ILR - LR and it's impact on Tier 2 dependent ?

mahiku · Post by **mahiku** » Sun Sep 18, 2016 5:40 pm

Hi,

I will became eligible to apply for ILR on 23rd January 2017 based on 10 Years Long residency, 28 days before my first arrival (20 Feb 2007) into the UK. I am planning to apply through premium service appointment.

At the moment, I am on Tier 2 (sponsored) and my wife is on PBS dependent visa. Our current Tier 2 visa is valid until September 2019.

If I apply for ILR (long residency) in January 2017 and if approved, what will be its impact on my partner's current PBS dependent visa?

- Is my partner's time spent with me as my partner going to be reset to 0 from the day I get my long residency ILR?
- Is the dependent visa still valid until September 2019?
- When can I apply for my partner's ILR?
- After ILR, If I switch my job (employer), can my partner still stay on same PBS dependent visa?

If I don't apply for long residency ILR, the I will need to wait for 2 years (September 2018) to apply for ILR based on Tier 2 (5 years) route. I don't want to wait for long.

Please suggest.

Thanks,
Mahiku

CR001 · Post by **CR001** » Sun Sep 18, 2016 5:50 pm

If I apply for ILR (long residency) in January 2017 and if approved, what will be its impact on my partner's current PBS dependent visa? She should switch to FLR(M). How long has she been in the UK as your PBS Dependent?

- Is my partner's time spent with me as my partner going to be reset to 0 from the day I get my long residency ILR? Yes, once your partner applies for FLR(M), which will be a new 5 year route (2 x 2.5 years visas).

- Is the dependent visa still valid until September 2019? Should be ok but risky to travel out of the UK.

- When can I apply for my partner's ILR? If you apply for ILR based on long residence, your partner should switch to FLR(M) and can apply for ILR after 5 years in FLR(M) visa category.

- After ILR, If I switch my job (employer), can my partner still stay on same PBS dependent visa? See my answer above about FLR(M)

If I don't apply for long residency ILR, the I will need to wait for 2 years (September 2018) to apply for ILR based on Tier 2 (5 years) route. I don't want to wait for long. Your choice, but there will be no quick route for your partner. FLR(M) will need to be done, partner won't qualify for ILR as a PBS Dependent.

mahiku · Post by **mahiku** » Sun Sep 18, 2016 6:25 pm

CR001 wrote:
If I apply for ILR (long residency) in January 2017 and if approved, what will be its impact on my partner's current PBS dependent visa? She should switch to FLR(M). How long has she been in the UK as your PBS Dependent?

First time she joined in September 2007 on student dependant visa (valid from July 2007 to October 2011). She was in Norway during August 2011 to May 2013 but visited UK on visit visa (1 year visit visa) during that time.

In May 2013, she joined me as my dependent (T1 HS Post Study Work Visa) category. Is it count as PBS dependent?
In September 2013, my visa category changed from T1 HS PSW to Tier 2 and since then she is on PBS dependent visa.

- Is my partner's time spent with me as my partner going to be reset to 0 from the day I get my long residency ILR? Yes, once your partner applies for FLR(M), which will be a new 5 year route (2 x 2.5 years visas).

- Is the dependent visa still valid until September 2019? Should be ok but risky to travel out of the UK.

- When can I apply for my partner's ILR? If you apply for ILR based on long residence, your partner should switch to FLR(M) and can apply for ILR after 5 years in FLR(M) visa category.

- After ILR, If I switch my job (employer), can my partner still stay on same PBS dependent visa? See my answer above about FLR(M)

If I don't apply for long residency ILR, the I will need to wait for 2 years (September 2018) to apply for ILR based on Tier 2 (5 years) route. I don't want to wait for long. Your choice, but there will be no quick route for your partner. FLR(M) will need to be done, partner won't qualify for ILR as a PBS Dependent.

CR001 · Post by **CR001** » Sun Sep 18, 2016 6:48 pm

Her break in Norway cannot be included in the 10 year long residence qualifying period that she could have had IF she had remained in the UK.

