ILR dependent wife,kid - Visa extension - which form?

[Rup_Kumar]

Hi Guys

Thanks for your time looking into my request.

I am on ILR and my wife & kid hold below dependent visa which is going to expire after a month

Wife's Visa: Spouse/Partner Leave to Enter (duration: 2 years and 9 months.)
Kid's Visa: PBS Dependent leave to Enter (duration: 2 years and 9 months.)

For their visa extension which form type I have to choose - will it be FLR(M)?
Is FLR(M) correct form for both wife and kid?

Can I apply online using below link
https://www.gov.uk/government/publicati ... form-flr-m


Thanks once again.

Best Regards
Rup

[CR001]

On what basis did you get ILR, 5 years PBS route or 10 years long residence route???

[Rup_Kumar]

Thanks for quick reply.

My ILR was 5 years PBS route.

[CR001]

Which PBS category??

Your dependents do NOT have to switch to FLR(M). They can continue to extend their PBS Dependent visas until they reach 5 years for ILR.

[Rup_Kumar]

I was on Tier 2 for a year then Tier 1 (General) for 4 years. After this I qualified ILR.

Please confirm what form to choose for Wife and Kid.

Many thanks
Rup

[CR001]

Which Tier 1??? Please be specific as their is more than one PBS category and I need to move the topic to the correct sub forum as appropriate.

[Rup_Kumar]

sorry Tier 2 (General) and Tier 1 (General). I got the ILR in 2015.

[CR001]

What date exactly did you get ILR?

What date exactly did your dependents apply for their visas and what is their initial visa start dates?

[Rup_Kumar]

sure please see the details.

My ILR Date: 5 June 2015

Wife's Visa: Spouse/Partner Leave to Enter (duration: 2 years and 9 months.)
Start Date: 27-01-2017
Expiry Date: 27-10-2019

Kid's Visa: PBS Dependent leave to Enter (duration: 2 years and 9 months.)
Start Date: 27-01-2017
Expiry Date: 27-10-2019

[CR001]

Did your spouse have a PBS Dependent visa before?

If this was their first visa, what form did they complete as they did not qualify for a PBS Dependent visa from abroad if you held ILR. Does your spouses' visa say something like 'c/p to join spouse Name'???

[Rup_Kumar]

Did your spouse have a PBS Dependent visa before? --NO
yes it is their first visa.

Does your spouses' visa say something like 'c/p to join spouse Name'??? -- NO .

what form did they complete as they did not qualify for a PBS Dependent visa from abroad if you held ILR. --> sorry not sure on this.

Wife's visa says Work PERMITTED in remarks.

[CR001]

Did you have to meet the £22,400pa financial requirement for their visas?

Did your spouse have to submit evidence of meeting the A1 English requirement?

What did the approval letter state when they got their visas?

Did you previously at any time hold a HSMP visa or old style work permit visa??

[Rup_Kumar]

Thanks again. Please see details below:

Did you have to meet the £22,400pa financial requirement for their visas? --> YES, I had submitted all documents for self employed.

Did your spouse have to submit evidence of meeting the A1 English requirement? --> YES, English test pass certificate

What did the approval letter state when they got their visas? --> visa was rejected earlier but after appeal letter said that your appeal has been approved and visa granted.

Did you previously at any time hold a HSMP visa or old style work permit visa?? --NO

[CR001]

What did the approval letter state when they got their visas? --> visa was rejected earlier but after appeal letter said that your appeal has been approved and visa granted.

What were the reasons of the refusal the the immigration rules stated for the refusal??

It appears you applied for a spouse and child settlement visa if you had to meet the financial and English requirements.

Your childs visa endorsement is wrong. It should NOT say PBS Dependent and this should have been corrected. Possibly your wifes' endorsement might also be incorrect, which is why it is really important to state what the HO letters said.

[Rup_Kumar]

Thanks for your reply.

Reason of refusal was missing the annual tax returns of current year. But when I had submitted the application then company annual tax was not due, visa processing took longer 2-3 months time and company annual tax returns date came so case worked failed saying latest annual returns have not been submitted.

So I appealed against the decision providing the latest company annual tax returns and then visa was granted.

I don't agree that visa endorsement can be wrong? HO can't take wrong decision.

Do you think I have to apply FLR(M) for wife and some other way for my kid for extension?

[CR001]

I don't agree that visa endorsement can be wrong? HO can't take wrong decision.

Oh yes it can. I have had this exact experience. Extending mine and my daughters FLR(M) visa and her BRP card came back stating PBS Dependent. It had to be sent back and rectified. I did not say it was a wrong decision, I said it was a wrong endorsement and you should have had it fixed at the time. Neither of them qualify for PBS Dependent visas.

Do you think I have to apply FLR(M) for wife and some other way for my kid for extension?

If they have settlement visas, yes it is FLR(M) they apply for. Child must apply for the same visa as your spouse.

[Rup_Kumar]

Many thanks for your reply. I am surprised how home office can do mistakes.

As child is just 4.5 years old, I think child can qualify for ILR. Child doesn't need to wait for 5 years. Can I apply for ILR for my child and for my wife FLR (M).

Many thanks once again
you are a star

Best Regards
Rup

[CR001]

I am surprised how home office can do mistakes.

They are human!!

As child is just 4.5 years old, I think child can qualify for ILR. Child doesn't need to wait for 5 years. Can I apply for ILR for my child and for my wife FLR (M).

You cannot apply for ILR for child unless the mother also applies for ILR. You will need to extend both visas.

I strongly suggest you get all the paperwork out from the initial visa application, refusal, appeal and approval and read it very carefully to make sure you have the correct visa and are applying to extend on the correct form. Failing to do this will result in their clocks being reset to zero if you apply on the wrong form.

This is why I was asking so many questions.

[Rup_Kumar]

Great thanks, will do