Which form should i go for? Pls advice

[Mja123]

Dear friends i am so confused at the moment and not sure which form i need to fill in. Kindly suggest as my visa is expiring in feb and i need to switch to a new visa asap. Following is my history

Moved to uk on dependant of pbs (post work study) in nov 2009 which later on changed to hsmp tier 1 gen. Living in uk since den and its been 6 years now. My husband got his ilr few months back on long residency route. Now my question is do i need to switch to flrm or ilr directly?? If flrm den would i be able to apply for ilr right away as ive already spend 6 years in uk??? I m so confused home office people are always giving me 2 different answers. Pleaseeeee guide.

M

[geriatrix]

Moved to uk on dependant of pbs (post work study) in nov 2009 which later on changed to hsmp tier 1 gen.

There is no immigration category called "hsmp tier 1 general"! It is also unclear, to me, whether you are a PBS migrant or a PBS dependant - so please clarify.

[CR001]

do i need to switch to flrm or ilr directly??

Yes FLR(M), there is not other option due to your spouse getting ILR based on long residence if you are a PBS Dependent visa holder. You do not qualify for ILR.

If flrm den would i be able to apply for ilr right away as ive already spend 6 years in uk??

No. You will be given a 2.5 year visa on FLR(M) and will have to apply for a further 2.5 year FLR(M) visa before expiring to make up 5 years. Your clock for ILR will reset to zero once FLR(M) is granted and it will be a new 5 year route.

For FLR(M), you need English A1 Level from an approved test provider and you need to meet the financial requirement of £18,600pa (more if you have non British children). You will also have to pay the £500 immigration health surcharge BEFORE submitting your application.

However, you will qualify for ILR based on 10 years long residence, if you meet all the standard requirements, in 2019.

You would have qualified with your spouse if they had applied for ILR under 5 years residence instead of 10 years residence.

[Mja123]

Thankyou so much. So it is clear to me that i need to use form Flrm. Yes we meet the financial req. Also i will soon regive my A1 test and i know about the health insurance. Really appriciate the advices.

I forgot to mention that i came in uk nov 2009 as tier 1 ( post study work ) dependant. Later on got tier 1 gen (dependant) on dec 2010 which got extended in dec 2012 till feb 2015 so do i come under 12 july rule? Is that rule effectinv me somehow?

Can you please also tell me that do i have to apply for my son who was born in july 2011 (4 years old) or its not necessary? As per my knowledge i can register him on MN1 form anytime b4 he turns 18. I have applied for his pakistani passport last year as we had to visit pakistan for few weeks. His visa is also expiring with me. We have no plans for travelling in near future so can i only apply for myself and register him in couple of months or will it effect my application if i just mention him as my child but wont apply for him as dependant?

Kindly advice.

[Mja123]

Moved to uk on dependant of pbs (post work study) in nov 2009 which later on changed to hsmp tier 1 gen.

There is no immigration category called "hsmp tier 1 general"! It is also unclear, to me, whether you are a PBS migrant or a PBS dependant - so please clarify.

I am the dependant. Thats why asking regarding flr m form.

Thanks.

[CR001]

I forgot to mention that i came in uk nov 2009 as tier 1 ( post study work ) dependant. Later on got tier 1 gen (dependant) on dec 2010 which got extended in dec 2012 till feb 2015 so do i come under 12 july rule? Is that rule effectinv me somehow? No, the pre July 2012 rules are lost/not relevant to you any longer because your spouse applied for ILR based on long residence. They would have applied to you if your spouse applied for ILR based on 5 years Tier 1 General. You will not be able to use the time spent in the UK already towards the new 5 year residence requirement. YOu can use all your time in the UK though for your ILR based on 10 years long residence in 2019.

Can you please also tell me that do i have to apply for my son who was born in july 2011 (4 years old) or its not necessary? As per my knowledge i can register him on MN1 form anytime b4 he turns 18. I have applied for his pakistani passport last year as we had to visit pakistan for few weeks. His visa is also expiring with me. We have no plans for travelling in near future so can i only apply for myself and register him in couple of months or will it effect my application if i just mention him as my child but wont apply for him as dependant? If your child is not yet British, the financial requirement for FLR(M) you have to meet is £22,400pa. It is only £18,600pa if you have British children. You do not have to include your child in your application as a dependent if he was born in the UK and you plan to register him on MN1.

Kindly advice.