FLR OR ILR FOR MY WIFE

sheryar.uk · Post by **sheryar.uk** » Thu Jun 28, 2012 10:49 pm

Could anyone please guide me regarding my wife settelement visa query?

My wife came to UK in April 2007 as dependant of Work Permit Holder, as at that time I was on work permit (TWES) i.e Traning and work experince work permit.

I applied for” indefiniteleave to remain” on 23/01/11 on the basis of long residency in the UK and was granted an indefinite leave to remain on 20th February 2011. Subsequently I had to change my wife immigration status and she applied for leave to remain asa “suppose of settled person in the UK “and was granted 2 years extension on13/06/2011.

I have recently obtained my British citizenship on 14/05/12 and also my two sons who are born in the UK are British nationals.

In total my wife has beenliving in the UK for 5 years and 2 months (i.e. 4 years 2 months as a dependentof work permit holder and 1 year as a dependent of a person present and settledin UK). Is she eligible to apply for “indefinite leave to remain” now as shehas already lived here more than 5 years as my wife (dependant)? Or does sheneed to wait until June 2013 (i.e. completion of 2 years as dependent of personpresent and settled in UK)?

Post by **Lucapooka** » Thu Jun 28, 2012 10:55 pm

What was your immigration category immediately prior to the time were granted ILR.

sheryar.uk · Post by **sheryar.uk** » Thu Jun 28, 2012 11:01 pm

Hi Lucapooka

before i was granted ILR, I was on Work Permit (TWES) this work permit was issued for 5 years under programme called training and work experience.

i completed my 10 years residency with 6 years student and 4 years TWES work permit.

I hope it clarifys your question!!

Post by **geriatrix** » Fri Jun 29, 2012 3:37 am

The subject title says "FLR or ILR for my wife". But your wife already has FLR.
And I assume that it would have been granted with a validity of 2 years.

She may apply for settlement no earlier than 28 days before 13-Jun-2013. She will need to apply for FLR (again) only if she is unable to qualify for settlement for some reason.

Post by **Lucapooka** » Fri Jun 29, 2012 9:21 am

sheryar.uk wrote:before i was granted ILR, I was on Work Permit (TWES) this work permit was issued for 5 years under programme called training and work experience.

This is what is confusing me. I was not aware that a grant of TWES for five years was possible. Are you sure you did not switch at some stage?

sheryar.uk · Post by **sheryar.uk** » Fri Jun 29, 2012 9:42 am

TWES work permit was allowed for 5 years for Non-Eu people at the time when i applied i.e Januray 2007 and yes i did not switch to any other category at all...as a matter of fact my 4 freinds got the same 5 years TWES.

But still no one has actually replied to my original question!!!

Post by **geriatrix** » Fri Jun 29, 2012 9:46 am

Has the question not been answered by telling you when your wife becomes eligible for settlement?

Post by **Lucapooka** » Fri Jun 29, 2012 9:49 am

Yes, your question has been answered. My question was a fishing expedition. I was trying to find out if you were a PBS migrant when you were awarded ILR under long residence. Unfortunately, you were not.

sheryar.uk · Post by **sheryar.uk** » Fri Jun 29, 2012 10:12 am

Thank you to both of you

regards

sheryar.uk · Post by **sheryar.uk** » Fri Jun 29, 2012 12:38 pm

I have sent exact same email to th UKBA regarding my wife visa and below is thier answer.

Thank you for your email.
Based on the information given in your email your wife appears to be eligible to apply for indefinite leave to remain in accordance with paragraph 287(a)(i)(a) of the Immigration Rules. She will of course have to meet all the requirements of paragraph 287(a) of the Rules.UK Border Agency | Spouses and civil partners

I hope this clarifies the position.

Pat

Settlement Operational Policy

It appears to be contradictive to your replies. or may be you both can clarify me more???

Post by **geriatrix** » Fri Jun 29, 2012 12:49 pm

How is it contradictory?

sheryar.uk · Post by **sheryar.uk** » Fri Jun 29, 2012 12:59 pm

Contradictory in a sense that you said she can apply ILR 28 days before 13/06/2013 whereas i asked UKBA to clarify if she is eligible now or later and they replied she is eligible under 287(a)(1)(a) ...which means i dont have to wait until 2013.

In that sense it was contradictory!

Post by **Lucapooka** » Fri Jun 29, 2012 1:38 pm

and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom;

So when she have completed two years in her current category which began in 2011. She can't aggregate her previous leave to make two years; it has to be two years from the time she switched.

My previous question was hoping you were a PBS migrant, as then, according to 287(a)(i)(d) she could aggregate time spent in a previous category. However, you were not a PBS migrant when you were granted ILR.

offline · Post by **offline** » Sun Jul 01, 2012 1:25 am

sheryar.uk wrote:I have sent exact same email to th UKBA regarding my wife visa and below is thier answer.

Thank you for your email.
Based on the information given in your email your wife appears to be eligible to apply for indefinite leave to remain in accordance with paragraph 287(a)(i)(a) of the Immigration Rules. She will of course have to meet all the requirements of paragraph 287(a) of the Rules.UK Border Agency | Spouses and civil partners

I hope this clarifies the position.

Pat

Settlement Operational Policy

It appears to be contradictive to your replies. or may be you both can clarify me more???

Hi Sheryar,

What email address did you use for homeoffice? can you please send that to me. I have unable to find any email address on homeoffice website. I have a couple of questions for them.

Regards,
OffLine.

Immigrationboards.com: Immigration, work visa and work permit discussion board

FLR OR ILR FOR MY WIFE

FLR OR ILR FOR MY WIFE

Hi Lucapooka

Re: Hi Lucapooka

Recieved reply from Home office

Re: Recieved reply from Home office