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Hi,

I am a Tier 1 General Migrant who arrived the UK in 2009 and I am due to apply for ILR in February 2014.

My wife also arrived here in September 2009 but on a Tier 4 Student visa,
• She switched to PSW in January 2011.
• We’ve lived together since October 2010
• We got married in May 2012
• She made an application to become my dependant in 2012 which was refused and she had to leave the UK to reapply from her home country in January 2013 and was granted March 2013.
• We had a baby in April 2013.

My question is, is she eligible to apply for ILR at the same time as me, I intend to do walk in service? If not, what does she apply for and what form will that be? And will both applications be at the same time (using PEO) considering her visa expires same day as mine?
Thank you for your advice.

SJ

Hi, can someone please respond?

Thank you.

No. Unfortunately, she isn't yet eligible for ILR under 319E. She may extend under 319C.

Assuming that Baby was born in the UK, Baby doesn't need to do anything, if not travelling. Baby will be entitled to register for British citizenship after a parent is granted ILR.

Thank you for your response.

If she extends under 319C as suggested, will she be applying for the 5 year settlement route and can her application be done same time as mine?

I appreciate your reply.

Many thanks

I think that you may book a family appointment.

Thank you Vinny, will check it out.

Many thanks

Hi,

Please I still need some clarity even though it was suggested that my wife could apply for an extension under section 319C.

We found this information on UKBA website below: http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

"This section is for those who applied for, or are applying for, leave to enter or leave to remain as a partner of a British citizen or a person who is settled here.

You cannot apply for leave to remain or indefinite leave to remain in a partner category if your last leave was as the partner of a former points-based system migrant who:

is settled in the UK and was granted settlement as a points-based system migrant; or
has British citizenship having been granted settlement as a points-based system migrant".

Like stated earlier, her current leave as my dependant on Tier 1 General Migrant was granted in March 2013 and expires on March 8th 2014, same day as mine. I am due to apply for ILR in February 2014.

Based on the above information, is she still eligible to apply to extend her visa using form FLR(M)?

I would really appreciate a response as soon as possible.

Many thanks,

SJ

To clarify what I meant, I understand that she is not eligible to apply for ILR same time as I am, that has been made clear.

My confusion is she applied as my dependent after 8th July, 2012 when the rules changed. And although we have lived together since October 2010, according to the rules, she has been my dependent for less than 2 years, that means she is subject to the 5 year settlement route?

Can she apply using form FLR(M) or not?

Possible, but her qualifying period for ILR in this category may be reset.

vinny wrote:Possible, but her qualifying period for ILR in this category may be reset.

Thank you vinny for the link, will read it and if I have any more questions, I will ask.

Kind regards.

Hi Vinny,

Having gone through the links and other forums, it is still unclear what decision to take concerning my wife's extension.

Should we apply for FLR(M) although she is a PBS dependent, when my ILR is granted in February 2014? Because once my ILR is granted, I will be a settled person?

Thank you

See also Dependants of ILR (economic, 5 year route) applicants.

Thank you Vinny.

Could you suggest an immigration lawyer that has had success in a case such as ours? Just to be on the safe side..

See also Any good law firm recommendation?

snazzyj wrote:Hi Vinny,

Having gone through the links and other forums, it is still unclear what decision to take concerning my wife's extension.

Should we apply for FLR(M) although she is a PBS dependent, when my ILR is granted in February 2014? Because once my ILR is granted, I will be a settled person?

Thank you

Hi,

I'm back again Vinny.
In the question I posed before which is above, can my wife apply for extension using form FLR(M)? In which case the fee is about £600?

Secondly, is it advisable that we apply together using PEO or she should wait for my ILR to be given, then she applies a few days after?

Thank you

Any reply for me please?

I tried following a topic similar to mine but a different scenario, but didn't find it anymore.

Cheers