Form for Tier 1 general dependent after getting my ILR

[sam080510]

Im on a Tier 1 general visa and eligible for ILR by may 2015. My dependent (spouse) came to UK on Sept 2013 and staying with me since then

Apologies if this question was asked before . Any reply from the experts will be a great help for me

a) Is she eligible for ILR along with me ?

b) Can i include her in my application for ILR (SET(O) form) . If not which form i need to use to extend her stay after getting my ILR ?

c) How can i book a PEO appointment together if we are using differnt forms ?


Many thanks in advance .

Sam

[CR001]

a) Is she eligible for ILR along with me ? No, she needs 5 years residence

b) Can i include her in my application for ILR (SET(O) form) . If not which form i need to use to extend her stay after getting my ILR ? PBS Dependant form

c) How can i book a PEO appointment together if we are using differnt forms ? Two seperate appointments because it is two different categories, her appointment about an hour or 2 after yours

You will need to pay the NHS health surcharge for your wife (£200 per year payable upfront before yoyr appointments), details in link below

https://www.immigration-health-surcharg ... ment/start

[sam080510]

Thanks very much . Much appreciated.

Is it form for PBS dependant - https://www.gov.uk/government/uploads/s ... _04-15.pdf

[CR001]

Yes, that is the form.

[sam080510]

hi

I got my ILR last week after 5 years in Tier 1 general . My wife came to UK on sept 2013 and not eligible for ILR . I can extend her stay in UK by applying FLR(M) or PBS dependent extension but we are planning to go for FLR(M) and aware of fact that it reset the time stayed in UK to 0.

Can my wife apply thru FLR(M) from UK ?

Is there any requirement that she needs to be in UK for minimum 2 years before applying FLR ?

Can u please clarify the following points from FLR policy guidance ?

To qualify for an extension of stay in the categories of the Immigration Rules for which you have to use form FLR(M), you must meet the relevant requirements in the following parts of the Rules:
• Part 8 Family members -Transitional provisions for spouses and partners
• Appendix FM – Family life as a partner – 5 year route


Any help on this points is much appreciated.

SS

[vinny]

Can my wife apply thru FLR(M) from UK ?

Yes.

Is there any requirement that she needs to be in UK for minimum 2 years before applying FLR ?

No.

Can u please clarify the following points from FLR policy guidance ?

To qualify for an extension of stay in the categories of the Immigration Rules for which you have to use form FLR(M), you must meet the relevant requirements in the following parts of the Rules:
• Part 8 Family members -Transitional provisions for spouses and partners
• Appendix FM – Family life as a partner – 5 year route

Appendix FM – Family life as a partner – 5 year route will be applicable.

[tier1_aspirant123]

hi vinny,

as per FLR (M) guidance notes partner of a person granted ilr cannot use FLR(M).
https://www.gov.uk/government/uploads/s ... _04-15.pdf

You must not use this form to make an application for an extension of stay in the following
categories:
• As the partner of a serving member of HM Armed Forces under Appendix Armed Forces of the
Immigration Rules. You must complete form FLR(AF).
• On the 10 year Partner route under Appendix FM of the Immigration Rules. You must complete
form FLR(FP).
• As the partner of a person granted indefinite leave to remain in a work route, if you are currently
in the UK as their dependant. See our website for further details: https://www.gov.uk/visasimmigration

So do you think Teri 1(general)'s dependent can use FLR(M) for extension?

[vinny]

Yes, if they satisfy the relevant requirements of Appendix FM and Appendix FM-SE, A1 English etc.

[afzalfinance]

Yes, if they satisfy the relevant requirements of Appendix FM and Appendix FM-SE, A1 English etc.

Dear Vinny.
After having seen the number of your posts on this forum, I should not have doubts but still I am confused that why someone who is applying as dependent of an ILR applicant for an extension should apply on form FLR(M) when the FLR(M) Guidance notes dose not allow to do so. On page 2 of the guidance notes it mentioned as follow:
You must not use this form to make an application for an extension of stay in the following categories :
* As the partner of a person granted indefinite leave to remain in a work route, if you are
currently in the UK as their dependant.
LINK is Here:
https://www.gov.uk/government/uploads/s ... _11-15.pdf

Also its a big loss in financial terms to UKVI in application fee. Like a fee for same applicant, if applies for extension on form Tier 1 PBS dependent is £1736 while on FLR (M) fee is £649 or is it a loophole in the system

Also on form FLR(M) Page 14 section 3.16 one has to give information of Tier 1 (G) while the guidlines notes clearly mention that one should not use this form so dont you think the Visa officer can refuse on the basis of wrong form used.
Link is : https://www.gov.uk/government/uploads/s ... _11-15.pdf

Your explanation will be much appreciated as I have to apply for my spouse and kids too.

