Tier 1 dependent to ILR dependent

[vinny]

register

FLR(M) is for the partner of a settled/British person. No restrictions on working afterwards. Also recommend for PBS partner of Long residence applicants.

[wins7031]

Hi Vinny - thanks cor all your replies

If my wife applies for extension after my ILR, wouldn't she be classed as a partner of a settled person and as such qualify for FLR (M)?

Also, is it possible to have her dependent extension at the same time of my ILR application?

[vinny]

That's why I posted that it was your choice. Didn't you read the Explanatory Memorandum?

It should be possible to apply at the same time. However, you may need to book 2 appointments, if going to a PEO.

[wins7031]

Hi Vinny - I did read it however my confusion (and similarly others in this forum) lies when you say its your choice.

Surely everyone would want to extend their partners visa's at the lowest possible cost so given a choice, FLR (M) would be the cheapest option.

So again it comes back to my basic question why and who is PBS dependent for? If you could explain it to me in layman's words, it would be very helpful to me and others who are scouring this forum on this topic

[vinny]

Your choice

Remaining as PBS dependants preserves the start of the ILR qualifying period for spouses who are not subject to the transitional provisions.

[wins7031]

Thanks once again Vinny. So does that mean if my wife applies via FLR (M), the time that she has accrued as a dependant till now wouldnt count?

How long does a visa granted under FLR (M) last for?

[vinny]

I think so.

Her initial leave under FLR(M) will be subject to D-LTRP, a period not exceeding 30 months. After that, she may make another FLR(M) application.

[wins7031]

Really appreciate all your help Vinny

[Amber]

Hi - I am eligible to apply for ILR in July 2014 after which I am considering returning back to our home country without applying for BC.

Even after reading the returning residents section on UKBA website, I am not clear what is the best way that I can preserve my ILR whilst staying out of UK.

Offcourse a good option would be to come back to the UK before the two year period for a couple of weeks or so but is that a long term viable option?

Even on a worse case scenario should I decide to come back to the UK under ILR after a few years out of country, would I still be eligible to apply for BC should my intentions change

Kindly advise

[Amber]

The issue is if you stay out 2 or more years you'll likely lose ILR. Moreover, you can really only leave for just under 2 years once, you'll have to wait a substantial time before trying it again as you must be returning with an intention to settle. Indeed for naturalisation you'll have to show your future intentions are in the UK and to not exceed the absence limitation.

[vinny]

They expect returning residents to enter the UK for the purpose of settlement within 2 years.

[wins7031]

Thanks Amber , Vinny - But then how do demonstrate / convince them of your interest to settle other than by word?

[Amber]

Home in the UK, job in the UK, family in the UK etc.....

[wins7031]

Thanks for your replies. My below query is for me (main applicant)

As stated initially, I am planning to apply for ILR under 5yr Tier 1 (Gen) route. Under this, my first Tier 1 was stamped from 30th July 2009 - 30th July 2012 (3 years). Due to last year's olympics, my postal application took a while to return which meant that my second Tier 1 was stamped from 17th Sept 2012 - 17th Sept 2014 (2 years).

My questions are:

- When am I eligible to apply for a PEO appointment - June or August 2014?

- Is the earliest I can apply 28 days before or 3 months before?

- Is it form SET(O)?

Thanks to advise

Regards
Wins

[Amber]

Hi

My ILR application is not due until end of June 2014. To be on the safe side, I recently applied and passed the LIUK computer based knowledge test. This was before 28th Oct.

However, with this rule change from today where I have to prove my english language skills also, is this an additional test that I have to undertake even if I passed the knowledge test? If so, how should I go about applying for this new test?

I currently hold an MBA from Edinburgh Business School (UK) and am an Indian national with all my education done on via english medium

Kindly advise

Thanks
Wins

[Amber]

A UK degree will suffice the new B1 requirement in addition to LIUK.

[wins7031]

Thanks Guru.

Does this mean that at time of my application, I apply using my MBA certificate as a proof for my english language along with my LIUK pass test certificate or do I need some type of equivalent document stating that my present qualification is good enough?

Also, can you advise on my previous query prior to this query?

Really appreciated

Wins

[Amber]

NARIC do not offer a statement for UK degrees so they cannot request this.

[wins7031]

Hi Guru's

My wife"s visa (who is currently a Tier 1 dependant) is due for non-ILR extension in Sept 2014 which is the same time my visa also expires. Initially I was planning on getting my ILR in July 2014 as my 5 yrs would have completed and then renew her's a couple of month's later

However is there a benefit that we both renew in Sept as I noticed on the dependant extension form that the fee is cheaper if applied with the main applicant. Have I got this right?

Also is it possible that if we go ahead with this option, can we do renew in a single PEO appointment?

Kindly advise

Thanks
Wins

[kwtz4]

Tier 1 dependant visa forms only, if extending stay from your dependant to same category, and may be eligible for ilr, if she have been ur dependant over 2 years, arrived before july 2012, as she have been on different visa, so best to check with home office.

[wins7031]

Hi everyone - I checked with the home office yesterday and they advised that given in my case it's two separate applications (ILR + PBS dependant), there is no cost benefit even if it's done on the same day. I hope this info helps others as well

Given PBS dependant PEO is £2007, how I wish like the others that FLR (M) could be an option for us even if it means resetting the clocks

[imi99999]

I am in a same boat, on tier 1 and my wife is my dependant on tier 1. My long residency completes February 15 and I will apply ILR on that base. My wife is with me since nov 2006 along my two daughters born in Pakistan but moved to uk in 2006 nov.
1. Will I have to apply my daughters flr(m) or can I register their BC as they be here for eight years
2. In latest debate on new rule my dependants will have to spend 2 or 5 years on flr(m) because they can't combine their previous 8 years stay as my dependant.
If above is correct
A. could somebody give me a link to that from home office. I am unable to spot any thing about combining PBS stay.
B. Court recently overturn 20 year rule back to 14 year. Could above scenario not be contested in the court and I am sure forum has enough members who can split the cost of solicitor in 10s.

[vinny]

1. Include daughters, born in Pakistan, in spouse's FLR(M) and subsequent SET(M) applications.
2. 5 years.

Can you give a link to court's judgment?

[imi99999]

1. Include daughters, born in Pakistan, in spouse's FLR(M) and subsequent SET(M) applications.
2. 5 years.

Can you give a link to court's judgment?

Thanks for reply. Can you please give me the link where it says that you can't combine previous PBS residency towards ilr. I can't find any such info in E-ilr 1.3 on appendix fm as some body mention 4

[Amber]

You may combine PBS dep with other stay for SET(LR) but not SET(M) as you have/are applying for FLR(M) after 6 April 2014.

One may still apply for FLR based on 14 years residency in the UK, depending on the circumstances.