Urgent:10 years ILR Holder and wife on Tier 4 Dependent visa

JAGOO · Post by **JAGOO** » Fri Jun 15, 2012 11:26 pm

Dear All, Please help me with this situation asap.

1. I received my ILR on the basis of 10 years this year.
2. My wife is still on Tier 4 Dependent visa and she will complete 2 years in August this year ( Dependent visa valid untill October 2012).
3. Now according to the guidance (10 years) it says that she wud need to switch to FLR (M) and then immediately ILR.
4. I am very confused on if she can apply directly ILR without needing to switch as she will complete 2 years before her visa expiry date or does she need to use FLR (M) first.
5. Also wud new rules apply to her or not.
6. What about maintenance requirements do i need to show money in my account or just a job with the required amount as the FLR (M) guidance does not say anyhting about a specific amount.

Please reply asap and please do not redirect to any UKBA guidance as i have already read it and more confused. I would appreciate if sumbody can answer in detail.........

JAGOO · Post by **JAGOO** » Sat Jun 16, 2012 3:13 pm

Am I the only one facing this situation?

asim72 · Post by **asim72** » Sat Jun 16, 2012 5:46 pm

http://www.immigrationboards.com/viewtopic.php?t=105162

JAGOO · Post by **JAGOO** » Sat Jun 16, 2012 8:19 pm

asim72 wrote:http://www.immigrationboards.com/viewtopic.php?t=105162

Asim72, thank you for your help and the link and i have already read it and it makes things clear. So she will have to apply FLR(M) first. What about her settlement, does she need to wait two years or 5 years according to the new rules (Very confused on this point) as Greenie has put a link where it says

http://www.immigrationboards.com/viewtopic.php?t=105679

"2. If you applied for and were granted either leave as the spouse/partner/fiance of a settled person/British citizen or as a PBS dependent before 9th July 2012, you will still be subject to the two year probationary requirement and not the new 5 year probationary requirement. When you apply for ILR the current rules in your category will apply for you"

So that means that my wife will be subject to 2 years and not 5 years but sum people gave me different information. I am very stressed out on this. UKBA is making life harder for us here in UK...............

asim72 · Post by **asim72** » Sun Jun 17, 2012 8:41 am

JAGOO wrote:
asim72 wrote:http://www.immigrationboards.com/viewtopic.php?t=105162
Asim72, thank you for your help and the link and i have already read it and it makes things clear. So she will have to apply FLR(M) first. What about her settlement, does she need to wait two years or 5 years according to the new rules (Very confused on this point) as Greenie has put a link where it says

http://www.immigrationboards.com/viewtopic.php?t=105679

"2. If you applied for and were granted either leave as the spouse/partner/fiance of a settled person/British citizen or as a PBS dependent before 9th July 2012, you will still be subject to the two year probationary requirement and not the new 5 year probationary requirement. When you apply for ILR the current rules in your category will apply for you"

So that means that my wife will be subject to 2 years and not 5 years but sum people gave me different information. I am very stressed out on this. UKBA is making life harder for us here in UK...............

You have posted the answer to your query yourself. What else do you want to know?

Post by **geriatrix** » Sun Jun 24, 2012 10:14 pm

JAGOO wrote:Can anybody clear this confusion........

The new limit £18600, do we need to show that we have earned £18600 before the applicatin or need to have a job at the time of the application that we will earn £18600 in the coming year. For example, if i apply for my wife visa in August this year, i wud need to show that i have a job with a salary £18600. I need to apply for my wife visa in October this year and at the moment, i am not earning the required amount. However, i have been promised a pay rise in September with the required amount and i will be signing a new contarct in September. So basically from Sep 2012, i will earn £18600 untill Sep 2013. Please note that it wud not be an ILR application but to switch to FLR(M) application as a dependent of a person present and settled under the 10 years long residency category.

I hop sumbody can clear this confusion....

JAGOO · Post by **JAGOO** » Mon Jun 25, 2012 7:46 pm

sushdmehta wrote:
JAGOO wrote:Can anybody clear this confusion........

The new limit £18600, do we need to show that we have earned £18600 before the applicatin or need to have a job at the time of the application that we will earn £18600 in the coming year. For example, if i apply for my wife visa in August this year, i wud need to show that i have a job with a salary £18600. I need to apply for my wife visa in October this year and at the moment, i am not earning the required amount. However, i have been promised a pay rise in September with the required amount and i will be signing a new contarct in September. So basically from Sep 2012, i will earn £18600 untill Sep 2013. Please note that it wud not be an ILR application but to switch to FLR(M) application as a dependent of a person present and settled under the 10 years long residency category.

