ILR and FLR (M) for wife can i apply via PEO ?

HI Guys,

I will be applying ILR soon on tier 1 . My wife have arrived couple of months ago.

As my case is also not straight forward so should i apply through PEO or by post ?

Should i send Set(o) and FLR(m) together or what ?

how much i will be charged ? as flr(m) has separate fees.

so any one have applied like this ?

regards

fahadz1 wrote:As my case is also not straight forward so should i apply through PEO or by post ?

Without knowing your complete immigration history it's very difficult to answer your question.
For your other questions, have you actually read the form(s) or guidance?

malepiscean wrote:

fahadz1 wrote:As my case is also not straight forward so should i apply through PEO or by post ?

Without knowing your complete immigration history it's very difficult to answer your question.
For your other questions, have you actually read the form(s) or guidance?

I'm on tier 1 completing 5 years. every thing is fine just 6 months gaps consecutive for personal reasons.

I have read the forms but didn;t understand thats y i put my query here. on Guiadance it says that Spouse should be in UK for 2 years to get ILR.

No where is written 2 forms (set o and flr(m) )will go in one application and what to do if spouse is less than 2 years in UK.

Hope it make sence

If the dependant is applying for ILR at the same time as you, then their details are entered on your form, and do not need to complete a seperate form. Their is a reduced fee if the dependant is included on your form. These are in the guidance notes, and also on the payment page of the application form. This is only if she is applying for ILR at the same time as you.

As far as I am aware your dependant will have to have lived with you for 2 years before they can also apply for ILR with you (even if she is your wife). If not, she will have to apply for a dependacy visa assuming your ILR application is sucessful. This will require a seperate form as she will not be applying for ILR, rather a dependacy visa as a spouse.

So, in your case, your wife will need to apply for a dependancy visa (not ILR). She will need her own form, and her own fees. You can send the forms together.

As for your case not being straight forward, the Home Office do say that you should rather apply by post.

you will use SET(O) form and your wife will use FLR(O)

linkers wrote:you will use SET(O) form and your wife will use FLR(O)

hey linkers, am I wrong in saying that he should be using FLR(M) (not FLR(O) for his wife after he is granted ILR ?

He will need to use FLR(M). Wife already in the UK, applying as dependant of a settled person.

http://www.ukba.homeoffice.gov.uk/visas ... ing-in-uk/

Sorry my bad, Daphne_ZA is right, she would need FLR(M)

linkers wrote:Sorry my bad, Daphne_ZA is right, she would need FLR(M)

I am on the same boat but the only difference is i am under HSMP-JR, do i still need to fill up seperate appliaction form for my wife.

Many Thanks in advance.

thanks you very much guys...

i will make seperate form for her ? and i think fee is also much more than dependant.

fahadz1 wrote:thanks you very much guys...

i will make seperate form for her ? and i think fee is also much more than dependant.

yes, she has to apply on a separate form, and pay a separate fee as she is not applying for ILR with you. When does your wife's leave expire and when are you applying for ILR? You may wish to wait until your application is granted unless your wife's leave will expire in the process.

Greenie wrote:

fahadz1 wrote:thanks you very much guys...

i will make seperate form for her ? and i think fee is also much more than dependant.

yes, she has to apply on a separate form, and pay a separate fee as she is not applying for ILR with you. When does your wife's leave expire and when are you applying for ILR? You may wish to wait until your application is granted unless your wife's leave will expire in the process.

she has the same LTR as i have. so i think I have to post or PEO at same time.

I am not trying to hijack the thread but one of my friend has a similar issue. He is applying for SET(O) on 21st of January 2012. But his wife (whose visa is also expiring at the same time as his) has only been in UK living with him for 1 year and 7 months (although they have been married for 2 years and 2 months in total). They also have a child born in UK. Can he include his wife's name in his SET(O) application with his child or no?
The SET(O) form states:

"If you have a spouse or civil partner listed in section 2 of this application form who is applying at the same time as you, please provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse."

Now these words of upto a maximum of 2 years are very misleading (atleast to me). Does it mean it can be a little less than two aswell otherwise they would have said atleast or minimum of 2 years.

Would be greatful for a quick reply from experts.

fahadz1 wrote:

Greenie wrote:

fahadz1 wrote:thanks you very much guys...

i will make seperate form for her ? and i think fee is also much more than dependant.

yes, she has to apply on a separate form, and pay a separate fee as she is not applying for ILR with you. When does your wife's leave expire and when are you applying for ILR? You may wish to wait until your application is granted unless your wife's leave will expire in the process.

she has the same LTR as i have. so i think I have to post or PEO at same time.

