relevant box)
 I am a British citizen
 I am settled in the UK (I have indefinite leave)
 I have leave to remain in the UK as a refugee / or as a person requiring
humanitarian protection

Now, when we apply for FLR(M), I would neither be a British citizen NOR Settled in the UK.
What is the advise for this?
Should I just add another option to say "I have applied for ILR....."
Can someone pls advise on this?
Better to say as if you have ILR and add a covering letter the same you are already intended to attach.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

x31122010
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Posts: 65
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Re: Spouse ILR

Post by x31122010 » Mon Sep 07, 2020 2:23 pm

Thank you again.

I was looking at the guidance of the supporting documents. I assume that bank statements etc can be pdf copies from online portal etc and these do not need physical stamp and certification by bank staff.

All other documents can be simple scanned copies or online copies from website etc.
Do these need to be self attested?

I also saw a statement asking us to submit the original passport (this was on the page before the IHS redirect)


Thanks.

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CR001
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Re: Spouse ILR

Post by CR001 » Mon Sep 07, 2020 2:26 pm

I was looking at the guidance of the supporting documents. I assume that bank statements etc can be pdf copies from online portal etc and these do not need physical stamp and certification by bank staff.
Yes, fine.
All other documents can be simple scanned copies or online copies from website etc.
Do these need to be self attested?
Nothing needs to be 'self attested'. You simply need to upload them.
I also saw a statement asking us to submit the original passport (this was on the page before the IHS redirect)
No originals are submitted to UKVI. The original passport must be taken with to the biometric appointment for identity check though.
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x31122010
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Re: Spouse ILR

Post by x31122010 » Mon Sep 07, 2020 3:21 pm

As always, Thank you Ms. CR001.

x31122010
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Re: Spouse ILR

Post by x31122010 » Sat Oct 03, 2020 8:54 am

Hello,
I've been reading through the forum and came across this post FLR(M) or FLR(FP)

My Questions:
1. When the main applicant routes via SET LR, does the dependent (without enough current leave) need to apply via FLR(FP) and then subsequently vary to FLR(M) when the main applicants ILR is granted?

2. Would we need to pay the fees twice, once for FLR(FP) and then again for varying to FLR(M). How do we get refund for FLR(FP)?

3. Is there a risk of 'timing' - meaning a decision on FLR(FP) is made before we apply for FLR(M) and so we pay twice?

4. Also, is the eligibility criteria and documentation to be provided the same for FLR(FP) and FLR(M)?

In our case -
Main applicant Tier2 ICT expires 28 Feb 2021
Dependent Tier 2 PBS expires 28 Feb 2021

Main applicant will apply for SET LR - 26 Jan 2021 (First entry date 19 Feb 2011)

Thanks!

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CR001
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Re: Spouse ILR

Post by CR001 » Sat Oct 03, 2020 9:50 am

1. FLR m before their visas expire.

2. No, just FLR M.

3. See above answers. FLR fp is when a person doesn't meet the English and financial requirements

4. No, they are visas under different rules.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

x31122010
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Re: Spouse ILR

Post by x31122010 » Sat Oct 03, 2020 11:05 am

Thank you CR001.

Assume the PBS dependent has valid leave to remain, can they continue on the same visa and then apply for ILR when eligible or is it mandated in immigration rules that when the main applicant applies for ILR via LR route, all dependents must switch to FLR(M) or are deemed as overstayers.

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Re: Spouse ILR

Post by CR001 » Sat Oct 03, 2020 11:07 am

A PBS dependents cannot apply for ilr based on PBS dependent visa if you get ilr based on long residnece.

The immigration rules clearly state the PBS dependent has to switch to FLR M.

When did your spouse enter the UK?
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Re: Spouse ILR

Post by vinny » Sat Oct 03, 2020 11:12 am

See also changes.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

x31122010
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Re: Spouse ILR

Post by x31122010 » Sat Oct 03, 2020 11:14 am

Hello CR001,

I entered UK 19 Feb 2011 whereas my spouse entered UK in Apr 2011.
However, she had a 189 days gap between Sep'11 and Feb'12 and subsequently entered UK on same PBS visa on 16 Feb 2012.
I do not think we can apply via PBS dependent route, so she, and my kids, will be eligible for ILR via LR route only in Feb 2022 (assuming we continue to meet eligibility criteria).

I am trying to understand whether she, and kids, can continue to remain on PBS Tier2 dependent visa until she is eligible to apply via LR route in Feb 22; whereas I am planning to apply for ILR in Jan'21.

