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Changing Visa category from TIER 1 Dependent to FLR(M)

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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Changing Visa category from TIER 1 Dependent to FLR(M)

Post by myamjad » Wed Dec 21, 2016 3:00 pm

Hi,

I am on ILR from TIER 1 General route.

My wife came to UK in 2014 with my son and stayed here with me for 18 months, she went back and we had a

baby girl there. I got my daughter's visa sorted under TIER 1 General dependent as my wife was still in that category.

Now my wife, son and daughter are 3 dependents in TIER 1 general dependent category. As my wife left for more than 6 months her previous stay in the UK has expired.

I know ILR will not be granted after 6 April 2018 in Tier 1 General category, does it affect Dependents as well or just the main applicant?

My family came back to UK on 14th of October so the time has just started about 2 months ago so is it better to change the visa category or stay on TIER 1 General Dependent?

Regards,

Amjad Hashim.

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CR001
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Re: Changing Visa category from TIER 1 Dependent to FLR(M)

Post by CR001 » Wed Dec 21, 2016 3:12 pm

myamjad wrote:Hi,

I am on ILR from TIER 1 General route.

My wife came to UK in 2014 with my son and stayed here with me for 18 months, she went back and we had a

baby girl there. I got my daughter's visa sorted under TIER 1 General dependent as my wife was still in that category.

Now my wife, son and daughter are 3 dependents in TIER 1 general dependent category. As my wife left for more than 6 months her previous stay in the UK has expired.

I know ILR will not be granted after 6 April 2018 in Tier 1 General category, does it affect Dependents as well or just the main applicant? Main applicant only. Dependents should still be able to apply for ILR after 5 years.

My family came back to UK on 14th of October so the time has just started about 2 months ago so is it better to change the visa category or stay on TIER 1 General Dependent? Your choice but Tier 1 G dependent I believe is more expensive than FLR(M).

Regards,

Amjad Hashim.
Char (CR001 not Casa)
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myamjad
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Re: Changing Visa category from TIER 1 Dependent to FLR(M)

Post by myamjad » Fri Dec 23, 2016 10:45 am

Hi CR001,

Thanks for you reply, i believe when my wife's next visa renewal date reach she will get 3 years visa but i am not sure how will i convince them for that?

According to them she came here in April 2014 so she will get visa till April 2019 so i am a bit confused about the timing issue as well.

As you already said TIER 1 General is more expensive and it will be a confusing path to follow, i would like to switch the visa category.
I have read some documents on gov.uk website and for the "family of settled person" visa there is exception for those people who came here on TIER 1 General dependent visa.

Do you mind guiding me towards right documents which explain the process of switching category?


Regards,

Amjad Hashim.

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Re: Changing Visa category from TIER 1 Dependent to FLR(M)

Post by CR001 » Fri Dec 23, 2016 6:29 pm

What do you mean by 'exemption'?? What and where exactly did you read there is an 'exemption'?
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Re: Changing Visa category from TIER 1 Dependent to FLR(M)

Post by myamjad » Sun Dec 25, 2016 4:46 pm

Hi CR001,

My apologies for using the wrong word, it is not exemption but exception.
Please see the link below.
https://www.gov.uk/remain-in-uk-family

Regards,

Amjad.

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Re: Changing Visa category from TIER 1 Dependent to FLR(M)

Post by CR001 » Sun Dec 25, 2016 7:22 pm

She cannot apply as Tier 1 dependent as her previous visa expired and because you now have ILR. She has to apply for a spouse settlement visa.

Tier 1 dependent would have been possible if you were still on tier 1 OR if she still had a tier 1 dependent visa.
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Re: Changing Visa category from TIER 1 Dependent to FLR(M)

Post by myamjad » Tue Dec 27, 2016 10:09 pm

Hi CR001,

Thanks for you reply, i mentioned in my first post that my wife and 2 kids are still on TIER 1 General dependent visa. Because she was out of UK for more than 6 months so the clock has restarted.

My main question was will it be possible for me to change the visa route from TIER 1 dependent to family of settled person while she is in UK?

This is what is on gov.uk website for family of settled person visa.

Exceptions

You may need to apply in a different way if:

you’re outside the UK
your partner’s from the EEA or Switzerland
your partner originally had a temporary visa as a worker
you’re the victim of domestic violence or your partner has died
you applied for a ‘family of a settled person’ visa before 9 July 2012
you want to reunite with a partner or parent who has asylum or humanitarian protection in the UK


I hope what i am saying is making some sense.

Regards,

Amjad Hashim.

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Re: Changing Visa category from TIER 1 Dependent to FLR(M)

Post by CR001 » Wed Dec 28, 2016 12:44 pm

myamjad wrote:Hi CR001,

Thanks for you reply, i mentioned in my first post that my wife and 2 kids are still on TIER 1 General dependent visa. Because she was out of UK for more than 6 months so the clock has restarted.

My main question was will it be possible for me to change the visa route from TIER 1 dependent to family of settled person while she is in UK? Yes, I have already said you can, it is your choice which you apply for.

This is what is on gov.uk website for family of settled person visa.

Exceptions

You may need to apply in a different way if: Have you missed the word 'MAY'? Indicating not mandatory but a choice.

you’re outside the UK
your partner’s from the EEA or Switzerland
your partner originally had a temporary visa as a worker
you’re the victim of domestic violence or your partner has died
you applied for a ‘family of a settled person’ visa before 9 July 2012
you want to reunite with a partner or parent who has asylum or humanitarian protection in the UK


I hope what i am saying is making some sense.

Regards,

Amjad Hashim.
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.

myamjad
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Re: Changing Visa category from TIER 1 Dependent to FLR(M)

Post by myamjad » Thu Dec 29, 2016 5:12 pm

Hi CR001,

Thanks for the reply and clarification, some further reading of the "5 year partner route" of "family of the settled person visa" and the immigration rules are saying something different.

Please see below from the immigration rules Paragraph 284.

Requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom
284. The requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom are that:
(i) the applicant has or was last granted limited leave to enter or remain in the United Kingdom which meets the following requirements:
(a) The leave was given in accordance with any of the provisions of these Rules; and
(b) The leave was granted for a period of 6 months or more, unless it was granted as a fiancé(e) or proposed civil partner; and
(c) The leave was not as the spouse, civil partner, unmarried or same-sex partner of a Relevant Points-Based System Migrant; and

Regards,

Amjad Hashim.

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Re: Changing Visa category from TIER 1 Dependent to FLR(M)

Post by CR001 » Thu Dec 29, 2016 5:16 pm

You are overthinking this. Many users apply to switch to FLR(M), sometimes in error after bad advice from 'solicitors' and sometimes out of their own choice because FLR(M) is cheaper.

HO won't 'block' you from applying for FLR(M).
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