ILR for spouse, 2 years or 10 years?

[abhishekav]

Hi All,


I have completed 5 years in the UK in Tier2 now applying for ILR on 2nd april 2016.

My wife had come to UK on 3rd February 2012 and she went back to india on 3rd November 2012 and came back again on 15th September 2013. Her first visa expired on 2nd May 2012 and got new visa on 8th August 2013( there is a visa gap of 3 months and 6 days). I know visa rule has changed on 9th July 2013. Which rule will apply for her, is it 2 years or 5 years?

Kind Regards,
Abhishek.

[CR001]

Visa rules changed on 9th July 2012

I think as she got new entry clearance in 2013, she will be on the 5 year route to ILR.

Her first visa expired on 2nd May 2012

Are you sure this date (year) is correct?

[abhishekav]

Hi,

Thanks for your reply...

sorry the first visa expired on 2nd May 2013.

[CR001]

I think as she got new entry clearance in 2013, she will be on the 5 year route to ILR.

[abhishekav]

Hi,
Thanks a lot for your reply.

I made a call to HMRC help line to understand which visa my wife has to apply to complete her 5 year period. They told me it is FLR(M). I decided to send the application by post.

I have some queries regarding health surcharge,

Do I need to pay health surcharge on line and attach the paid receipt with postal application or do HMRC deduct the money from my bank account along with the visa fees ?

Will health surcharge applicable to my daughter as well, she is just 3 years old now?

Regards,
Abhishek.

[CR001]

Hi,
Thanks a lot for your reply.

I made a call to HMRC help line to understand which visa my wife has to apply to complete her 5 year period. They told me it is FLR(M). I decided to send the application by post. HMRC????

I have some queries regarding health surcharge,

Do I need to pay health surcharge on line and attach the paid receipt with postal application or do HMRC deduct the money from my bank account along with the visa fees ?

Will health surcharge applicable to my daughter as well, she is just 3 years old now? Where was your daughter born? What visa does she have?

Regards,
Abhishek.

She DOES NOT have to apply/switch for FLR(M). This form will reset her clock to zero for ILR and she will have to start a new 5 year period on FLR(M) - 2 X 2.5 year visas). You will be making a mistake if you make this application. See the link below.

http://www.immigrationboards.com/immigr ... 14832.html

She can continue to extend her current visa until she reaches 5 years. For PBS dependent extension, she will also have to pay the immigration health surcharge before submitting her application.

HO call centre is well known for giving incorrect information and they take no responsibility for it.

[abhishekav]

Hi,

Thanks for the reply otherwise I would have made a mistake by applying FLR(M) for my wife.

I meant home office help line (HMRC).

My daughter was born in India and both my daughter and wife had tier 2 dependent visa which will expire on 16th may 2016.

Regards,
Abhishek.

[Casa]

The Home Office help line for immigration isn't HMRC (that's Her Majesty's Revenue and Customs). A different Government department.

[ohara]

HMRC = Her Majesty's Revenue & Customs. It is a government department responsible for taxes etc, nothing to do with UKVI

[abhishekav]

Hi,

Sorry for mentioning wrongly, I meant Home office and called to home office only not HMRC.


Can anyone please advise me about FLR (M)?

will FLR(M) reset the clock to zero.

Does she needs to complete another 5 years to get the ILR if she extend her visa through FLR(M)?

Can she extend her current tier 2 dependent visa to complete 5 years period as I am longer be on tier2 ( I will be applying for my ILR on 2nd April 2016)?

Regards,
Abhishek.

[CR001]

I feel my answers have been very clear. What in my responses do you not fully understand?? Asking the same question over and over is not going to change the answer.

Can anyone please advise me about FLR (M)? See my responses already given.

will FLR(M) reset the clock to zero. YES

Does she needs to complete another 5 years to get the ILR if she extend her visa through FLR(M)? YES

Can she extend her current tier 2 dependent visa to complete 5 years period as I am longer be on tier2 ( I will be applying for my ILR on 2nd April 2016)? YES, the rules allow this.

Regards,
Abhishek.

[abhishekav]

Thanks a lot for the reply...

[abhishekav]

Hi,

I am applying for ILR on 2nd april 2016. I have query regarding my English language Knowledge.

I have done bachelor of technology in Mechanical Engineering and point based calculator showing 10 points. Is that enough for my English Language knowledge for applying ILR?

Regards,
Abhishek.

[Casa]

You now need a NARIC certificate of comparability, unless the degree was awarded in the UK.

[CR001]

You now need a NARIC certificate of comparability, unless the degree was awarded in the UK.

Is NARIC not only required from 6th April though?? I can't find the thread with the information now that a member posted

[Casa]

Ah! I believe you're right Char, but I'll have to search for the link too.

[vinny]

Changes.

[CR001]

Thanks Vinny

[abhishekav]

Hi,

Thanks for the reply...

I have gone through the home office website, Please see the link below

https://www.gov.uk/english-language/degrees-in-english



4. If your degree was taught or researched in English


You can prove your knowledge of English by having a degree that was taught or researched in English.

You’ll need your original degree certificate and one of the following:

a printout from the points-based calculator with the equivalent level of your degree and the level of English
an original letter or certificate from UK NARIC confirming the equivalent level of your degree, plus an official letter from your university with your name and degree confirming that your degree was taught in English
an original and official certificate from your university confirming the degree was taught or researched in a majority English-speaking country (except Canada).

Is this right?

Thanks,
Abhishek

[Casa]

Changes.

Thanks to Vinny. See his link

[abhishekav]

Hi Vinny,

Thanks for the link...

As I am applying for ILR on 2 april 2016 I think point based calculator which is displaying 10 points and original degree certificate will be ok right?

Regards,
Abhishek.

[abhishekav]

Hi,

I have gone through the link Vinny shared. So the point based calculator print out and original degree certificate will be ok until 5th of April 2016 (Am applying on 2nd April 2016). Am I right?

Thanks,
Abhishek.

[vinny]

I think so.

[abhishekav]

Thanks a lot Vinny.

[abhishekav]

Hi All,

Thanks for all your valuable informations. I have got my ILR on 2nd April.

Thanks,
Abhishek.