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ILR for my spouse

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Phoenix24
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ILR for my spouse

Post by Phoenix24 » Wed Nov 25, 2015 10:28 pm

Hi
I came into this country on student visa in Dec 2004. Since then I have had visas on several categories such as student visa,PSW,Tier 1 and then Tier 2 since May 2013. I gained my ILR on 10 years basis in March 2015.
My wife has been in UK since Sept 2006. We were married in May 2010. She entered on her own student visa then PSW and converted as my dependent on my PSW in Jan 2011.Sshe has continued to be my dependent on the Tier 1 and Tier 2 visas. Her current Tier 2 dependent visa is valid until May 2016.
My query is, can we apply for her ILR now using the Set M form directly?
Is there any need to convert to FLR (M)? In Jan 2016, she will have been my dependent for 5 years albeit on different visas. Can these be amalgamated for the purpose of 2 or 5 year eligibility?
Any help on this will be appreciated.

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CR001
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Re: ILR for my spouse

Post by CR001 » Wed Nov 25, 2015 11:19 pm

My query is, can we apply for her ILR now using the Set M form directly?
No
Is there any need to convert to FLR (M)
Yes and it will reset her ILR clock based on 5 years residence.
In Jan 2016, she will have been my dependent for 5 years albeit on different visas. Can these be amalgamated for the purpose of 2 or 5 year eligibility?
No. She can only use a combination of different visas for 10 years long residence.
Char (CR001 not Casa)
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Phoenix24
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Re: ILR for my spouse

Post by Phoenix24 » Thu Nov 26, 2015 7:00 am

Thanks for the quick reply.
So when she finishes 10 years in Sep 2016, she will be able to apply for her individual ILR on long residence??

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Re: ILR for my spouse

Post by CR001 » Thu Nov 26, 2015 10:09 am

Yes.

If she does not switch to FLR(M),it will be risky to travel as she should have switched once you got your ILR based on long residence.
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Phoenix24
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Re: ILR for my spouse

Post by Phoenix24 » Fri Nov 27, 2015 10:22 am

Thanks CR001.
She is not travelling anytime soon. We should be submitting form next week, so hopefully all ok. I was reading the guidance notes FLR (M) and one of the notes say:

"On the 10-year Partner route under Appendix FM of the Immigration Rules. You must
complete form FLR(FP)"

Does this apply to me or i still use FLR (M)? Also is there any maintenance funds i need to show with the FLR(M)? Just for the information, my spouse works full time as well.

Thanks again.

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Re: ILR for my spouse

Post by CR001 » Fri Nov 27, 2015 10:35 am

i still use FLR (M)
You ONLY apply using FLR(FP) if you DO NOT meet the financial requirement.
Also is there any maintenance funds i need to show with the FLR(M)?
No, there is no 'maintenance fund' requirement. You have to meet the financial requirement of £18,600pa
Just for the information, my spouse works full time as well.
To meet the financial requirement, you can use joint incomes but it must be a minimum of £18,600pa and you need proof of this in the form of 6 months bank statements and payslips.
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Re: ILR for my spouse

Post by Phoenix24 » Tue Dec 01, 2015 3:52 pm

Thanks again CR001.
I have now filled the form and should be applying, in post, before end of this week. Going through the form i have came across questions regarding child as dependant. I have 2 year old, who is on dependent visa (Tier 2 dependent) which i had before i got my ILR this year. Now:
1. Do i have to apply for my 2 year old as well. I mean FLR (m) or i can apply only for my wife and apply for naturalisation for my child straight away? The baby was born in this contry.
2. Apart from the filled form, bank statements (both for me and wife), payslips (me and wife) is there anything else needs to be attached to the form?

Thanks again for all the help.
Appreciated.

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Re: ILR for my spouse

Post by CR001 » Tue Dec 01, 2015 6:17 pm

If you have not registered your child as British, it is likely that you will need to meet the higher income requirement of £22,400pa. Only British children are excluded from the calculation.

You can register the child on MN1 now as you have ILR.

Please read the FLR(M) form and the guidance notes, it gives example of the 2 years cohabitation documents you have to submit.
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Re: ILR for my spouse

Post by Phoenix24 » Thu Dec 03, 2015 1:27 pm

Thanks again.
So yes i have got the idea on what i have to provide for the cohabilation period. address proof for both of us and some bills with both of our names on it.

Can someone please help with FLR(M), i need help with:
Section 2.2 and 2.3. what do i need to select? this is the first time she is applying using FLR(M). She has been my dependent for more than 4 and half years as PBS dependent.

Section 4: do i need to fill this. I have a 2 year old, who is on dependent visa (Tier 2) right now. I am intending to apply for her naturalisation soon as i have ILR now. I presume i dont have to apply for her using FLR(M) as dependent. and if not, do i need to fill in the details in section 4. I understand i have to consider the child when calculatint my annual income. Can anyone please clarify.

Also on page number 27 where it says 'Applying with one dependent'. i am little confused here. So my wife is applying using this form, i dont want to apply for my baby as i am going to use MN1 for her as she was born here. Is that correct? if yes, do i still need to use that option but only for calculating the income we need.

If we are relying on salaried income do we need to put combined (before tax) income when asked for the amount?

Thanks again

Phoenix24
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Re: ILR for my spouse

Post by Phoenix24 » Mon Dec 07, 2015 10:42 am

Anyone??? Please help..

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