ILR or FLR for Dependent !

[huqqapani]

I will be applying for ILR (WP category) in November 2013. I am aware that my wife (joined me in UK in June 2011) can apply at the same time then but if she is unable to pass the Life in the UK test by November, can she still apply at the same time as me.

If not, what category can she apply for and when ?

Please can someone advise me on this.

[huqqapani]

folks, i would really appreciate if someone could answer my query above please ??

[uk_2010]

Are you applying under 5 years WP category? If yes your wife can apply using SET(O) form once you have got your ILR - provided she has valid dependent leave to remain and she meets the other required criteria for depenents ILR.
If you are applying under 10 year long residency category then rules are different for dependents - there are many posts explaining the same in the forum you can search for them..

[vinny]

If she passes KOL, then she may apply for (or vary an undecided in-time application to) settlement (SET(O)?) under 196E. Else, she may apply for an extension (FLR(O)?) under 196A.

See also Closed immigration categories.

[huqqapani]

uk_2010 & vinny

I am currently under Tier 2 g and have leave till 2016 (same for dependent)

I can apply under Long residence in July 2013 but as per rules, I don't think my dependent can apply with me under this category until I receive my ILR, which will take till December 2013.

However, I will be eligible for Tier 2 route to settlement in November 2013, I believe my dependent can apply with me at the same time provided she meets requirements. The only cause for concern is the rule change regarding Language and LIUK after Oct 2013. If she doesn't satisfy language/LIUK, can she still apply with me when I apply for ILR/FLR etc in Nov or NOT ?

Hope the question is clear ??

[vinny]

If you are under Tier 2, then stating that you are applying for ILR (WP category) is incorrect.

See also Dependants of ILR (economic, 5 year route) applicants.

She may apply for the relevant extension if she does not qualify for settlement. The relevant extension will depend on the basis of your ILR application.

[huqqapani]

vinny

i mistakenly thought that wp and Tier 2 dependent categories had the same requirements. Apologies.

My wife joined UK as (my) WP dependent in June 2011. Back in December 2012, we both transferred to Tier 2 visa (with a new employer). In November 2013, i would have had over 4 years WP and a year's Tier 2.

The question i had originally is still unanswered, which is; -

when i apply for ILR (Tier 2 cat), she would satisfy 2 years cohabitation requirement as she came in June 2011 and has been living with me (although i'm not sure about type of evidences accepted).

But if she failed to satisfy the language requirement, can she still apply at the same time as i do, or would she have to apply separately on a different category?

[vinny]

But if she failed to satisfy the language requirement, can she still apply at the same time as i do, or would she have to apply separately on a different category?

She may apply for the relevant extension if she does not qualify for settlement.

[huqqapani]

But if she failed to satisfy the language requirement, can she still apply at the same time as i do, or would she have to apply separately on a different category?

She may apply for the relevant extension if she does not qualify for settlement.

can she apply at the same time as i apply for ILR i.e in the same application or a separate application?

[vinny]

If she doesn't qualify for settlement and you are applying for settlement, then clearly she cannot be applying in the same application as yours.

[huqqapani]

thanks vinny,

'' Entry clearance application as PBS dependant submitted before 09-Jul-12: The PBS dependant will always be subject to rules in place before 09-Jul-12. The PBS dependant must have lived with the principal PBS migrant in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)(i)). ''

my wife entered to UK in June 2011, according to the above my wife needs to prove cohabitation for 2 years as per rules before 09 July 2012.

Question : Am i wrong to think that the language requirement for my wife when she applies for settlement would also be as per rules at that time (i.e ESOL + citizenship course) or the new rules (LIUK test + English qualification) ?

[vinny]

She will need to satisfy the requirements in force at the time of the application/decision, subject to any transitional provisions.

[huqqapani]

vinny thanks

sorry for asking single question at a time,

my wife came in June 2011 as a Work Permit dependent, we only transferred to Tier 2 in Dec 2012.

Does it means that since she became Tier 2 dependent after July 2012, she would have to satisfy 5 years rule or the Work Permit dependent leave will be counted for her settlement application (i.e rules before July 2012) ?

[vinny]

I think that the two year requirement is applicable (319E(d)(i)(b)).

[huqqapani]

vinny

i have seen a post somewhere here saying that ILR Long Residence applicants can send there dependants' Set M application (as a separate application) at the same time providing the relevant criteria has been met ?

is that correct ?

[vinny]

No. Usually, dependants require FLR(M) or settlement visa before SET(M). However, PBS (non-Long residence) dependants may use SET(O).

[huqqapani]

So when I receive my ILR (LR) by November/December, my wife needs to apply for Set (?) provided she satisfies the requirements.

But if she doesn't qualify (i.e. language requirement) by December time, does she need to convert her visa from Tier 2 dependent to FLR straight away as her Tier 2 dependent visa is valid till 2016. OR Can she wait until she satisfy language requirements say around Feb March 2014 and apply for Settlement instead of extension ?

I hope the question is clear.

[vinny]

when i apply for ILR (Tier 2 cat), she would satisfy 2 years cohabitation requirement as she came in June 2011 and has been living with me (although i'm not sure about type of evidences accepted).

If you are applying for ILR under Tier 2 cat, then she may wait and apply for settlement when she qualifies.

[huqqapani]

Vinny

Tell me if I'm right please

Can my wife (Tier 2 Dependent currently) apply for settlement as soon as I receive my ILR (LR category)? Assuming the rules applicable will be ones before 09 July 2012, so 2 years requirement ?

She joined me in UK June 2011 as WP dependent and in December we transferred to Tier 2.

[vinny]

If you apply for ILR under Long residence, then she should switch to FLR(M) before SET(M).

[huqqapani]

If you apply for ILR under Long residence, then she should switch to FLR(M) before SET(M).

and she should wait for switch to FLR M until I receive my ILR ? Cant she apply for FLR M at same time as I send my ILR (LR) application as i have seen some posts here where people did that, unless i am getting confused, big time now ?

[vinny]

If she has sufficient leave, then she should wait.

[huqqapani]

vinny

Thanks ever so much for all your advice so far, its been priceless.

I am just so confused now as to which route to take, apply for Set LR then apply twice for wife to get Settlement
or
apply in november 2013 where me and wife can apply at same time. The only issue i have is : -

* sufficient co habitation docs? my wife joined me in June 2011, she hasnt worked, the only letters she has are our joint bank account statements and her few appointment letters from hospital which covers most of her 2 years.
* also i changed employer in March 2013, do i need to contact previous employer for letter confirming time worked (over 4 years), the position and salary etc. and Annual leave ?

What would you recommend, i know its my decision but i cant seem to make my mind up. I personally favour Long Residence as not much documentation required and had a good immigration history ?

[vinny]

See also Amber's comments.

[huqqapani]

vinny,

do i have to prove 2 years of cohabitation from the time my wife came to UK in June 2011, or from the time we had our last visa extended (which was from WP and WP Dependent to Tier 2 and Tier 2 Dependent in March 2013)