ILR 10 years dependant application.

tsn1 · Post by **tsn1** » Wed Jul 25, 2012 7:38 pm

Hi, I'm a new member of this board. My scenario as follows-

I'm on Tier 1(general) visa, I'm going to apply for ILR on the basis of 10 years long stay on 7/09/2012. Me and my wife has got visa till 17/10/2012. My wife is tier 1(general) dependant and she is living with me since 29/12/2008. She came to to this country as my dependant and has extend Visa once with me as my spouse. As I am applying on the basis of 10 years , I can't add her with my application, but by the time I'll get my passport (assuming ILR stamped) back, her visa will expire.

My questions are-

1. Can she apply separately by using FLR(M) with the covering letter explaining that my case is in the Home Office?

2. Can she apply directly for ILR by using SET(M), as she completed more than two years with me.? If she explain that her husband case is in the home office for ILR.

3. Will the new rule (9th july earnings requirements) be applied for her to apply through FLR(M) or SET(M)?

Anyone expert or is in the same boat or passed similar situation, please help me out.

Many thanks.

angelloveguy · Post by **angelloveguy** » Wed Jul 25, 2012 10:23 pm

1- she can apply with you but only with FLR(M) form

2- No she first have to apply for FLR(M)

3- New rules

tier1Reading · Post by **tier1Reading** » Thu Jul 26, 2012 1:05 pm

angelloveguy wrote:3- New rules

No, new rules does not apply for the persons who made dependent visa for first time before 9-Jul-2012.

Read Q0:
http://www.immigrationboards.com/viewtopic.php?t=79378

tsn1 · Post by **tsn1** » Fri Jul 27, 2012 3:10 am

Many many thanks to tier1Reading and angelloveguy, I am still confused about 9th july rule but agree with angelloveguy.

In FLR(M) guidance 21d they says " You need to meet the financial requirement if you
made your first application to enter or remain here as a
partner after 9th July 2012."

so, I guess new rule doesn't apply for her

z18runway · Post by **z18runway** » Fri Jul 27, 2012 2:57 pm

tier1Reading wrote:
angelloveguy wrote:3- New rules
No, new rules does not apply for the persons who made dependent visa for first time before 9-Jul-2012.

Read Q0:
http://www.immigrationboards.com/viewtopic.php?t=79378

tier1reading is right, no new rules for you

Post by **Damanisshallo** » Sat Jul 28, 2012 3:07 am

Hello all,

I am due to submit my ilr application in a couple of months under 10 yr rule.
Until recent everything was fine but the new rules have ruined my plans.

Please read below to get a glance of my case...

I was on a student visa for 5 yrs then 2 yrs PBS 1 yr student dependant 2 yrs PBS dependant. My wife landed into this country as a student, after a yr I changed my status to her dependant further went on to be her PBS dependant.

I have a uk born child but then he's been to my home country so obviously he's got a visa endorsed (as my wife's dependant ).

Now the hard bit...

1. What are the chances of my wife getting ILR? as she's never been my dependant theoretically .

2. What Application shall I be going forward with my child?

3. Do I have to be well off financially. If so can I show house hold income (I mean me and my wife's salary or just mine).

Any sort of help would be highly appreciated.

ekbi1954 · Post by **ekbi1954** » Sat Jul 28, 2012 10:37 am

she can apply with you but only with FLR(M) form

z18runway · Post by **z18runway** » Sat Jul 28, 2012 11:13 am

Damanisshallo wrote:Hello all,

I am due to submit my ilr application in a couple of months under 10 yr rule.
Until recent everything was fine but the new rules have ruined my plans.

Please read below to get a glance of my case...

I was on a student visa for 5 yrs then 2 yrs PBS 1 yr student dependant 2 yrs PBS dependant. My wife landed into this country as a student, after a yr I changed my status to her dependant further went on to be her PBS dependant.

I have a uk born child but then he's been to my home country so obviously he's got a visa endorsed (as my wife's dependant ).

Now the hard bit...

1. What are the chances of my wife getting ILR? as she's never been my dependant theoretically .

2. What Application shall I be going forward with my child?

3. Do I have to be well off financially. If so can I show house hold income (I mean me and my wife's salary or just mine).

Any sort of help would be highly appreciated.

