Applying FLR(M) visa for wife while the husband is still waiting for ILR (no super priority due to corona virus)

Dear Sir/Madam,

I will apply ILR this 26th June 2020. I found that due to the pandemic, the super priority and priority services to get a fast decision for my ILR application is temporarily not available. Hence, I need to go for the normal route that will require decision time up to 6 months.

The problem is that my wife visa (tier 2 dependant) will finish by this July 31 and will need to apply for family visa. She cannot apply the ILR with me since she is still 4 year under tier 2 (She came to the UK 1 year after me). For her family visa application, she will need my ILR, being approved, to apply for the family visa.
In case there is no super priority for my ILR, at that point when my wife need to apply the family visa, my ILR may not yet finished and still under process.

My question are:
1. Should she just apply the family visa while I am waiting for my ILR (in parallel with my ILR application)?
2. We have a 2.5 years old daughter that was born in the UK. We plan to apply citizenship after I get my ILR. This should be no problem?. For my daughter just to wait until my ILR being approved?

Thank you for your information
Cheers,

Why do you want to switch her visa category to FLR(M), which resets her ILR clock to zero?

If you are applying for ILR based on 5 years Tier 2, then she applies to extend her tier 2 dependent visa. She must apply before her visa expires.

Fine for your daughter.

Thanks for the reply.

I need to switch her visa from Tier 2 dependent to FLR(M) because my tier 2 and her tier 2 (dependent) will expired on 31 July 2020. I will complete my 5 years period with tier 2 on 23 July 2020. So, I will apply for ILR on the 23rd July and she cannot apply for Tier 2 dependent since I will not have a tier 2 Visa. could you please give suggestion for my situation?

also, form this forum, for my wife to apply settlement via SET(M), the period will be the combination of period during Tier 2 dependent (4 years) + FLR(M) (> 1year). is is correct?

Many thanks for youre help.

cheers,

I need to switch her visa from Tier 2 dependent to FLR(M) because my tier 2 and her tier 2 (dependent) will expired on 31 July 2020. I will complete my 5 years period with tier 2 on 23 July 2020. So, I will apply for ILR on the 23rd July and she cannot apply for Tier 2 dependent since I will not have a tier 2 Visa. could you please give suggestion for my situation?

Nonsense. She does NOT have to switch to FLR m. The immigration rules permit her to apply for tier 2 dependent extension if you apply or have ilr based on tier 2 and 5 years residence. She will get a 3 year extension. You don't seem to understand the immigration rules about this or you have been poorly advised.

immigration-for-family-members/dependan ... 14832.html

also, form this forum, for my wife to apply settlement via SET(M), the period will be the combination of period during Tier 2 dependent (4 years) + FLR(M) (> 1year). is is correct?

No it is NOT correct. Set M must be 5 years on FLR m visa. You cannot combine different visa categories to make up 5 years for ilr on Set M. Switching to FLR M resets her ILR clock to zero and a new 5 year period (2 X 2.5 year visas) before she can apply for ilr.

Thanks!

it is clear now that, fisrt I will need to get my ILR and apply Tier 2 extension for my wife visa.

although, the ILR super priority is close now and I have to apply for 6 month route. this means that at the time my wife need to extend the tier 2, my ILR may not yet finish?

the 28 days before 5 year we can apply right> this rule is still valid right although the web i snot mention it anymore?

many thanks for your help

although, the ILR super priority is close now and I have to apply for 6 month route. this means that at the time my wife need to extend the tier 2, my ILR may not yet finish?

It doesn't matter. She will only get a tier 2 dependent extension once your ILR is granted. She must apply before her visa expires and you can add a cover letter about your ILR application.

the 28 days before 5 year we can apply right> this rule is still valid right although the web i snot mention it anymore?

Yes, nothing has changed about the 28 days concession.

thanks! everything is clear now.

I will proceed my ILR and also Tier 2 extension for my wife.

one last question if you do not mind. for my doughter (her tier 2 visa dependent will finish also end of July. yes, I made her a visa even though she was born in England). It does not matter if I apply her citizenship even if her visa has expired right?

cheers,

gebe_top wrote: ↑

Tue Jun 02, 2020 11:48 am

one last question if you do not mind. for my doughter (her tier 2 visa dependent will finish also end of July. yes, I made her a visa even though she was born in England). It does not matter if I apply her citizenship even if her visa has expired right?

Correct.

Thank you soo much.

this information really make me feel relief

cheers,

Hi,
May I ask again one question?

can I apply my doughtier citizenship in parallel with my ILR application?

cheers,

gebe_top wrote: ↑

Mon Jun 29, 2020 10:46 am

can I apply my doughtier citizenship in parallel with my ILR application?

No you cannot.

If she is UK born, she can only apply to register as British AFTER you have received ILR as you are required to submit your ILR BRP to prove her entitlement to register as British.

thanks. for my wife, she can apply Tier 2 extension in parallel with my ILR application. this is correct?

gebe_top wrote: ↑

Mon Jun 29, 2020 10:57 am

thanks. for my wife, she can apply Tier 2 extension in parallel with my ILR application. this is correct?

Yes.

Hi,

I have applied my wife Tier 2 extension (in parallel with my current on-going ILR application). I have three questions:

1. Could you please let me know to which email or where I should send a cover letter to home office saying that I am currently applying my ILR?

2. Do you have a template for a cover letter?

3. in the last page of the tier 2 extension application, it is written that my wife need to submit her biometric at UKVCAS before 11 September 2020. it seems that it is impossible in this current situation. do you have any suggestion for this situation/deadline?

cheers,

1. Upload a letter with the supporting documents to the ukcvas portal.

2. No.

3. Keep checking. None will be penalised for delays in biomterics.