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ILR and Spouse/partner visa

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

nionlight
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Joined: Sat Sep 29, 2007 3:51 pm

Post by nionlight » Sat Oct 05, 2013 2:47 pm

D4109125 wrote:
nionlight wrote:My wife is almost in same situation and I need some urgent help please:

She entered uk on October 11th 2011 with Tier-1 dependent visa. Changed it to flr (m) when I got ILR on September 25 th 2012. ( she went back home and stayed there 5/6 months and I hope there is no residency requirement for spouse?)

Now can she apply for ILR after October 11th this year? If that is the case it will be great because then she can apply before 28th when new rule comes in to affect.

Thanks in advance :D
She can apply from 28 days before her 2 years in the UK combining the time as a PBS dep by virtue of 287(a)(i)(d). Absences should be limited and for good reason, i.e. maternity, family illness/death etc.... Also note that for immigration applications, the old forms can be used for 21 days following 28/10/13.

See also, ILR - PBS DEP - FLR(M) ROUTE UPDATE (click)
Thanks Amber. The link you provided is opening the main forum which is http://www.immigrationboards.com/viewforum.php?f=6 is that where I should look for?

Amber
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Mood:

Post by Amber » Sat Oct 05, 2013 5:22 pm

Apologies, see here (click)
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

fannofler
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Posts: 49
Joined: Tue Jul 12, 2011 4:22 pm
Location: Wembley

Post by fannofler » Wed Oct 23, 2013 4:36 pm

Hi Amber and Vinny

Back with another question..sorry!

As per previous posts I was going to apply for my wife's PBD dep extension in post and then vary it to SET(O) when she became eligible.

Now, we have just discovered that my wife wants travel home to India to attend her sister’s wedding which has just been fixed for Feb 14 2014 and Looking at the timelines for ILR it seems highly unlikely that we will have her passport and BRP (and mine) by then.

so based on the situation and trying to keep the costs to a minimum i am thinking to Apply for FLR(m) for my wife in PEO - approx. £900 and then follow it up with SET(M) once she is eligible in Jan 2014, again PEO approx. £1450. Does this work by virtue of rule 287(a)(i)(d) - where i can amalgamate her time as PBS dependent and FLR(M) - Are there any risks taking this route.

The overall cost difference if i were to go for PBS Dep Extension - PEO and then SET(O) - PEO is approx. £1000 so I am in a bit of a quagmire.

Dates reminder – Wife – Entered UK on Tier 1 General Dependent on 21 Jan 2012
Visa Expiry date 03/12/2013 So short by approx 20 days for the 28 day rule to apply for ILR for her.

My ILR PEO appointment date – 6th Nov 2013 (28 days before my Tier 1 general visa expiry date 03/12/2013) PBS Tier 1 general 5 year route.

Thank you

vinny wrote:See also vary.

fannofler
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Post by fannofler » Thu Oct 24, 2013 8:31 am

Anyone?
fannofler wrote:Hi Amber and Vinny

Back with another question..sorry!

As per previous posts I was going to apply for my wife's PBD dep extension in post and then vary it to SET(O) when she became eligible.

Now, we have just discovered that my wife wants travel home to India to attend her sister’s wedding which has just been fixed for Feb 14 2014 and Looking at the timelines for ILR it seems highly unlikely that we will have her passport and BRP (and mine) by then.

so based on the situation and trying to keep the costs to a minimum i am thinking to Apply for FLR(m) for my wife in PEO - approx. £900 and then follow it up with SET(M) once she is eligible in Jan 2014, again PEO approx. £1450. Does this work by virtue of rule 287(a)(i)(d) - where i can amalgamate her time as PBS dependent and FLR(M) - Are there any risks taking this route.

The overall cost difference if i were to go for PBS Dep Extension - PEO and then SET(O) - PEO is approx. £1000 so I am in a bit of a quagmire.

Dates reminder – Wife – Entered UK on Tier 1 General Dependent on 21 Jan 2012
Visa Expiry date 03/12/2013 So short by approx 20 days for the 28 day rule to apply for ILR for her.

My ILR PEO appointment date – 6th Nov 2013 (28 days before my Tier 1 general visa expiry date 03/12/2013) PBS Tier 1 general 5 year route.

Thank you

vinny wrote:See also vary.

ISingh2008
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Location: Reading, UK

Post by ISingh2008 » Thu Oct 24, 2013 7:21 pm

fannofler wrote:Anyone?
fannofler wrote:Hi Amber and Vinny

Back with another question..sorry!