1) Its good chance if your wife file flr m inside country

2) your child can be registered as british citizen even from your home country ( if the child is still in home country) after your ILR, so no need to include your child in your application

3) you dont fall under new rules as your has got entry clearance before 9th july and she is pbs migrant

Post by **Damanisshallo** » Sat Jul 28, 2012 5:33 pm

Thank you ever so much

Post by **Damanisshallo** » Wed Aug 01, 2012 4:27 am

Another question friends!!! Further to my previous posts I've got another query? My wife has been in this country for more than 3 yrs now. However, not as my dependant (on paper). Infact I've switched to her dependant(student dependant) Now that I am trying to switch her to my dependant on FLR(M), does she has to spend 2 yrs on spouse visa or can she immediately apply for ILR as soon as she gets her spouse visa?

mrgsingh · Post by **mrgsingh** » Wed Aug 01, 2012 1:49 pm

tsn1 wrote:Hi, I'm a new member of this board. My scenario as follows-

I'm on Tier 1(general) visa, I'm going to apply for ILR on the basis of 10 years long stay on 7/09/2012. Me and my wife has got visa till 17/10/2012. My wife is tier 1(general) dependant and she is living with me since 29/12/2008. She came to to this country as my dependant and has extend Visa once with me as my spouse. As I am applying on the basis of 10 years , I can't add her with my application, but by the time I'll get my passport (assuming ILR stamped) back, her visa will expire.

My questions are-

1. Can she apply separately by using FLR(M) with the covering letter explaining that my case is in the Home Office?

2. Can she apply directly for ILR by using SET(M), as she completed more than two years with me.? If she explain that her husband case is in the home office for ILR.

3. Will the new rule (9th july earnings requirements) be applied for her to apply through FLR(M) or SET(M)?

Anyone expert or is in the same boat or passed similar situation, please help me out.

Many thanks.

Hi..I am also in the same situation as "tsn1". I also have 2x UK born children. One of them has visited to my home country so I had to apply dependant visa for him.

I note that i can add my wife on my application however will have to use FLR (M) form and I also understand that once we get our ILR, children will be eligible for british nationality however do I also have to include my son on my application as a dependant first as his visa is also about to expire.

Thanks

jbm · Post by **jbm** » Thu Aug 02, 2012 8:56 pm

mrgsingh wrote:
tsn1 wrote:Hi, I'm a new member of this board. My scenario as follows-

I'm on Tier 1(general) visa, I'm going to apply for ILR on the basis of 10 years long stay on 7/09/2012. Me and my wife has got visa till 17/10/2012. My wife is tier 1(general) dependant and she is living with me since 29/12/2008. She came to to this country as my dependant and has extend Visa once with me as my spouse. As I am applying on the basis of 10 years , I can't add her with my application, but by the time I'll get my passport (assuming ILR stamped) back, her visa will expire.

My questions are-

1. Can she apply separately by using FLR(M) with the covering letter explaining that my case is in the Home Office?

2. Can she apply directly for ILR by using SET(M), as she completed more than two years with me.? If she explain that her husband case is in the home office for ILR.

3. Will the new rule (9th july earnings requirements) be applied for her to apply through FLR(M) or SET(M)?

Anyone expert or is in the same boat or passed similar situation, please help me out.

Many thanks.
Hi..I am also in the same situation as "tsn1". I also have 2x UK born children. One of them has visited to my home country so I had to apply dependant visa for him.

I note that i can add my wife on my application however will have to use FLR (M) form and I also understand that once we get our ILR, children will be eligible for british nationality however do I also have to include my son on my application as a dependant first as his visa is also about to expire.

Thanks

hello please donot mind but in worse case if your ilr refuse than what is the status of your both sons as one of them is on leave to remain as ur dependent and other one has no visa at lot. will homeoffice not consider them as ilegal as they have not apply as dependent with ur wife flr m. just confused as i have to apply my wife flr m and have two son born here but not sure what to do. safe play is include them with my wife flr(extra 600 pounds fee) and then once i got ilr then apply for then british regestartion. please comment to get best and safe way out. thanks

mrgsingh · Post by **mrgsingh** » Thu Aug 02, 2012 9:39 pm

jbm wrote:
mrgsingh wrote:
tsn1 wrote:Hi, I'm a new member of this board. My scenario as follows-

I'm on Tier 1(general) visa, I'm going to apply for ILR on the basis of 10 years long stay on 7/09/2012. Me and my wife has got visa till 17/10/2012. My wife is tier 1(general) dependant and she is living with me since 29/12/2008. She came to to this country as my dependant and has extend Visa once with me as my spouse. As I am applying on the basis of 10 years , I can't add her with my application, but by the time I'll get my passport (assuming ILR stamped) back, her visa will expire.

My questions are-

1. Can she apply separately by using FLR(M) with the covering letter explaining that my case is in the Home Office?

2. Can she apply directly for ILR by using SET(M), as she completed more than two years with me.? If she explain that her husband case is in the home office for ILR.

3. Will the new rule (9th july earnings requirements) be applied for her to apply through FLR(M) or SET(M)?

Anyone expert or is in the same boat or passed similar situation, please help me out.

Many thanks.
Hi..I am also in the same situation as "tsn1". I also have 2x UK born children. One of them has visited to my home country so I had to apply dependant visa for him.

I note that i can add my wife on my application however will have to use FLR (M) form and I also understand that once we get our ILR, children will be eligible for british nationality however do I also have to include my son on my application as a dependant first as his visa is also about to expire.