The problem is your wife can't switch until you have been granted ILR. If she applies at the PEO on the same day, then in the event your application hasn't been decided (because they can't make a decision on the day) your wife's application will fall for refusal. Also bear in mind you can't book a family app at the PEO as you are not applying together as a family.

I think you have a few options

1)
Book an appt for yourself in the morning, and you wife later in the day and risk not being able to submit your wife's application if yours isn't granted

2) Apply yourself by PEO and then submit your wife's application by post before her leave expires, and hopefully also once you have ILR (and if not ask them to not consider her app until yours is granted)

3) Submit both apps by post (separately, as they need to be posted to the relevent addresses on the forms) and ask that your wife's app is not considered until yours is, although we did have a member of the forum who did this and his wife's app was considered first and refused.

hsmp_victory wrote:I am not trying to hijack the thread but one of my friend has a similar issue. He is applying for SET(O) on 21st of January 2012. But his wife (whose visa is also expiring at the same time as his) has only been in UK living with him for 1 year and 7 months (although they have been married for 2 years and 2 months in total). They also have a child born in UK. Can he include his wife's name in his SET(O) application with his child or no?
The SET(O) form states:

"If you have a spouse or civil partner listed in section 2 of this application form who is applying at the same time as you, please provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse."

Now these words of upto a maximum of 2 years are very misleading (atleast to me). Does it mean it can be a little less than two aswell otherwise they would have said atleast or minimum of 2 years.

Would be greatful for a quick reply from experts.

your friend needs to register and post himself since whether his wife can apply with him depends on

1) what leave the wife/your friend currently have
2) on what basis he is applying for settlement.

Greenie wrote:

fahadz1 wrote:

Greenie wrote:

fahadz1 wrote:thanks you very much guys...

i will make seperate form for her ? and i think fee is also much more than dependant.

yes, she has to apply on a separate form, and pay a separate fee as she is not applying for ILR with you. When does your wife's leave expire and when are you applying for ILR? You may wish to wait until your application is granted unless your wife's leave will expire in the process.

she has the same LTR as i have. so i think I have to post or PEO at same time.

The problem is your wife can't switch until you have been granted ILR. If she applies at the PEO on the same day, then in the event your application hasn't been decided (because they can't make a decision on the day) your wife's application will fall for refusal. Also bear in mind you can't book a family app at the PEO as you are not applying together as a family.

I think you have a few options

1)
Book an appt for yourself in the morning, and you wife later in the day and risk not being able to submit your wife's application if yours isn't granted

2) Apply yourself by PEO and then submit your wife's application by post before her leave expires, and hopefully also once you have ILR (and if not ask them to not consider her app until yours is granted)

3) Submit both apps by post (separately, as they need to be posted to the relevent addresses on the forms) and ask that your wife's app is not considered until yours is, although we did have a member of the forum who did this and his wife's app was considered first and refused.

its very confusing. I dont think this option will work that '1)
Book an appt for yourself in the morning, and you wife later in the day and risk not being able to submit your wife's application if yours isn't granted'

They some times take hours to make decision etc.

2nd option i don't understand if they hold your case for ILR and after few days you send your wife case and tell them don't decide her case until i get ILR. do they listen like this ?? i mean they will deduct app fees and hold case and when you granted or not she will get decision on hers ???

3rd option .... i dont undestand you send by post on different dates ??
I belive wether PEO or by post .. both application should be submitted together.

you cannot apply together for the reasons already explained. You can't book a family appointment because you are not applying together as a family, so you can't submit the applications together at the PEO.

The SET(O) and FLR(M) forms have different postal addresses, therefore if your enclosed the FLR(M) form with the SET(O) it could cause problems as it will have to directed to the correct team or they may treat it as an invalid application.

If you apply in person a few weeks before your leave expires (presuming you qualify then), you should, if your application is straightforward, have your ILR in time for your wife to apply for FLR(M) by post before her leave expires. With respect to whether they will hold off on a decision, there is no guarantee they will, but I am not sure there is a better option.

I think I have expanded on this enough. If you want further advice consult and pay an immigration solicitor for it.

Greenie wrote:you cannot apply together for the reasons already explained. You can't book a family appointment because you are not applying together as a family, so you can't submit the applications together at the PEO.

The SET(O) and FLR(M) forms have different postal addresses, therefore if your enclosed the FLR(M) form with the SET(O) it could cause problems as it will have to directed to the correct team or they may treat it as an invalid application.