She will have no option but to switch to FLR(M), there is no other option.

mahiku · Post by **mahiku** » Sun Sep 18, 2016 7:12 pm

CR001 wrote:Her break in Norway cannot be included in the 10 year long residence qualifying period that she could have had IF she had remained in the UK.

She will have no option but to switch to FLR(M), there is no other option.

For FLR(M), the current fee seems to be as below.

single applicant - no dependents £811
main applicant & one dependent £1622

- So in my case, first fee will apply for my partner?
- What will be IHS fee for ILR dependent?
- What's the validity of FLR(M). Is it 2x2.5 = 5 years? So I will need to apply for:
1. FLR(M) - 2.5 years
2. FLR(M) - 2.5 years
3. and then partner's ILR?

CR001 · Post by **CR001** » Sun Sep 18, 2016 7:49 pm

mahiku wrote:For FLR(M), the current fee seems to be as below.

single applicant - no dependents £811
main applicant & one dependent £1622

- So in my case, first fee will apply for my partner? Yes, £811 is for a postal application. It is £1311 for a same day decision appointment.
- What will be IHS fee for ILR dependent? £500 for the first 2.5 year FLR(M) visa
- What's the validity of FLR(M). Is it 2x2.5 = 5 years? So I will need to apply for: Yes, 2 X 2.5 year visa.
1. FLR(M) - 2.5 years Yes
2. FLR(M) - 2.5 years Yes
3. and then partner's ILR? Yes

mahiku · Post by **mahiku** » Sun Sep 18, 2016 7:56 pm

CR001 wrote:
mahiku wrote:For FLR(M), the current fee seems to be as below.

single applicant - no dependents £811
main applicant & one dependent £1622

- So in my case, first fee will apply for my partner? Yes, £811 is for a postal application. It is £1311 for a same day decision appointment.
- What will be IHS fee for ILR dependent? £500 for the first 2.5 year FLR(M) visa
- What's the validity of FLR(M). Is it 2x2.5 = 5 years? So I will need to apply for: Yes, 2 X 2.5 year visa.
1. FLR(M) - 2.5 years Yes
2. FLR(M) - 2.5 years Yes
3. and then partner's ILR? Yes

Thanks CR001.

It seems that ILR (5 years route based on Tier) is more suitable options. Better to wait for 2 years and apply together for ILR. But not sure, what will be changes in ILR and their processing fee in next two years..

For ILR, I will attach following documents:
- Completed Application Form + Payment
- 2 Photos as per on their requirement
- All of my passports (old + new)
- Current Biometric card
- University Degree to confirm my student status in UK (February 2007 - October 2011)
- University Degree to confirm my English language requirement
- Life in the UK letter
- HR letter for my current Job (April 2012 - to date)
- Payslips /P60 for the whole duration of my current Job
- Cover letter (Total Time outside UK in 10 years - less than 70 days in total, No Criminal Convictions or traffic offence)

As I will be submitting all of my passports, Do I need to submit any other document?

- Subject Access Request (SAR) ?
- Police Certificate?
- Bank Statements?
- Council Tax letters?
- Bills (Water / Gas / Electric)?

Thanks,

Cheers,
Mahiku

CR001 · Post by **CR001** » Sun Sep 18, 2016 9:52 pm

Cover letter is not required, the form asks for all the information that HO needs.

- Subject Access Request (SAR) ? This is a record HO have on you. I am sure they can access it without you having to provide them with their own paperwork on you.
- Police Certificate? Only if you were required to register with police
- Bank Statements? Not required if you have all your passports covering 10 years including the one you entered UK with.
- Council Tax letters? Not required if you have all your passports covering 10 years including the one you entered UK with.
- Bills (Water / Gas / Electric)? Not required if you have all your passports covering 10 years including the one you entered UK with.

mahiku · Post by **mahiku** » Sun Sep 18, 2016 11:42 pm

Six items of correspondence addressed to you and your partner at the same address as evidence that you have been living together since your last grant of leave in this category, or from the date you first started living together up to a maximum of two years.

Very tough requirements. I have following with me at the moment. I will be apply for my partner's FLR (M) in February 2017.

