Switching from student to Tier 1 dependant

Post by **Amber** » Mon Mar 03, 2014 10:40 am

For PBS deps the leave granted would be 3 years under paragraph 319D (a) (ii).

For FLR(M) the leave granted would be 2.5 years.

sabriz · Post by **sabriz** » Mon Mar 03, 2014 2:07 pm

thanx amber
but how long this flr (m) will be, and when my wife can apply for set (m) is she comes in new rule or old rule

Post by **Amber** » Mon Mar 03, 2014 4:02 pm

If FLR(M) resets the settlement period then 5 years after the leave is granted, subject to another extension before SET(M) meeting the Financial Requirement each time. Assuming she was granted PBS dep leave after July 2012.

sabriz · Post by **sabriz** » Tue Mar 04, 2014 12:04 am

thanx amber for ur information
my wife came on 24 sep 2011 .so this sep she will be completing 3 years ,so she has to complete 5years for ilr bfore that she has to go for flr (m) is that correct.

Post by **Amber** » Tue Mar 04, 2014 10:27 am

When was she first granted PBS dep leave?

sabriz · Post by **sabriz** » Tue Mar 04, 2014 12:17 pm

she came sep2011 on tier 1 general dependant

Post by **Amber** » Tue Mar 04, 2014 1:13 pm

Then if she has had PBS dep leave continuously without a break, she will have transitional protection and will be considered under Part 8 of the immigration rules. Thus, as soon as she is granted FLR(M) she can apply for SET(M) by virtue of rule 287(a)(i)(d). I assume you settled as a Long Residence applicant.

sabriz · Post by **sabriz** » Tue Mar 04, 2014 1:30 pm

i really appreciate for quick reply amber, yeh iam on ilr recently got it ,my wife she is here from 2011 but she went to india in 2013 for one and a half month hope this doest not effect her.

Post by **Amber** » Wed Mar 05, 2014 1:01 am

No providing she returned with the same, valid leave.

sabriz · Post by **sabriz** » Thu Mar 06, 2014 12:58 am

thank u very much amber

sabriz · Post by **sabriz** » Sun Mar 09, 2014 12:13 pm

hi amber , as i said you befor i got my ilr recently and my wife going to apply for flr (m) and we had a one year old boy who born in uk on jan2013
so i can apply for him as a naturalisation,
so i just want to ask you is ther any possibilities for me to claim benefit ,does it affect my wife flr(m) process ,can u plz help me out..

Post by **Amber** » Sun Mar 09, 2014 3:26 pm

Child is entitled to register as British section 1(3) BNA now as you have been granted ILR, I assume after the child was born.

You can claim tax credits jointly and child benefit in your name only.

sabriz · Post by **sabriz** » Fri Mar 14, 2014 10:15 pm

thanx alot amber, its a great help from you i really appreciate , so my child has to register because he born here ,what form i hve to use for him, can u plz advise

Post by **vinny** » Fri Mar 14, 2014 10:22 pm

UK-born child is entitled to register for British citizenship on MN1 after a parent is granted ILR.

FLR(M) ***** CHANGES 6th April 2014 *****

sabriz · Post by **sabriz** » Tue Mar 18, 2014 12:16 pm

thanx vinny wot changes they briging from 6 april 2014,

sabriz · Post by **sabriz** » Sun Mar 23, 2014 1:46 pm

hi amber and vinny ,iam really confused about this new rules for dependant iam not getting it ..can u please advise me
i recently got ilr this feb on long residence my wife came in sep 2011 on tier 1 dependent which is valid till 2016,we had a baby which is 1 year old ,and i dont claim any benefits ,i got two jobs from both jobs i get 1500 per month my wife she dosent work and i have no savings..my question is wot i have to apply for my wife set m or flr m.and from 6 april rules changing is that gonna effect me if so than what it will be can u please advise me and if i claim benefit like child tax or child benefit is that gonna effect our case please advise thanx

sabriz · Post by **sabriz** » Tue Mar 25, 2014 11:59 am

sabriz wrote:hi amber ,iam really confused about this new rules for dependant iam not getting it ..can u please advise me
i recently got ilr this feb on long residence my wife came in sep 2011 on tier 1 dependent which is valid till 2016,we had a baby which is 1 year old ,and i dont claim any benefits ,i got two jobs from both jobs i get 1500 per month my wife she dosent work and i have no savings..my question is wot i have to apply for my wife set m or flr m.and from 6 april rules changing is that gonna effect me if so than what it will be can u please advise me and if i claim benefit like child tax or child benefit is that gonna effect our case please advise thanx

Post by **vinny** » Tue Mar 25, 2014 12:39 pm

Your wife should make an application before 6th April 2014.

sabriz · Post by **sabriz** » Tue Mar 25, 2014 1:14 pm

thanx vinny but i really dont understand this rules please explain me in details that after 6 apr i cant apply for flr m for my wife or set m please advise me thanx

Post by **vinny** » Tue Mar 25, 2014 2:30 pm

From 6th April 2014, switching to FLR(M) will be subject to the 5-year route.

sabriz · Post by **sabriz** » Tue Mar 25, 2014 10:17 pm

thanx vinny but if i apply before 6 april 2014 so my wife will be in 2 year route .. does i have to show maintenance .if so than how long can you please advise me..my wife came to england in 2011sep on tier 1(generel)dependant.

Post by **vinny** » Tue Mar 25, 2014 10:27 pm

Partners 2 year route should show adequate maintenance, etc.

kunalgujar · Post by **kunalgujar** » Tue Mar 25, 2014 10:52 pm

Reading this has caused more confusion. Would appreciate if someone can clarify.

My wife entered the UK on Tier 1 Dependent Visa on the 9th Jan 2013. When we applied for her visa I was on Tier 1 Dependent.
I got my Indefinite Leave to Remain in Mar 2013 and can now apply for naturalisation.

My wifes current Tier 1 General Dependent Visa expires on May 2014, so should I apply for her extension as FLR(M) or PBS Tier 1 Dependent?

As my wifes current Tier 1 General Dependent Visa expires on May 2014 and she will just finish a year and a half in the UK till that time. What time can she apply for ILR?

Would be great if someone can help with these questions.

Post by **vinny** » Wed Mar 26, 2014 1:01 am

As she initially applied as your dependant after 8th July 2012, it may be better if she continues as a PBS dependant until she qualifies for ILR (319E(d)(ii), etc.)

sabriz · Post by **sabriz** » Wed Mar 26, 2014 12:13 pm

thanks a lot vinny for ur advise but as u said to click on the link for further information but i couldn tunderstand the formula a-b>c how much adequate maintenanace i have to show igot one kid who born here does i hv to include him aswell in flr or he can apply for mn1and one more thing if i claim benefit is that gonna affect our case can u plz advise me...thanx

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Switching from student to Tier 1 dependant

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