Dependent of 10 years Long Residence ILR

Saleemshaz · Post by **Saleemshaz** » Fri Jul 20, 2012 4:10 pm

Hello,
I have recently got my ILR on 10 year LR. My previous status was Work permit which was issued on December 2007 and was valid until December 2012. My query is as I have not included my dependent with my application on 10 year ILR. Can the dependent be eligible for ILR who has been living in UK for last 3 years as work permit dependant? Or do I have to apply for 2 years dependant visa using FLR (M)

Also do the dependent have to take the A1 ESOL test if applying for 2 years dependent visa using FLR (M) form as the dependent has been living in this country for last 3 years?

Please advice on this.

Many thanks.

hemalay · Post by **hemalay** » Wed Jul 25, 2012 8:35 am

I am exactly in same situation. see my post

Accoring to sticky topic dependents are allowed to apply for settlement directly under sec 319E

The Set(M) guidance notes on UKBA website and text on UKBA website are older version (04/2012) and do not reflect changes made with section 319E.

Although older work permit were not point based system but they come under transition arrangements (IMHO)

Well, all this is my own understanding.

See here last post made by Dino99.

I am also confused and waiting for updated Set (M) guidance notes. any input by seniors could save us both the hassle of filling in FLR (M) form and application fee.

asim72 · Post by **asim72** » Sat Jul 28, 2012 12:39 am

Don't catch me on this, but I am pretty sure that your spouse can apply for ILR under 196D http://www.ukba.homeoffice.gov.uk/polic ... les/part5/

Saleemshaz · Post by **Saleemshaz** » Sun Jul 29, 2012 7:35 pm

Thanks guys for you reply

My understanding of paragraph 196D is that, who has got the ILR on the basis of work permit I assume their dependent can apply for ILR. I might be wrong please correct me if i am.
Also I got the ILR on the basis of 10 year long residence not as work permit holder.

RKUK · Post by **RKUK** » Wed Jul 24, 2013 4:14 pm

Hi ,

What about the Dependent of ILR 10 year
Currently I am on Tier1(g) visa valid up to Jan-2015.
I have applied for ILR(10 year) on April-2013.

My wife is currently on Tier1(g) Dependent , she is in UK as my dependent since May-2009.

My Query is when I get my ILR(10Year), can she apply for her ILR
If so which from to use?

Regards
RK

Amber · Post by **Amber** » Wed Jul 24, 2013 4:31 pm

RKUK wrote:Hi ,

What about the Dependent of ILR 10 year
Currently I am on Tier1(g) visa valid up to Jan-2015.
I have applied for ILR(10 year) on April-2013.

My wife is currently on Tier1(g) Dependent , she is in UK as my dependent since May-2009.

My Query is when I get my ILR(10Year), can she apply for her ILR
If so which from to use?

Regards
RK

Yes, though she may need to switch to flr(m) then to set(m).

RKUK · Post by **RKUK** » Mon Jul 29, 2013 12:23 pm

Hi Guru,

Many thanks for your reply.

My wife is in UK since 4 year ,
Does she still have to qualify for the flr(m) 2year rule?

As you have suggested she have to apply flr(m) and then to set(m)

how long she have to wait after flr(m) to apply for set(m)?

looking forward for your reply

Regards
RKUK

Amber · Post by **Amber** » Mon Jul 29, 2013 12:27 pm

As soon the flr(m) is granted you can apply set(m) as per immigration rule 287(a)(I)(d).

RKUK · Post by **RKUK** » Mon Jul 29, 2013 4:38 pm

Hi,

Many thanks for your reply,

As you have suggested that my wife can apply for flr(m) and as soon as she gets it again apply for set(m).

is it compulsory to apply for flr(m) and then set(m) , though her tier1 dep. visa is valid till 2015.

So we have to pay visa fee Twice!

Looking forward for your reply.

Regards
RK

Amber · Post by **Amber** » Mon Jul 29, 2013 5:24 pm

Well perhaps not, it depends on who is on (the caseworker) complete both set(m) and flr(m) and see if they'll accept set(m) first, if not you'll have to use flr(m). Although, someone hit pot luck recently and applied using set(o). No consistency I'm afraid,

RKUK · Post by **RKUK** » Sun Aug 04, 2013 7:15 pm

Many Thanks for your reply,

Are you suggesting to Post both the forms at the same time, or attend in person with both the forms?

Please do you have any email or phone number of HO for ILR enquiry.

Best Regards

Amber · Post by **Amber** » Sun Aug 04, 2013 8:09 pm

Posting the forms wouldn't work it'd have to be PEO. If you email the Home Office they'll tell you to flr(m) then set(m) which is correct but like I said someone recently skipped the flr(m) and went straight to set(m) which to me is fairer not to mention cheaper but not by the rules.