Thanks
hello please donot mind but in worse case if your ilr refuse than what is the status of your both sons as one of them is on leave to remain as ur dependent and other one has no visa at lot. will homeoffice not consider them as ilegal as they have not apply as dependent with ur wife flr m. just confused as i have to apply my wife flr m and have two son born here but not sure what to do. safe play is include them with my wife flr(extra 600 pounds fee) and then once i got ilr then apply for then british regestartion. please comment to get best and safe way out. thanks

Thanks mate...I understand your point however if ILR rejects then all will have to leave...this is not a safe play....as if the visa granted, doesn't matter whether you included your child or not.......your children will be eligible to apply for british registration...correct me plz if i am wrong....

Post by **Damanisshallo** » Sat Aug 04, 2012 2:36 am

Damanisshallo wrote:Another question friends!!! Further to my previous posts I've got another query? My wife has been in this country for more than 3 yrs now. However, not as my dependant (on paper). Infact I've switched to her dependant(student dependant) Now that I am trying to switch her to my dependant on FLR(M), does she has to spend 2 yrs on spouse visa or can she immediately apply for ILR as soon as she gets her spouse visa?

Am I ignored?

Post by **Greenie** » Sat Aug 04, 2012 7:15 am

Damanisshallo wrote:
Damanisshallo wrote:Another question friends!!! Further to my previous posts I've got another query? My wife has been in this country for more than 3 yrs now. However, not as my dependant (on paper). Infact I've switched to her dependant(student dependant) Now that I am trying to switch her to my dependant on FLR(M), does she has to spend 2 yrs on spouse visa or can she immediately apply for ILR as soon as she gets her spouse visa?

Am I ignored?

your wife will be subject to the new rules since she is not currently here as your dependent. If she applies for leave as your spouse on form FLR(M) you will need to meet the new income requirements and she will need to complete 5 years as your spouse in order to qualify for ilr.

Post by **Greenie** » Sat Aug 04, 2012 7:18 am

z18runway wrote:
Damanisshallo wrote:Hello all,

I am due to submit my ilr application in a couple of months under 10 yr rule.
Until recent everything was fine but the new rules have ruined my plans.

Please read below to get a glance of my case...

I was on a student visa for 5 yrs then 2 yrs PBS 1 yr student dependant 2 yrs PBS dependant. My wife landed into this country as a student, after a yr I changed my status to her dependant further went on to be her PBS dependant.

I have a uk born child but then he's been to my home country so obviously he's got a visa endorsed (as my wife's dependant ).

Now the hard bit...

1. What are the chances of my wife getting ILR? as she's never been my dependant theoretically .

2. What Application shall I be going forward with my child?

3. Do I have to be well off financially. If so can I show house hold income (I mean me and my wife's salary or just mine).

Any sort of help would be highly appreciated.
1) Its good chance if your wife file flr m inside country

2) your child can be registered as british citizen even from your home country ( if the child is still in home country) after your ILR, so no need to include your child in your application

3) you dont fall under new rules as your has got entry clearance before 9th july and she is pbs migrant

3 is incorrect- his wife does fall under the new rules as she is currently the main migrant and not a PBS dependent.

Post by **Damanisshallo** » Sat Aug 04, 2012 11:20 am

Greenie wrote:
Damanisshallo wrote:
Damanisshallo wrote:Another question friends!!! Further to my previous posts I've got another query? My wife has been in this country for more than 3 yrs now. However, not as my dependant (on paper). Infact I've switched to her dependant(student dependant) Now that I am trying to switch her to my dependant on FLR(M), does she has to spend 2 yrs on spouse visa or can she immediately apply for ILR as soon as she gets her spouse visa?

Am I ignored?
your wife will be subject to the new rules since she is not currently here as your dependent. If she applies for leave as your spouse on form FLR(M) you will need to meet the new income requirements and she will need to complete 5 years as your spouse in order to qualify for ilr.

Would she be given a 5 yrs spouse visa? Or does she need to renew every yr?

Post by **Damanisshallo** » Sat Aug 04, 2012 12:09 pm

You will initially be given leave to enter for 2 and a half years, and then you can apply for another period of 2 and a half years. Source

jbm · Post by **jbm** » Sun Aug 05, 2012 6:03 am

mrgsingh wrote: Thanks mate...I understand your point however if ILR rejects then all will have to leave...this is not a safe play....as if the visa granted, doesn't matter whether you included your child or not.......your children will be eligible to apply for british registration...correct me plz if i am wrong....

thanks mrgsingh, ok we not including our sons with flrm now when filling the form what is ur suggestion for:

Section 4: Dependent chidren who appling with You . this is mandatory section and we have to anwser as application is invalid if we dont fill this section.

now if i anwser yes to 4.1, i have to anwser 4.6 aswell where they ask about child passport and nationality details. will home office not ask us about
their status or why not we include them as according to them they are overstayed once their leave expire.

please adivce

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