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Dependant of Long Resident ILR

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fasdone
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Dependant of Long Resident ILR

Post by fasdone » Thu Jan 07, 2016 3:53 am

Hello,

I hope i am posting in correct section .
My situation is as below.

My self on ILR on long residence.(on April 2015)
2 kids UK born and hold British passport.(first kid 7 years old second 2)
Wife on Tier 1 General dependant visa expires at the end of this year. (First entered UK as dependant of PBS on July 2008)

Now my question is can my wife apply on the basis of the 7 year old kid or she has to apply on FLR(M) spouse of settled person in #uk,
what is the best way to apply for her visa and does she has to pay health care charges as well.Will it be 2 years or 5 years route.

Many Thanks

secret.simon
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Re: Dependant of Long Resident ILR

Post by secret.simon » Thu Jan 07, 2016 4:45 am

If you have got ILR on the basis of long residence, your wife should switch to FLR(M) as soon as possible.

Her ILR clock will reset to zero and she will be eligible for ILR five years after the grant of FLR(M). She will need to make two applications (2x2.5 years) and IHS will be payable both times.
fasdone wrote:can my wife apply on the basis of the 7 year old kid
"On basis of a 7 year old child" does not get you ILR, it gets you FLR(FP), a 10 year (4x2.5 years) course to ILR. IHS would be payable four times.

FLR(M) will be the fastest course, assuming that you meet the salary requirement of £18600 gross income per annum.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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CR001
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Re: Dependant of Long Resident ILR

Post by CR001 » Thu Jan 07, 2016 9:07 am

Agree with secret.simon, however, once she switches to FLR(M), she can apply for ILR based on long residence in July 2018 provided she meets all the requirements so she will only need one application on FLR(M) until she reaches 10 years residence.

She will need to pay £500 health surcharge for FLR(M) in addition to the visa application fee.
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.

fasdone
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Re: Dependant of Long Resident ILR

Post by fasdone » Thu Jan 07, 2016 9:22 am

Thanks Bud for you quick response.

I am really disappointed that she still has to wait 5 more years. HO has taken soo much money(fee) out of me so far :( which is unreal.

So I have to pay £649 fee and have to show the funds as well ? (I do satisfy the Salary Bracket of £18600)
£649 for first FLR (M) then extension and then ILR. This is a joke.

The other option could be apply for ILR after July 2018 on 10 Years long residence if that category lasts that long. :? the only issue with that is she was out of the country for 194 days in 2011- 28Jan to 13 August.

IF she travels on her current leave will there be any issue.

Thanks

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CR001
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Re: Dependant of Long Resident ILR

Post by CR001 » Thu Jan 07, 2016 9:28 am

CR001 wrote:Agree with secret.simon, however, once she switches to FLR(M), she can apply for ILR based on long residence in July 2018 provided she meets all the requirements so she will only need one application on FLR(M) until she reaches 10 years residence.

She will need to pay £500 health surcharge for FLR(M) in addition to the visa application fee.
Have you not read or understood my post :shock:
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.

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CR001
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Re: Dependant of Long Resident ILR

Post by CR001 » Thu Jan 07, 2016 9:29 am

fasdone wrote:IF she travels on her current leave will there be any issue.
Yes very risky!! She can be refused entry as her visa is technically no longer valid because you didn't obtain ILR through PBS route.

These rules changes have been in place since April 2014!!
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.

fasdone
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Re: Dependant of Long Resident ILR

Post by fasdone » Thu Jan 07, 2016 9:30 am

CR001 wrote:
CR001 wrote:Agree with secret.simon, however, once she switches to FLR(M), she can apply for ILR based on long residence in July 2018 provided she meets all the requirements so she will only need one application on FLR(M) until she reaches 10 years residence.

She will need to pay £500 health surcharge for FLR(M) in addition to the visa application fee.
Have you not read or understood my post :shock:

Read just now. :( was in middle of typing when you posted .

Not easy to reply while at work LOL.

fasdone
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Posts: 91
Joined: Tue Aug 25, 2009 9:56 pm

Re: Dependant of Long Resident ILR

Post by fasdone » Thu Jan 07, 2016 10:28 am

fasdone wrote:Thanks Bud for you quick response.

I am really disappointed that she still has to wait 5 more years. HO has taken soo much money(fee) out of me so far :( which is unreal.

So I have to pay £649 fee and have to show the funds as well ? (I do satisfy the Salary Bracket of £18600)
£649 for first FLR (M) then extension and then ILR. This is a joke.

The other option could be apply for ILR after July 2018 on 10 Years long residence if that category lasts that long. :? the only issue with that is she was out of the country for 194 days in 2011- 28Jan to 13 August.

IF she travels on her current leave will there be any issue.

Thanks
the only issue with that is she was out of the country for 194 days in 2011- 28Jan to 13 August.

I believe this will be an issue can anyone confirm thanks.

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