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ILR and FLR clarification required - borderline case

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allgo
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Posts: 124
Joined: Tue Jul 31, 2007 3:36 am
Location: United Kingdom

ILR and FLR clarification required - borderline case

Post by allgo » Sun Dec 02, 2012 11:04 am

I complete 5 years on Tier 1 visa on 14th Jan 2013 and will be eligible for ILR. I also have my wife as dependent in the UK.
Kindly note I had gone for a 2nd Tier-1 extension on May 2012 and both me and my wife have Tier-1 and Tier-1 dependent visa respectively, until 4th Sep 2014. Both of us will be finishing Life In UK test by end of Dec this year.

I want to go for my ILR (SET(O)) on 14th Jan 2013. My wife came into the UK on 7th April 2011 and hence won't be completing 2 years by that time.

Here are my questions

1) If say I apply for my ILR on 14th Jan 2013, does she really need to apply for FLR(M)? Since she already has a valid Tier-1 dependent visa until Sept 2014 and is already in the UK can she directly apply for her SET(M) on 7th April 2013 when she completes 2 years in the UK as a dependent?
1.a) Also can she travel with her Tier-1 dependent BRP card freely in and out of UK?

2) In case my assumption above is wrong i.e she needs to apply for FLR(M) before she can apply SET(M) can I apply for my ILR i.e. SET(O) and my wife's FLR(M) with the same appointment? Or I apply first and then she applies for her FLR(M) after a few days? Ideally would like to apply together.

If you can kindly answer the questions above I will be deeply obliged.

PS: I have gone through this link already
http://www.immigrationboards.com/viewtopic.php?t=105162

And
it appears that immigration rule 319E benefits only those PBS dependants where the PBS migrant has applied for or received settlement "as a relevant PBS migrant". Hence, it appears that PBS dependants where PBS migrant has received settlement under long residence will continue to need to switch to FLR(M) in order to apply for settlement as and when they become eligible. Such dependants should apply for FLR(M) before they travel outside the CTA or before their current leave expires (whichever occurs first).
Still no sure how dependents of "relevant PBS migrants who have received settlement" are benefitting - i.e. what exactly is the benefit? Is it same as what I have asked in (1) above.
Many Thanks

allgo
Member
Posts: 124
Joined: Tue Jul 31, 2007 3:36 am
Location: United Kingdom

Post by allgo » Mon Dec 03, 2012 10:51 am

hi mods. i know it may be a similar duplicate query but if you can kindly help i will be deeply obliged. please help as i need to book the appo in a day or 2

diddakkr
Newly Registered
Posts: 3
Joined: Sat Jul 14, 2012 8:53 am

Tier 1(G) Dependant FLR(M)

Post by diddakkr » Mon Dec 17, 2012 11:45 am

Hi,

My Wife has a Tier 1 General Dependant valid from Mar-2012 to June-2014 and I got my ILR in Nov-2012.

I was in a impression that my wife Visa needs to change to FLR(M) as my visa status changed to ILR, having said that today My wife went to Croydon PEO for applying FLR(M), but they advised not to apply FLR(M) as you have the valid Tier 1 General Dependant visa till June 2014 and suggested to apply ILR directly when you complete 2years as dependant.

but they didn't give any written communication on this.

Here are my questions

Does my wife need not to apply for FLR(M)? Since she already has a valid Tier-1 dependent visa until June 2014 and is already in the UK can she directly apply for her SET(M) on Mar 2014 when she completes 2 years in the UK as a dependent?

much appreciated for any responses.

Many thanks

diddakkr
Newly Registered
Posts: 3
Joined: Sat Jul 14, 2012 8:53 am

Post by diddakkr » Tue Dec 18, 2012 12:41 pm

In-reference to the above topic, I contacted the Home office yesterday and they confimed me that my wife need not to change her visa to FLR(M) as my ILR is granted based on Tier1 General.

Useful links:
http://www.ukba.homeoffice.gov.uk/sitec ... ly-private

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

sreepujari
Junior Member
Posts: 56
Joined: Fri Feb 17, 2012 10:43 pm

Post by sreepujari » Wed Dec 26, 2012 1:52 pm

Is this applicable to tier2 dependent ?

http://www.immigrationboards.com/viewto ... 305#753305

allgo
Member
Posts: 124
Joined: Tue Jul 31, 2007 3:36 am
Location: United Kingdom

Post by allgo » Thu Dec 27, 2012 10:39 am

thanks a lot diddakar

allgo
Member
Posts: 124
Joined: Tue Jul 31, 2007 3:36 am
Location: United Kingdom

can the dependent travel on the existing tier1 dep visa

Post by allgo » Thu Dec 27, 2012 10:54 am

Just wondering - can the dependent travel in and out of the country with the Tier 1 dependent visa while the main applicant has already been granted ILR?
Thanks again[/quote]

allgo
Member
Posts: 124
Joined: Tue Jul 31, 2007 3:36 am
Location: United Kingdom

Post by allgo » Mon Jan 21, 2013 4:45 pm

Just bringing this back to Life again. Ref my last question - while being om Tier 1 PBS dependent visa in the above case where I have already migrated to ILR , can my wife travel in and out of the UK with her existing PBS dependent BRP card?

sshanmug
Junior Member
Posts: 68
Joined: Thu Jun 21, 2007 6:22 am

Post by sshanmug » Tue Jan 22, 2013 9:37 am

yes

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