As per previous posts I was going to apply for my wife's PBD dep extension in post and then vary it to SET(O) when she became eligible.

Now, we have just discovered that my wife wants travel home to India to attend her sister’s wedding which has just been fixed for Feb 14 2014 and Looking at the timelines for ILR it seems highly unlikely that we will have her passport and BRP (and mine) by then.

so based on the situation and trying to keep the costs to a minimum i am thinking to Apply for FLR(m) for my wife in PEO - approx. £900 and then follow it up with SET(M) once she is eligible in Jan 2014, again PEO approx. £1450. Does this work by virtue of rule 287(a)(i)(d) - where i can amalgamate her time as PBS dependent and FLR(M) - Are there any risks taking this route.

The overall cost difference if i were to go for PBS Dep Extension - PEO and then SET(O) - PEO is approx. £1000 so I am in a bit of a quagmire.

Dates reminder – Wife – Entered UK on Tier 1 General Dependent on 21 Jan 2012
Visa Expiry date 03/12/2013 So short by approx 20 days for the 28 day rule to apply for ILR for her.

My ILR PEO appointment date – 6th Nov 2013 (28 days before my Tier 1 general visa expiry date 03/12/2013) PBS Tier 1 general 5 year route.

Thank you

vinny wrote:See also vary.
Hi,
I have an exactly similar situation....
I recently got ILR -- From Tier 1 General (5 Year rule).. and my wife is in the UK on PBS Dependant visa... her visa is valid for next 3 months but 1 month short for her ILR eligibility .... (She falls under 2 year ILR Dependant rule)
So I will have to get 1 Extension for her so that she completes 2 years and be eligible for ILR..... and am wondering if I should get her Extension using FLR(M) or as PBS Dependant....
FLR (M) is a cheaper option...
But can anyone please confirm that the time she has already spent in the UK as PBS Dependant be counted for ILR under FLR (M)??
or switching to this category from PBS Dependant reset the counter and she will have to spend 5 years to be eligible for ILR??

fannofler
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Location: Wembley

Post by fannofler » Wed Oct 30, 2013 11:08 am

Looking at my wife’s passport I have another idea…would like experts opinions on this. below are the dates and immigration history for my wife.

First entered UK as Student EC granted from India Aug 2008 – March 2010 for Master’s degree.
Degree completed in Feb 2010 and she applied for PSW granted from April 2010 – April 2012.
In September 2011 She went back to India due to family reasons, feeling homesick and not finding suitable job relating to her field.
We got married 1st Dec 2011 in India, Applied for her dependent visa from VFS Delhi, she got her Tier 1 Dependent visa on 16th Dec 2011 – 3rd Dec 2013 and came to UK on 16th Jan 2012.

I am eligible for ILR from 6th Nov 2013 onwards but been thinking of different options for my wife.

Is there any way to use her PSW visa she had to qualify…or apply for her ILS with mine on say 20th November 2013 via PEO. I am thinking of the best option to go via PEO appointment as the Postal application as kindly pointed out by the experts previously is not an option anymore.

Just looking for ideas? Thanks

fannofler
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Post by fannofler » Thu Oct 31, 2013 7:09 pm

Hey guys

can someone comment on my previous post please??

I guess i am tryign to check if we can use my wife's PSW visa which she had prior to changing to PBS dependent for the probationary period of 2 yrs ?

vinny
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Post by vinny » Thu Oct 31, 2013 10:16 pm

It may be possible to include a period when she was on PSW, if 319E(d)(i) is applicable and she was also living with you in the UK, akin to marriage, during that period.
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fannofler
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Post by fannofler » Thu Nov 14, 2013 2:35 pm

For benefit of other members regarding the English Language requirements post 28th Oct..please see below. A print out form the Points calculator should suffice if awarded 10 points. Reference email below.
***********************************************

Dear ***,

Where a PBS dependant falls short of the qualifying period for ILR they can apply to extend their leave under the PBS dependant rules. Successful applicants are granted a further period of three years and can apply for ILR at any point once they complete the qualifying period. She would do this by applying on the PBS (Dependant) application form together with the relevant fee and supporting documents.

With regard to your question on the new knowledge of language and life in the UK, if you have a qualification that was taught or researched in English you can meet the language part of the requirement if:
- Your qualification is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, or
- Your qualification was taught or researched in an English speaking country other than Canada (see list below).

You will need to send your certificate as evidence of your qualification.