1. Bank Statements (separate statements my / my partner) for last two/three years
2. Tenancy Agreement (Addressed jointly ) for last three years
3. Council Tax (Addressed jointly - paid via Debit card - annual bill as evidence) for last three years
4. I have GP/Medical letters / Correspondence for last 18 months - however the surname on letter is different from the one in my passport. Is it going to cause any issue? I am going to request for my surname change in future correspondence but how about previous ones?
5. Driving letter (Surname is different from the one in my passport. Is it going to cause any issue?) I am going to request for my surname change in future correspondence but how about previous ones?
6. 2-3 Election / government postal voting correspondence for last 12 months

I will be able to manage utility bills (water and energy) for next for coming months but cannot get for previous 2 years with joint name.

Is it going to help?

On page 64 of FLR(M) Version 04/16:

The dates of the items of correspondence should be spread evenly over the whole 2 years. They
should be from at least 3 different sources.

What does it mean "From at least 3 different sources"? (Bank, Council tax, Tenancy agreement) should be enough?

Thanks,

Mahiku

mahiku · Post by **mahiku** » Sun Sep 18, 2016 11:48 pm

CR001 wrote:Cover letter is not required, the form asks for all the information that HO needs.

- Subject Access Request (SAR) ? This is a record HO have on you. I am sure they can access it without you having to provide them with their own paperwork on you.
- Police Certificate? Only if you were required to register with police
- Bank Statements? Not required if you have all your passports covering 10 years including the one you entered UK with.
- Council Tax letters? Not required if you have all your passports covering 10 years including the one you entered UK with.
- Bills (Water / Gas / Electric)? Not required if you have all your passports covering 10 years including the one you entered UK with.

Thanks CR001.

Is it correct that - before I apply for partner's FLR(M), I will need to get to ILR. If using premium service, can I apply both at the same time?

Casa · Post by **Casa** » Mon Sep 19, 2016 7:50 am

It's generally advisable to book your wife's PSC appointment for a couple of hours after yours as her FLR(M) application will only be processed if you have been granted ILR.

mahiku · Post by **mahiku** » Sun Nov 27, 2016 10:49 am

Hi,

I will be applying for IRL (10 years route) and FLR (M) for my wife as dependent in next few months.
My wife already have GCSE (English) - Grade C passed here in UK (2009).

Is GCSE English valid for FLR (M)? or Do she need to take A1 or A2 to fulfill English language requirements?

Thanks,
Mahiku

mahiku · Post by **mahiku** » Sun Nov 27, 2016 10:58 am

Six items of correspondence addressed to you and your partner at the same address as evidence that you have been living together since your last grant of leave in this category, or from the date you first started living together up to a maximum of two years.

Very tough requirements. I have following with me at the moment. I will be apply for my partner's FLR (M) in February 2017.

1. Bank Statements (separate statements my / my partner) for last two/three years
2. Tenancy Agreement (Addressed jointly ) for last three years
3. Council Tax (Addressed jointly - paid via Debit card - annual bill as evidence) for last three years
4. I have GP/Medical letters / Correspondence for last 18 months - however the surname on letter is different from the one in my passport. Is it going to cause any issue? I am going to request for my surname change in future correspondence but how about previous ones?
5. Driving letter (Surname is different from the one in my passport. Is it going to cause any issue?) I am going to request for my surname change in future correspondence but how about previous ones?
6. 2-3 Election / government postal voting correspondence for last 12 months

I will be able to manage utility bills (water and energy) for next for coming months but cannot get for previous 2 years with joint name.

Is it going to help?

On page 64 of FLR(M) Version 04/16:

The dates of the items of correspondence should be spread evenly over the whole 2 years. They
should be from at least 3 different sources.

What does it mean "From at least 3 different sources"? (Bank, Council tax, Tenancy agreement) should be enough?

Thanks,

Mahiku

Casa · Post by **Casa** » Sun Nov 27, 2016 11:12 am

mahiku wrote:Hi,

I will be applying for IRL (10 years route) and FLR (M) for my wife as dependent in next few months.
My wife already have GCSE (English) - Grade C passed here in UK (2009).

Is GCSE English valid for FLR (M)? or Do she need to take A1 or A2 to fulfill English language requirements?

