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Got FLR instead of ILR, suggestion needed

Posted: Sun Jun 30, 2019 3:52 pm
by abcdus786
Hello,

My wife came to UK as my Tier 1 dependent on 15th June 2014. She got a visa for 2.5 yrs.
I received my ILR in 2016 and based on the same I applied for my wife's extension in 2017 as Family route instead of PBS dependent.
We recently applied for ILR on 07th June 2019 under Set(M) and HO sent a letter offering FLR for another 2.5 yrs. After reading online we found that clock resets if you apply under family route and the years we had under PBS tier 1 are now not applicable.

1. I would like to understand if we have any way than waiting another 2.5 years for ILR?
2. My work is planning to relocate my to another country for a 2 years, if we come back, would we still be eligible for ILR?
3. Can we come back for few months, apply for ILR and return to work location?

I am a British citizen along with my daughter. Please suggest.

Thanks,

Re: Got FLR instead of ILR, suggestion needed

Posted: Sun Jun 30, 2019 4:32 pm
by CR001
1. No. Your spouse needs 5 years on FLR m. It was silly to change visa category of you got ilr.

2. Ilr requires residence and the British spouse to be present and settled. You also have to submit evidence of living together in the UK and proof of UK earnings to meet the financial requirement.

Re: Got FLR instead of ILR, suggestion needed

Posted: Mon Jul 01, 2019 12:42 pm
by abcdus786
Thanks for the response..

Another question, we stumbled upon paragraph 287 of Immigration Rules, would this help in pursuing home office to change the decision?

Thanks again.

Re: Got FLR instead of ILR, suggestion needed

Posted: Mon Jul 01, 2019 12:48 pm
by CR001
abcdus786 wrote:
Mon Jul 01, 2019 12:42 pm
Thanks for the response..

Another question, we stumbled upon paragraph 287 of Immigration Rules, would this help in pursuing home office to change the decision?

Thanks again.
No, it doesn't apply to you as you switched to FLR m after April 2014. 287 of the rules applies to visas issued before 9 July 2012.

You need 5 years residence on FLR M before you can apply for ilr.

Re: Got FLR instead of ILR, suggestion needed

Posted: Mon Jul 01, 2019 8:06 pm
by Waiting limited
Hello,
I’ve just been giving another 30 months under 10 years route spouse of British partner. My husband was on an assignment for 1 year and 6 months I joined him there for 5 months and some days( be aware 6 months= 180 days. 1 month =30 days)
Back to uk and in his holidays he come to uk to spend them with me. We kept our renting flat everything as it is to prove residency and genius marriage for my application.
Because I have less than 5 years ( due to my stupid early visa renewal) I applied for an extension in order to apply for my ILR the three months coming. Extension granted but I’m in 10 years route now rather than 5 years due to my English certificate that was not accepted.
My advice is stay in uk and work in uk because As a partner you must be settled in UK (my husband he kept working for same uk company and his salary was divided between the two countries, paid taxes and meet financial requirements)your wife will lose her right in ILR through long residency in 5 years .because she will have a gap in lawful residency .