If you apply in person a few weeks before your leave expires (presuming you qualify then), you should, if your application is straightforward, have your ILR in time for your wife to apply for FLR(M) by post before her leave expires. With respect to whether they will hold off on a decision, there is no guarantee they will, but I am not sure there is a better option.

I think I have expanded on this enough. If you want further advice consult and pay an immigration solicitor for it.

I dont understand ... you know that UKBA never return your application until your LTR expire .. in this case how come i wait for my wife to wait or when she will send her case ?

and about holding thing ? they will deduct about 800 pounds and stop making any decision and if soem thing happen to ILR they will straight away send application wife application back without even look at it . is this is what you trying to explain. i will call UKBA tomorrow and find out what is the best no to reach ?

I would be surprised if you got any sense out of UKBA on this. you really need to seek independent legal advice as already suggested.

If you apply for ILR in person 28 days before your leave expires (assuming you meet the requirements then), and your application is straightforward, the chances are you will be granted ILR on the day which means your wife can immediately apply on FLR(M) by post (or person if you manage to get her appt before her leave expires).

If for any reason they cannot make a decision on your ILR application on the day (because same day decisions are not guaranteed), then your wife should apply by post as late as possible (but before her leave expires), and ask that they don't make a decision on her application until yours is decided. They will still take the fee. If your ILR application is refused in the meantime, then they won't send her application back, they will refuse hers as well, as you don't have ILR and therefore she won't meet the requiremetns as the spouse of a person with ILR.

There is also a chance that they could ignore your request to consider your application first and refuse her application before a decision is made on yours, but this chance will be mitigated if you have already applied in person a few weeks before because you will hopefully have a decision by then. If you don't then your wife can also buy some extra time with her decision by delaying when she enrols biometrics (she doesn't need to make an appointment to enrol biometrics for 3 weeks after she recieves the biometric invitation letter).

Hi ,

I called to UKBA for this issue.

I called first time . after 10 mins of waiting i dc. they r making money .

Second time i called they pick up after 15 minutes of waiting.

I discuss with lady following is the option.

Option 1.

Book my ILR appointment and same day later for my wife.

Option 2.

Post ILR and FLR(m) on respectives address provided with covering letter explaining situation.

Option 3.

I should go to PEO and if they dont hold my case then apply flr(m) next day by PEO or by post.

If they hold my case then apply flr(m)by post before LTR expires or my wife should go back home and wait for my ILR granted then she can apply from there.


These are the options she discuss with me.

I think I will be going for option 1.

so basically the options I already gave you! - apart from your wife going home which I think is not necessary.

Greenie wrote:so basically the options I already gave you! - apart from your wife going home which I think is not necessary.

ya u r right. but you told me there is a case where caseworker have make decision before main applicant decision.

What i want to make sure..

that if they hold case first they dont deduct money as they are not processing and second they shouldn't decide the case until my caae is decided.

who can give gurantee of this one ? UKBA customer services was confident that if I write covering letter they will hold the case and will not make decision. hope this make sense

They will take the fee -you can't request that they don't because without paying the fee she has not made her application. You will not get the fee refunded in the event that your application is refused.

It is not that they are not processing her case rather they are considering your application before hers. They will still take the fee, check the application is valid and send out the biometric invitation letter because all of this is done before a caseworker looks at the application and your letter. No one can guarantee that they will not make a decision on your wifes application first however the chances are they will decide your first and in addition if you apply 28 days before your leave expires in person then you will have four weeks to wait for your decision before you will need to post your wife's application and she can also delay her biometrics as already explained.

Greenie wrote:They will take the fee -you can't request that they don't because without paying the fee she has not made her application. You will not get the fee refunded in the event that your application is refused.

It is not that they are not processing her case rather they are considering your application before hers. They will still take the fee, check the application is valid and send out the biometric invitation letter because all of this is done before a caseworker looks at the application and your letter. No one can guarantee that they will not make a decision on your wifes application first however the chances are they will decide your first and in addition if you apply 28 days before your leave expires in person then you will have four weeks to wait for your decision before you will need to post your wife's application and she can also delay her biometrics as already explained.

thank you for your valuable advise. do they make decision in 4 weeks time ? i dont think so. 6 weeks are normal.
I have to see what docs i need to submit with wife application . I need to take out duplicate statements to send with wife application i think...
thanks

Greenie can you and any one can confirm that 28 days before means 28 days including weekends or excluding weekends ?