UK NARIC regularly update the online points based calculator (which is on our website) with information about various degrees. If you obtained a degree overseas and were awarded ten points for English language skill, you can submit evidence from the online points calculator, together with the original degree certificate, to demonstrate that you can satisfy the English language element of the Knowledge of Language and Life in the UK (KOLL) requirement.

Alternatively, you can obtain confirmation from UK NARIC that your qualification was taught or researched in English by requesting an English Language Assessment (ELA). Details of how to contact UK NARIC can be found at: http://ecctis.co.uk/naric/Contact%20Us.aspx

I hope this sufficiently addresses your query.

Kind regards

*****

ISingh2008
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Location: Reading, UK

Post by ISingh2008 » Sun Nov 17, 2013 11:23 am

fannofler wrote:For benefit of other members regarding the English Language requirements post 28th Oct..please see below. A print out form the Points calculator should suffice if awarded 10 points. Reference email below.
***********************************************

Dear ***,

Where a PBS dependant falls short of the qualifying period for ILR they can apply to extend their leave under the PBS dependant rules. Successful applicants are granted a further period of three years and can apply for ILR at any point once they complete the qualifying period. She would do this by applying on the PBS (Dependant) application form together with the relevant fee and supporting documents.

With regard to your question on the new knowledge of language and life in the UK, if you have a qualification that was taught or researched in English you can meet the language part of the requirement if:
- Your qualification is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, or
- Your qualification was taught or researched in an English speaking country other than Canada (see list below).

You will need to send your certificate as evidence of your qualification.

UK NARIC regularly update the online points based calculator (which is on our website) with information about various degrees. If you obtained a degree overseas and were awarded ten points for English language skill, you can submit evidence from the online points calculator, together with the original degree certificate, to demonstrate that you can satisfy the English language element of the Knowledge of Language and Life in the UK (KOLL) requirement.

Alternatively, you can obtain confirmation from UK NARIC that your qualification was taught or researched in English by requesting an English Language Assessment (ELA). Details of how to contact UK NARIC can be found at: http://ecctis.co.uk/naric/Contact%20Us.aspx

I hope this sufficiently addresses your query.

Kind regards

*****
Hi fannofler,
Do we need fulfill the English Language requirement for Depandant even if he/she is applying for an extension under PBS Dependant??

I belive it is only for dependant ILR under PBS...

Please advise...

Thanks

fannofler
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Location: Wembley

Post by fannofler » Sun Nov 17, 2013 11:40 am

You are correct, english requirements only apply to ILR applicant

fannofler
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Success and Varying Query

Post by fannofler » Wed Nov 20, 2013 9:25 pm

Thanks to everyone who helped my queries and in particular, Vinny and Amber.

My ILR was granted this morning
SET (O) Tier1 Gen

8:30 Appointment at Croydon
8 am - got in, security done
8:15 Token assigned
8:30 case registered,
8:40 Bio Done
Approx 9:20 - Case under progress
10:45 Docs received approveed, all done

I have a query regarding my wife, as we are applying for her PBS Dep extensiona and then vary it to SET(O)

Do I need to send my original passport and BRP (main applicants) with my wifes applications (initially PBS Dep and then vary to SET (O))

Thanks

vinny wrote:See also vary.

sidhujazz
Member
Posts: 142
Joined: Thu Oct 10, 2013 3:21 pm

Post by sidhujazz » Thu Nov 21, 2013 9:45 am

Hi Amber,

I am applying for a SET(M).

Do i need to photocopy every single document and take it with me to the PEO?

I have a big file, it would cost a lot of photocopy everything, is this mandatory?

Thank you.

Dil

fannofler
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Post by fannofler » Thu Nov 21, 2013 11:49 am

Do it at work... :wink: :wink:

you do not need to photocopy the cohab docs i think..and photocopies are just for the case workers convenience and not a requirement.
sidhujazz wrote:Hi Amber,

I am applying for a SET(M).

Do i need to photocopy every single document and take it with me to the PEO?

I have a big file, it would cost a lot of photocopy everything, is this mandatory?

Thank you.

Dil

fannofler
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Posts: 49
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Location: Wembley

Post by fannofler » Thu Nov 21, 2013 2:33 pm

Can someone please confirm if the main applicant needs to send their original passport and BRP with tier 1 PBS Dependent extension and also for Dependent ILR application by post.

I called up the HO who advised that you can send the copies with a cover letter explaining the reason (travel requirements in my case. )

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