RKUK · Post by **RKUK** » Thu Aug 08, 2013 9:59 am

Many Thanks for your Help.

vinny · Post by **vinny** » Thu Sep 26, 2013 9:13 am

RKUK wrote:Dear All ,

I got my ILR today.
may thanks for all the help I got from the Forum Members.

Now I have to apply for my Wife's ILR. Need your Help which form to use?

She in UK since May-2009 in Tier(1) dependent visa.
Her visa is valid up to Jan-2015.

Does she have to Apply FLR(m) or directly apply Set(m) ?
She has passed Life in UK test.
I want to apply before the rules changes in Oct-2013.

Need Help Please.

Regards
RK

Amber · Post by **Amber** » Thu Sep 26, 2013 9:15 am

Most recent cases have required FLR(M) then SET(M).

RKUK · Post by **RKUK** » Thu Sep 26, 2013 10:38 am

D4109125 wrote:Most recent cases have required FLR(M) then SET(M).

Many Thanks for your reply.

after getting FLR(m) does she needs to wait for 2years for SET(m), or can apply immediately?

Thanks in advanced.

Regards
RK

vinny · Post by **vinny** » Thu Sep 26, 2013 10:45 am

D4109125 wrote:As soon the flr(m) is granted you can apply set(m) as per immigration rule 287(a)(I)(d).

Damanisshallo · Post by **Damanisshallo** » Thu Sep 26, 2013 11:28 am

RKUK wrote:is it compulsory to apply for flr(m) and then set(m) , though her tier1 dep. visa is valid till 2015.

So we have to pay visa fee Twice!

Not Necessarily.

Since she's already been as your dependent for more than 2 yrs on Tier1 dependent, I have an impression that she can apply for her settlement if she's already got her LITUK certificate.

Read this post to understand how and what to do.

Addition: I am not sure but I've heard that at Solihull PEO, they only ask you to pay the fee after considering your application. So you can try there.

vinny · Post by **vinny** » Thu Sep 26, 2013 11:50 am

Technically, 319E(b) & 319E(c ) isn't satisfied if the main applicant wasn't granted ILR as a Relevant Points Based System Migrant.

However, some people have succeeded at a PEO.

Damanisshallo · Post by **Damanisshallo** » Thu Sep 26, 2013 12:05 pm

I personally think the logic is, The SET(O) Form doesn't ask on what basis the main applicant was granted ILR and neither does the ILR BRP Card unlike FLR(M)/SET(M). So, Yes a bit of luck is needed. Again this is my personal opinion and the story is based on a real person who is a close friend of mine.

Amber · Post by **Amber** » Thu Sep 26, 2013 12:11 pm

As Vinny states, you will be relying on luck and I'm only aware of one recent case that was lucky. Thus, it makes sense to apply for FLR(M).

Damanisshallo · Post by **Damanisshallo** » Thu Sep 26, 2013 12:19 pm

Why not give a try at Birmingham...After all there is nothing to lose..also the OP has enough valid leave to play around...and with regards to the number of people succeeded, I know at least a dozen of them who got it this way...but then yes all these samples could be from a lucky pot...Its completely to the OP what he/she wants to do...? Remember, Fortune favors the brave

RKUK · Post by **RKUK** » Thu Sep 26, 2013 1:37 pm

vinny wrote:
D4109125 wrote:As soon the flr(m) is granted you can apply set(m) as per immigration rule 287(a)(I)(d).

Many Thanks to all for helping me with this.

I have another query regarding English Language Requirement.
I was reading the FLR(m) guide and I found this.

e) You must meet the English language requirement

** Does she needs to prove the English Language Requirement?
** Do I need to send the Life in UK pass certificate with FLR(m) form.

( out of context question ,does any one have idea how long to have to wait in queue if she apply in PEO as she is not very well.)

Many thanks
RK

Amber · Post by **Amber** » Thu Sep 26, 2013 1:58 pm

For FLR(M) there is a A1 English Language requirement.

For SET(M) before 28/10/13 then LIUK will suffice, for SET(M) after 28/10/13 then LIUK + B1 English language requirement.

RKUK · Post by **RKUK** » Fri Sep 27, 2013 9:59 am

D4109125 wrote:For FLR(M) there is a A1 English Language requirement.

For SET(M) before 28/10/13 then LIUK will suffice, for SET(M) after 28/10/13 then LIUK + B1 English language requirement.

Many Thanks your reply,

Could you please give me some idea , which is the best(universal) English exam my wife can write, so that can be used in both FLR(m) and SET(m).

Best Regards
RK

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Dependent of 10 years Long Residence ILR

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