Thanks,
Mahiku

The qualification for both you and your wife must be on the UKVI approved list.

https://www.gov.uk/government/uploads/s ... entres.pdf

FLR(M) -From May 01/17 your wife will need A2 level English

SET(LR) - You will need B1 level English + a pass in the Life in the UK test.

CR001 · Post by **CR001** » Sun Nov 27, 2016 11:39 am

No need to start a new topic with each question you have on the same application. Keep your questions in one place please.

See also Multiple Posts (click)

mahiku · Post by **mahiku** » Sun Nov 27, 2016 11:44 am

Casa wrote:
mahiku wrote:Hi,

I will be applying for IRL (10 years route) and FLR (M) for my wife as dependent in next few months.
My wife already have GCSE (English) - Grade C passed here in UK (2009).

Is GCSE English valid for FLR (M)? or Do she need to take A1 or A2 to fulfill English language requirements?

Thanks,
Mahiku

The qualification for both you and your wife must be on the UKVI approved list.

https://www.gov.uk/government/uploads/s ... entres.pdf

FLR(M) -From May 01/17 your wife will need A2 level English

SET(LR) - You will need B1 level English + a pass in the Life in the UK test.

Thanks Casa.

That's very disappointing that GCSE is not listed and it seems that my wife will need to attempt Level 2 exam. Is there any other way to confirm, if GCSE English can be used to avoid £150 charges?

For me SET (LR), I have UK degree to fulfill English requirement. I have already passed life in UK exam.

Cheers,
Mahiku

vinny · Post by **vinny** » Sun Nov 27, 2016 11:55 am

3. Approved English language qualifications wrote:You can only use English for Speakers of Other Languages (ESOL) qualifications if they’re on the list. You can’t use other qualifications, eg GCSEs, A levels or National Vocational Qualifications (NVQs).

mahiku · Post by **mahiku** » Sun Nov 27, 2016 12:43 pm

vinny wrote:
3. Approved English language qualifications wrote:You can only use English for Speakers of Other Languages (ESOL) qualifications if they’re on the list. You can’t use other qualifications, eg GCSEs, A levels or National Vocational Qualifications (NVQs).

Thanks Vinny

mahiku · Post by **mahiku** » Thu Dec 15, 2016 12:08 am

Hi,

I will become eligible to apply for ILR in February 2017 based on 10 Years Long residency. I am planning to apply through premium service appointment. I am thinking to submit below documents:
- All Passports (Old + New) – it includes my first UK visa stamp
- BRP card
- Photos
- UK Degree
- Life in the UK results
- Payment

Question 1 - Am I missing anything else? Please confirm.

My wife joined me in UK in September 2007 on student dependant visa (valid from July 2007 to October 2011). She was in Sweden during August 2011 to May 2013 but visited UK many times on visit visa (1-year visit visa) during that time. In May 2013, she joined me as my dependent (T1 HS Post Study Work Visa) category. Is it count as PBS dependent? In September 2013, my visa category changed from T1 HS PSW to Tier 2 and since then she is on PBS dependent visa.

Question 2 –

As I will be applying for IRL (10 years long residency), I understand my wife will need to switch to FLR(M) dependant category. As she entered in the UK as my dependant in 2007, can she become eligible for 2 years’ route instead of 5 years’ route? The FLR(M) 5 years’ rule for dependent was introduced in 2012 so wondering if my wife can avoid it as she first entered in the UK in 2007 as my dependent.

Question 3 –

Six items of correspondence addressed to you and your partner at the same address as evidence that you have been living together since your last grant of leave in this category, or from the date you first started living together up to a maximum of two years.

I will be applying for FLR (M) in February 2016 with correspondence addressed documents as below. Are these sufficient?

1. Bank Statements (separate statements my / my partner) for last two/three years [1+1]
2. Tenancy Agreement (Addressed jointly) for last three years [1]
3. Council Tax (Addressed jointly - paid via Debit card - annual bill as evidence) for last three years [1]
4. 2-3 Election / government postal voting correspondence for last 12 months [1+1]
5. Electricity bills (addressed jointly) from last couple of months. I cannot present bills with joint names for last two or more years.
6. Water bill (addressed jointly) form last couple of months. I cannot present bills with joint names for last two or more years.
7. There are GP/Medical letters / Correspondence for last 18 months - however her surname on letter is different from the one in my passport. Is it going to cause any issue? I am going to request for surname change in future correspondence but how about previous ones?
8. Driving letter (Surname is different from the one in passport. Is it going to cause any issue?) I am going to request for my surname change in future correspondence but how about previous ones?