Can you also please confirm that english language is must for extension in case FLR(M) can be used

Thanks alot

[CR001]

You can switch to FLR(M), many people have done and been successful. It is the applicants choice but be aware that it will reset the ILR qualifying clock to zero and the person will have to wait a further 5 years (2 x 2.5 year visas) on FLR(M).

If only one PBS Dep extension is required before qualifying for ILR, it will likely be the better option.

[afzalfinance]

You can switch to FLR(M), many people have done and been successful. It is the applicants choice but be aware that it will reset the ILR qualifying clock to zero and the person will have to wait a further 5 years (2 x 2.5 year visas) on FLR(M).

If only one PBS Dep extension is required before qualifying for ILR, it will likely be the better option.

Thanks CR001.
So in my case, my spouse and kids have got first dependent visa from Pakistan when I was on Tier 1(G). They arrived UK in June 2013 and their Visa expires in Jan 2016. . This will be their first extension here in UK and at the time of extension the period they are living here would be about 2 and half years . I am on ILR through Tier 1 (G) and got it in Nov 2015.

If I get FLR(M) of two and half years for them now, will that add up to their present stay of 2.5 years which they got as dependent of Tier (G) from Pakistan and complete 5 years to qualify for SET (M)? or they would need another 2.5 years through FLR(M) to qualify for SET(M)?

Thanks for your time

[vinny]

If I get FLR(M) of two and half years for them now, will that add up to their present stay of 2.5 years which they got as dependent of Tier (G) from Pakistan and complete 5 years to qualify for SET (M)? or they would need another 2.5 years through FLR(M) to qualify for SET(M)?

You can switch to FLR(M), many people have done and been successful. It is the applicants choice but be aware that it will reset the ILR qualifying clock to zero and the person will have to wait a further 5 years (2 x 2.5 year visas) on FLR(M).

[afzalfinance]

If I get FLR(M) of two and half years for them now, will that add up to their present stay of 2.5 years which they got as dependent of Tier (G) from Pakistan and complete 5 years to qualify for SET (M)? or they would need another 2.5 years through FLR(M) to qualify for SET(M)?

You can switch to FLR(M), many people have done and been successful. It is the applicants choice but be aware that it will reset the ILR qualifying clock to zero and the person will have to wait a further 5 years (2 x 2.5 year visas) on FLR(M).

Thanks Vinny
I would take this answer as a "No"

[cappachino]

I am in a similar situation
I can apply for the fast track route ( tier 1 entrepreneur 200k-10employees) if I do that i will get the ilr but my dependants will have to extend their visa through flr (m) hence they
would need two extentions requiring 5 years to qualify for ILR
Am I not better of going for an extention for another 2 years for myself and my dependants hence all will get the ILR at the
same time

[secret.simon]

Am I not better of going for an extention for another 2 years for myself

Are you that confident that the Rules will remain the same two years from now? And the fees at that time could be extortionate.

I would suggest that you get ILR. If you get ILR based on five years of T1, your dependents can extend their current stay as PBS dependents and their five years as T1 PBS dependents will count towards their ILR.

[cappachino]

What I meant was
Instead of going for the fast track route of 3 years (which I qualify for under 10 employee) I should put my application
For the normal route of another extention for two years hence
My dependants would not have to apply under flr (further leave to remain)

[sebabd]

Dear Members,

I really need your advice.

I've got ILR in dec 2015. My wife was on Tier PBS dependent and came in UK in Juny 2015.
Now she is applying for FLR(M).

But in the form 2.3 requirement ..Im confused which one should I tick ??

2.3 Please indicate what stage of extension of leave you are applying for or why you are choosing to extend your current leave in one of the above categories.

>>First period of leave to remain (following an initial period of entry clearance as a partner of a settled person, or following an initial period of entry clearance as a fiancé(e) or proposed civil partner of a settled person - 6 months)

OR

>>You are making a first application from within the UK but have not previously had leave to enter/remain as a partner.

This is her first extension from UK.

Waiting to hear from you.

Regards
Seba