FLR (M) OR Tier1 Dependent

[faisal7]

HI All,

According to all posts spouse of ILR - long residence should apply for FLR M , irrespective of the number of years spend in UK. When I check Home office web site https://www.gov.uk/remain-in-uk-family/overview , in Exceptions it says apply as Tier 1 dependent, if partner had originally on work visa. please clarify.
I have applied for ilr- based on long residence , previously tier 1 general and wife 's been in UK since june 2009, .
Many Thanks in Advance.

Faisal

[CR001]

Not applicable if you applied for ILR based on Long Residence, she will need to switch to FLR(M). You should have applied for ILR based on Tier 1 as it appears your spouse would have qualified for ILR at the same time.

The rules for PBS Dependents of ILR 10 years LR applicants changed in April 2014. See here (click) for details.

[faisal7]

Thanks for your reply. Just wanted to ask would she be on 2 year route to ILR a she 's been on PBS dependent visa since 2011................Many thanks

[CR001]

No, it will be a new 5 year route on FLR(M). The time she has spent as PBS dependent will be lost and cannot count towards this new 5 year residence requirement. The PBS Dep time will only count if she applies on the basis of 10 years long residence.

[faisal7]

Hi all,
just an update that I have received my BRP for ILR Long residence. In total it took about 70 days.
thanks every1 for replying , viewing and posting.

But its not finished yet as I have to apply for kids who born here and I believe its MN1 form for registration and then u apply for passport when its done , please confirm and is it better to apply through council service as it might be quicker ? as some1 told me that it takes about 4 to 5 months.

secondly can I apply for wife's FLR(M) parallel (by post or same day) to kids MN1 or do I have to wait for kids registration first .

thirdly how long she can stay outside uk if she has to get ILR based on 5 years route without affecting it.

Many thanks and good luck to all of those waiting and applying.
Faisal

[CR001]

If children were born in the UK then you can register them now as British on MN1 and once you receive the certificate you can apply for their British passports.

I would suggest using the council NCS service as you get to keep all your original documents. It does not speed up the process though.

secondly can I apply for wife's FLR(M) parallel (by post or same day)

You can apply through either service. Same day is obviously quicker but a bit more expensive.

thirdly how long she can stay outside uk if she has to get ILR based on 5 years route without affecting it

She is not apply for ILR, so I don't see the point in your question as the rules might change. Currently you lose ILR if you live outside the UK for 2 years.

[faisal7]

Thanks a lot for answering all questions ........ in my second question I wanted to ask whether I can apply for my wife FLR M and kids MN1 at same time , would it not effect flrm application in any way.

I asked third question coz my wife wants to go back for 6 - 8 months or so. if she gets flrm and stays out for 6-7 months would it effect her future ILR in any way.

many thanks again ..
faisal

[CR001]

would it not effect flrm application in any way.

No. Apply at NCS at a council for the children on MN1 and then apply by post or at premium service centre for in person for FLR(M). You can't apply for both applications at the same place.

if she gets flrm and stays out for 6-7 months would it effect her future ILR in any way.

No, it should not but absences should be limited and for good reason. When she gets to ILR stage after 5 years on FLR(M), she will have to declare all absence which are for 6 months or more.