FLR(M)?

[umeruzair]

Hi,

I would like to know that if you get the ILR throught TIER 1 (G) to ILR then the T1(G) dependant partner (Wife) will needs to apply for FLR? in this case the FLR should be FLR(M)? As the wife is only been in england from last 5 months and she is on T1G Dependant therefore is she eligible to be transfer over to FLR? Also if someone only holds the ILR letter not the biometric card as it's not been delivered yet then should he/she would be able to apply for FLR(M) on the basis of just the letter or the biometric has to be delivered as well.

Thanks

[Lucapooka]

If her current leave is valid until she makes two years residence, she does not have to switch; otherwise, yes, she does have to switch. I can't answer your question about using the letter rather than the actual BRP, but I suspect that will be okay.

[umeruzair]

Lucapooka

Thanks for prompt response. Is that mean that her current T1 dependant would be fine and she does not need to change over as she has got enough two year window to complete? Is it not legal requirement that once the main applicant's status has changed the dependant has to be changed as well as she is no longer T1 dependant? Also the new rules which are coming from 9th July then whether should she have to wait till 5 years or 2 years to get the ILR?

[Lucapooka]

The rule change now permits PBS dependants to stay with their current leave (without switching) if it is sufficient to carry them over the two years.

[umeruzair]

Could you please refer me towards this link or clause number which states that and also is there any condition like if the main application has changed his/her t1 to ilr before 9th july then this rule does not apply or else.

Thanks

[Lucapooka]

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