I hop sumbody can clear this confusion....

Sushdmehta, can you please answer this question on earning plzzzz according to my situation as above.

Post by **geriatrix** » Mon Jun 25, 2012 11:02 pm

Dependant of ILR (long residence) applicant

Read the topic carefully.

JAGOO · Post by **JAGOO** » Mon Jun 25, 2012 11:42 pm

sushdmehta wrote:Dependant of ILR (long residence) applicant

Read the topic carefully.

If i cud understand the rules then i wud not be asking to simply answer the question in simple words rather than pointing towards to links. Thnx anyways for the help so far...

Post by **geriatrix** » Mon Jun 25, 2012 11:55 pm

The links are not to (immigration) rules .... but text written in simple plain English that provide answers to questions about how the immigration rules will affect an individual /applicant in given circumstances and the associated course of action.

If for any reason you are unable to understand the content of the "help" topics, please wait for others to respond to your queries.

z18runway · Post by **z18runway** » Tue Jun 26, 2012 11:51 pm

JAGOO wrote:
sushdmehta wrote:Dependant of ILR (long residence) applicant

Read the topic carefully.
If i cud understand the rules then i wud not be asking to simply answer the question in simple words rather than pointing towards to links. Thnx anyways for the help so far...

in the topic, it has not mentioned anywhere about maintenance of £18600, i am traveling on same boat, still want to know about maintenance

faz28 · Post by **faz28** » Sat Jun 30, 2012 1:47 am

Read Greenie's this post my doubts were cleared after reading it http://www.immigrationboards.com/viewtopic.php?t=105679

z18runway · Post by **z18runway** » Sat Jun 30, 2012 11:40 pm

faz28 wrote:Read Greenie's this post my doubts were cleared after reading it http://www.immigrationboards.com/viewtopic.php?t=105679

7. The changes to the income thresholds (i.e. the minimum income of £18,600 for a couple) only apply to applications for ILR as the spouse of a a settled person. They do not apply for PBS dependents applying for ILR as PBS dependents.

is this the one you talking about, basically i understand that income thresholds will apply only to the people who apply for ILR of a settled person obviously as a spouse so i understand that.

They do not apply for PBS dependents applying for ILR "as PBS dependents " what does that mean

faz28 · Post by **faz28** » Sun Jul 01, 2012 12:56 am

They do not apply for PBS dependents applying for ILR "as PBS dependents " what does that mean[/quote]

Yes that's what I meant, as per my understanding is if we apply for ILR as PBS dependents , new maintenance (£18600) requirement doesn't affect us.We will be applying for settlement under old rules. I don't think there is any more news available regarding this so we need to wait until further information from Home Office.

z18runway · Post by **z18runway** » Sun Jul 01, 2012 9:23 pm

faz28 wrote:They do not apply for PBS dependents applying for ILR "as PBS dependents " what does that mean

Yes that's what I meant, as per my understanding is if we apply for ILR as PBS dependents , new maintenance (£18600) requirement doesn't affect us.We will be applying for settlement under old rules. I don't think there is any more news available regarding this so we need to wait until further information from Home Office.[/quote]

alright, what about spouse apply for FLR(m) instead of ILR ? with same situation, long residence i mean

faz28 · Post by **faz28** » Sun Jul 01, 2012 9:49 pm

"alright, what about spouse apply for FLR(m) instead of ILR ? with same situation, long residence i mean"

Sorry don't get it what do u mean by spouse applying flr(m) instead if ILR. Spouse visa is flr(m).

z18runway · Post by **z18runway** » Mon Jul 02, 2012 5:59 am

faz28 wrote:"alright, what about spouse apply for FLR(m) instead of ILR ? with same situation, long residence i mean"

Sorry don't get it what do u mean by spouse applying flr(m) instead if ILR. Spouse visa is flr(m).

sorry, i have a pbs dept who is with me for past 7 years, so along with my ilr i will have to attach flr m with covering letter saying consider my wife application once ukba grant my ilr,so if this is the case after 9th july what about threshold?

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Urgent:10 years ILR Holder and wife on Tier 4 Dependent visa

Urgent:10 years ILR Holder and wife on Tier 4 Dependent visa