Question 4 –

Once my ILR (10 years long residency) is successful and my wife visa switched to FLR(M) – what will be status for newly born baby in UK? Do we need to apply for any visa category?

Many Thanks,

Mahiku.

vinny · Post by **vinny** » Thu Dec 15, 2016 2:47 am

CR001 wrote:No need to start a new topic with each question you have on the same application. Keep your questions in one place please.

See also Multiple Posts (click)

vinny · Post by **vinny** » Thu Dec 15, 2016 3:11 am

Question 2. No.

Question 4. If child was born in the UK, then child will be entitled to register after a parent is granted ILR.

They may expect extra financial burden in FLR(M) for non-settled, non-British children.

mahiku · Post by **mahiku** » Thu Dec 22, 2016 9:05 pm

Hi,

I will become eligible to apply for ILR in February 2017 based on 10 Years Long residency. I am planning to apply through premium service appointment. I am thinking to submit below documents:
- All Passports (Old + New) – it includes my first UK visa stamp
- BRP card
- Photos
- UK Degree
- Life in the UK results
- Payment

Question 1 - Am I missing anything else? Please confirm.

My wife joined me in UK in September 2007 on student dependant visa (valid from July 2007 to October 2011). She was in Sweden during August 2011 to May 2013 but visited UK many times on visit visa (1-year visit visa) during that time. In May 2013, she joined me as my dependent (T1 HS Post Study Work Visa) category. Is it count as PBS dependent? In September 2013, my visa category changed from T1 HS PSW to Tier 2 and since then she is on PBS dependent visa.

Question 2 –

Six items of correspondence addressed to you and your partner at the same address as evidence that you have been living together since your last grant of leave in this category, or from the date you first started living together up to a maximum of two years.

I will be applying for FLR (M) in February 2016 with correspondence addressed documents as below. Are these sufficient?

1. Bank Statements (separate statements my / my partner) for last two/three years [1+1]
2. Tenancy Agreement (Addressed jointly) for last three years [1]
3. Council Tax (Addressed jointly - paid via Debit card - annual bill as evidence) for last three years [1]
4. 2-3 Election / government postal voting correspondence for last 12 months [1+1]
5. Electricity bills (addressed jointly) from last couple of months. I cannot present bills with joint names for last two or more years.
6. Water bill (addressed jointly) form last couple of months. I cannot present bills with joint names for last two or more years.
7. There are GP/Medical letters / Correspondence for last 18 months - however her surname on letter is different from the one in my passport. Is it going to cause any issue? I am going to request for surname change in future correspondence but how about previous ones?
8. Driving letter (Surname is different from the one in passport. Is it going to cause any issue?) I am going to request for my surname change in future correspondence but how about previous ones?

Many Thanks,

Mahiku.

mahiku · Post by **mahiku** » Sat Feb 11, 2017 11:31 pm

Hi,

The current entry clearance for my wife is - PBS Dependent Leave to Remain. I have received my ILR last week.

What should be answer to below questions?

Is your current entry clearance or leave to remain as the partner of one of the following?

• a British citizen
• a person settled in the UK
• a person with refugee leave or a person with humanitarian protection in the UK

Yes / No? - Should be NO?

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)?

Yes / No? - Should be Yes?

Please choose the reason you are applying for an extension, this includes if you are switching to a partner visa from another type.

Should be option 3?

1. 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)
2. Additional extension as a partner
3. 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)
4. 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)
5. You require more time to meet the Knowledge of Language and Life in the UK requirements to apply for settlement
6. You were granted entry as a fiancé(e) or proposed civil partner, but have not yet married or entered into a civil partnership
7. You are applying for any other reason

Evidence to support my claim it would be difficult for me to establish a private life outside the UK.

What should I provide as evidence?

Cheers,
Mahiku

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