Time Limit to switch to FLR(M)

rahim_dad · Post by **rahim_dad** » Tue Mar 06, 2012 11:49 am

Hi,

First of all sorry if this question has already been asked.

Let me explain the situation:

Me:
I was granted ILR yesterday (05/03/2012) after completing 5 years as Work Permit + Tier 1 General.

My wife:
She got Tier 1 Dependent Visa on 23/02/11 (valid till 18/01/2013) and joined me in the UK on 13/05/11.

Now the question is does she need to switch to FLR (M) inside 28 days (or any other time limit) of me getting my ILR?

The earliest PEO appointment that I got for her is on the 13th of April and it would be way past this so called 28 days limit.

Any suggestions and guidance would be welcome.

Many Thanks,

Rahim

vinny · Post by **vinny** » Tue Mar 06, 2012 11:57 am

vinny wrote:I cannot see any immigration rules stating that she must switch within 28 days, following her husband's ILR.

rahim_dad · Post by **rahim_dad** » Wed Mar 07, 2012 12:48 pm

many thanks Vinny

rahim_dad · Post by **rahim_dad** » Fri Mar 09, 2012 3:16 pm

Vinny and Co,

I have a question regarding the FLR (M) Category for my wife (section 4 pg 7 of the Oct2011 version of the form).

I obviously chose the first option for my wife which is:
" Spouse of a person present and settled in the UK and Biometric immigration document"

now with regards to question 4.1 which is:

"Is this the first time you have applied for a visa or an extension of stay in one of the above categories (but not as a fiance(e) or proposed civil partner) with your current partner? "

Possible answers:
Yes/No

I reckon my answer should be YES because my wife is on Tier 1 Dependent at the moment and she has not been in the UK for two years and I only got my ILR a few days ago after completing 5 years as WP + Tier1.

Can you please confirm if my assumption is correct?

rahim_dad · Post by **rahim_dad** » Mon Mar 26, 2012 2:20 pm

Can someone please look into my query regarding the form above?

I don't want to start a new thread for a new query.

blessco_system · Post by **blessco_system** » Tue Apr 03, 2012 12:06 pm

Rahim,

I am exactly the same situation as you are. I am presently filling application form and have similar question. Did you get an answer to your question? Also do you know If life in the UK test will be considered as english requirement.

Many Thanks in advance.

rahim_dad · Post by **rahim_dad** » Tue Apr 03, 2012 12:29 pm

Blessco,

From what I understand a Life in the UK test isn't required till the partner applies for ILR, but an English test is a requirement for a partner of a British Citizen/Person Settled Permenantly (ILR) in the UK.

I might have to start a new thread for this as no one seems to be responding

Greenie · Post by **Greenie** » Tue Apr 03, 2012 12:35 pm

there's no point starting a new thread. People do not reply if they do not know the answer.

you answer yes to Q. 4.1

rahim_dad · Post by **rahim_dad** » Tue Apr 03, 2012 12:44 pm

Thanks Greenie.

Just saw your reply now. Apologies for starting a new thread (FLR (M) Application Form Query (section 4; Which Category?)

I still want to know if the application form is the correct one or whether it's going to change this week

Greenie · Post by **Greenie** » Tue Apr 03, 2012 12:45 pm

the form will change with the new fees. You can use the old form for 21 days however you will still need to pay the new fees so may be best to use the new form when it's released.

rahim_dad · Post by **rahim_dad** » Tue Apr 03, 2012 12:47 pm

Thanks again Greenie.

UKBA has picked a really bad date to change the form as my appointment is first thing on Tuesday (12th April) and I will have to try and get the old form over Easter (doesn't help that I don't have a printer)

Greenie · Post by **Greenie** » Tue Apr 03, 2012 12:49 pm

rahim_dad wrote:Thanks again Greenie.

UKBA has picked a really bad date to change the form as my appointment is first thing on Tuesday (12th April) and I will have to try and get the old form over Easter (doesn't help that I don't have a printer)

try a library?

Anyway as I said - you don't need the new form necessarily - it will just make it easier if you do.

Casa · Post by **Casa** » Tue Apr 03, 2012 1:04 pm

Double check your date. The 12th of April is a Thursday....not Tuesday.

rahim_dad · Post by **rahim_dad** » Tue Apr 03, 2012 1:17 pm

Thank you both.

I just don't trust the people at the PEO too much.

Yes Tuesday is the 10th of April

I think the stress of going to the PEO is telling

bmanav26 · Post by **bmanav26** » Sun May 13, 2012 6:33 pm

Greenie wrote:there's no point starting a new thread. People do not reply if they do not know the answer.

you answer yes to Q. 4.1

Hi Greenie,

Your answer to Q 4.1 is "Yes" but I'm still confused with your answer.Not that I am challenging your answer,but just need some clarity.

Just for everyone's benefit I'm posting the question again

question 4.1 which is:
"Is this the first time you have applied for a visa or extension of stay in one of the above categories (but not as a fiance(e) or proposed civil partner) with your current partner? "

I believe I am in the same situation as rahim_dad but just to be sure I would present my case

1: I am on a tier-1 visa and due for an ILR
2: After I get my ILR(fingers crossed), my wife would apply for a spouse visa with the flr(m) form.
3: She would apply with this form because she has not completed 2 years as she arrived in the uk on 14th June 2011 on a Tier1-dependant visa which is due to expire on the 03rd July 2012 .

to answer section 4.1 , I thought I should answer "No" because
>It is not the first time she is applying as a spouse as she did apply before to get the tier-1 dependant visa

Pls correct if I am wrong here.

Regards
Manav

geriatrix · Post by **geriatrix** » Sun May 13, 2012 6:44 pm

bmanav26 wrote: to answer section 4.1 , I thought I should answer "No" because
>It is not the first time she is applying as a spouse as she did apply before to get the tier-1 dependant visa

Pls correct if I am wrong here.

Regards
Manav

Applying as "PBS dependant" is not same as applying as "spouse of a settled person". Both are mutually exclusive immigration categories.

bmanav26 · Post by **bmanav26** » Sun May 13, 2012 7:02 pm

sushdmehta wrote:
bmanav26 wrote: to answer section 4.1 , I thought I should answer "No" because
>It is not the first time she is applying as a spouse as she did apply before to get the tier-1 dependant visa

Pls correct if I am wrong here.

Regards
Manav
Applying as "PBS dependant" is not same as applying as "spouse of a settled person". Both are mutually exclusive immigration categories.

Thank you so much for your reply sushdmehta. I would answer "Yes" to that question

rahim_dad · Post by **rahim_dad** » Mon May 14, 2012 4:04 pm

Yes is the correct answer bmanav26 as my wife got her FLR (M) extension successfully last month so don't worry. All the best

blessco_system · Post by **blessco_system** » Sat May 19, 2012 5:18 pm

rahim_dad wrote:Yes is the correct answer bmanav26 as my wife got her FLR (M) extension successfully last month so don't worry. All the best

Rahim...what did you present with respect to English language requirement for FLR(M)?

Many Thanks in Advance,

Immigrationboards.com: Immigration, work visa and work permit discussion board

Time Limit to switch to FLR(M)

Time Limit to switch to FLR(M)