Spouse Financial Requirement requirement

[arifbh]

Hi All ,
First of all i like to thank you all for being so helpful .

I bit confused on my Spouse application FLR(M) or SET (M) and the financial requirement

I came to UK as a student in Nov 2005. currently i have Tier 1 (general) Visa expiring on Jan 2016. I will complete me 10 years in November and planning to apply ILR(LR) in end of October.

My wife came to UK April 2010 as a pbs dependent (i was in post study work visa).
Now if I get my ilr , which form my wife need to fill up FLR(m) or FLR(m)?
and what will be the financial requirement (income)?
when my wife can apply for settlement?

I don't want to apply under the Tier 1 general settlement as i complete 10 years before that and planning to go for sameday service .

Your Expert opinion is highly appreciated
- Arif

[CR001]

1. It is FLR(M). She will need to pay the IHS Surcharge of £500 on top of the visa application fee for the first 2.5 year visa.

2. Financial requirement if you don't have children is £18,600pa. It is more if you have children.

3. She will have to wait a further 5 years on FLR(M) before qualifying for ILR. Her clock is reset when you apply for ILR based on Long Residence and she loses the time she has spent in the UK as it cannot be counted towards the new 5 year FLR(M) requirement (can be used if she reaches 10 years long residence in 2020 for example).

4. If you apply for ILR based on Tier 1, she will qualify for ILR at the same time as you.

[arifbh]

Thank you very much for your kind informations.

I have copy the following form https://www.gov.uk/government/uploads/s ... _final.pdf
published 11 august (its bit long !)
Does 4.5.2 applies to my wife situaton as she got pbs dependent in 2010?

your opinion is highly appreciated

4.5. Long Residence and Points Based System Dependants

4.5.1. Where a relevant PBS migrant gains indefinite leave to remain under paragraph
276B on the basis of Long Residence, their partner will not be able to extend their
leave or gain settlement as a PBS dependant and will be required to switch into
the partner of a settled person category and apply for limited leave on that basis.

4.5.2. A person granted leave to enter or remain as a PBS dependant before 9 July 2012,
whose partner who was a relevant PBS migrant gained indefinite leave to remain on
the basis of Long Residence, could have made an application before 6 April 2014,
under the transitional provisions in paragraph A280(c), for further leave under Part 8
of the Immigration Rules.

4.5.3. From 6 April 2014, all those granted leave to enter or remain as a PBS dependant,
who then wish to apply for leave as the partner of a settled person (including where
their partner who was a relevant PBS migrant gained indefinite leave to remain on
the basis of Long Residence) are required to apply for leave under Appendix FM.

4.5.4. This is because paragraphs 284 and 295D of the Immigration Rules were amended
to restrict switching by PBS dependants who have leave as the partner of a relevant
PBS migrant. From 6 April 2014, they are not able to switch into the Rules for
partners of settled persons under Part 8. The PBS dependant will either need to
apply for indefinite leave under the Points Based System if they can qualify, or apply
for limited leave to remain as a partner under Appendix FM.

4.5.5. PBS dependants who have already switched to being the partner of a settled person
under Part 8 (or have applied to do so before 6 April 2014) can continue under Part
8 and apply for indefinite leave to remain under paragraph 287 or 295G. Their period
of leave as a PBS dependant can be combined with their leave as the partner of a
settled person to meet the required qualifying period.

[physicskate]

Did you read 4.5.1? Also did you read the entirety of 4.5.2? It says that if you applied for SET LR before 6 April 2014. Could you have done so?