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Re: Spouse ILR

Post by CR001 » Sat Oct 03, 2020 11:17 am

They cannot apply for a PBS dependent visa extension if you get ilr based in long residence. The rules do not allow it. They have to switch. You have stated their visa expires in February 2021, so they have no other option but FLR M.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

x31122010
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Re: Spouse ILR

Post by x31122010 » Sat Oct 03, 2020 11:18 am

vinny wrote:
Sat Oct 03, 2020 11:12 am
See also changes.
Yes Vinny, thank you. I did go through the post (and I've linked it to my question) and was the reason behind my question on PBS dependent continuing on the existing leave until eligible for ILR(via LR).

x31122010
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Re: Spouse ILR

Post by x31122010 » Sat Oct 03, 2020 12:56 pm

I come across this post where the advise from @Zimba is that the PBS dependent can continue to live in the UK on the current visa (Tier2 pbs dependent and are not considered overstayers or illegal in the UK) although the main applicant has moved onto ILR via LR route. The dependents can then apply for ILR (via LR) when eligible.

Can @Zimba @CR001 @Vinny please clarify?

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Re: Spouse ILR

Post by vinny » Sat Oct 03, 2020 1:10 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: Spouse ILR

Post by CR001 » Sat Oct 03, 2020 1:44 pm

x31122010 wrote:
Sat Oct 03, 2020 12:56 pm
I come across this post where the advise from @Zimba is that the PBS dependent can continue to live in the UK on the current visa (Tier2 pbs dependent and are not considered overstayers or illegal in the UK) although the main applicant has moved onto ILR via LR route. The dependents can then apply for ILR (via LR) when eligible.

Can @Zimba @CR001 @Vinny please clarify?
You have stated that her visa expires in Feb 2021. She must apply for FLR m before her visa expires if she only qualifies for ILR LR in 2022. She can't just wait a year with no visa once her current visa expires in February next year. She also cannot apply for a PBS dependent visa extension.
Dependent Tier 2 PBS expires 28 Feb 2021
Char (CR001 not Casa)
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Re: Spouse ILR

Post by vinny » Sat Oct 03, 2020 1:49 pm

Don’t overstay.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

x31122010
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Re: Spouse ILR

Post by x31122010 » Sat Oct 03, 2020 5:07 pm

CR001, Vinny et al,

I am trying to find out options that are financially prudent (and legal, of course).


I am thinking of these two:

Option 1:
Main applicant applies ILR (LR) in Jan'21
Dependents apply FLR(M) the next day, with cover letter mentioning main applicant ILR Ref No and supporting documents.
Dependents apply for ILR(LR) towards end of Jan'22
Fees: ~£15k


Option 2:
Main applicant and dependent extend the Tier2 ICT Visa (The cost is borne by the company and lets assume we only apply for 12 months extension so we are given leave to remain up to 28 Feb'22)
Main applicant applies for ILR(LR) in Sep/Oct'21.
Dependents continue on the PBS dependent visa (and do not switch to FLR(M).
Dependents apply for ILR(LR) towards end of Jan'22
Fees: ~£8k


Can you please review these options and advise on them?

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Re: Spouse ILR

Post by seagul » Sat Oct 03, 2020 5:58 pm

Why not use the forum search facility/google search to read about the other member's experiences to gauge the implications, drawbacks and fallouts inherited with both options, and then decide by yourself.
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 ILR

Post by x31122010 » Sat Oct 10, 2020 10:02 am

Thank you.
I have been reading through the guidance and other posts and have concluded that it is best to get the dependent apply for FLR(M) visa when the main applicant is applying for ILR via SET(LR) route.

x31122010
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SET(F) for Child

Post by x31122010 » Sun Oct 18, 2020 2:07 pm

Hello Mods,

I have been reading on the settlement options for my kid and came across this.
I assume this is SET(F).

The eligibility criteria:
You may be eligible for settlement (‘indefinite leave to remain’) if both of the following are true:

you live in the UK with both of your parents --> YES
both of your parents are either British citizens or settled in the UK --> NO. At the time of application, one parent would have applied for ILR and the other for FLR(M).
We do not qualify.
You may also be eligible if you live in the UK with one parent who’s a British citizen or settled in the UK, if any of the following are true:

the parent you live with has sole responsibility for looking after you --> NO
your other parent is dead --> NO
there are compelling reasons why you should be allowed to stay in the UK --> YES. Can give reasons that the parents will continue to live in the UK etc and continuous residence, for over eight years, since Feb 2012

My question is can I get one of my non-UK born child settled via this route w/o going through FLR(M) route?



Thanks.

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CR001
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Re: Spouse ILR

Post by CR001 » Sun Oct 18, 2020 2:18 pm

Your child born abroad doesn't qualify for ilr. You will need to apply for FLR M for child when your spouse does.

There is no shortcut route for children born abroad.

Once your spouse is granted ilr LR, only then can you use set F for your child born abtoad.

Your reasons are NOT "compelling" as you have stated them.
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In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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