10yr Long Residence ILR+Dependant - Based on 9 Jul, 12 Rules

[bhargav.ganti]

Dear All,

I have been a regular viewer of this post for quite some time now and this is my first post. I would be thankful to all if some light could be thrown on my query.

History :

My Wife came to UK in 2002 on Diplomatic dependant Visa (Her Father worked in Indian Embassy) and shifted to Student Visa in 2005 and then to PSW in 2008 and Tier-1(General) in 2010 and recently last year she extended Tier-1(General) which now expires in 2015.

We got married in 2011 and I came to UK as Tier-1 Dependant in Sep-2011 and am due to complete my 2 years as her dependant in Sep-13.

Twist :

I was under the impression that myself and my wife could apply for ILR together in Aug-13 (She already qualifies based on 10 years long residence + I would be able to apply 28 days before i complete 2 years with her) which eventually proved wrong. I now realise that she will have to apply first and then I can. So, she is applying for ILR (ten years) by end of this month

Queries :

Assuming that she gets ILR by say Feb-14, Will I :

1. Have to apply for FLR(M) and then immediately shift to ILR ? - Many have contested that I will have to complete 2 years on the FLR(M) Visa based on the new rules.

2. be able to apply for ILR through SET(M) right away ? - I have read posts where some of them were successful, however does the new change of rules (5 years for settlement of dependants) have anything to do here ?

3. have to apply for FLR(M) and then renew it after 2.5 yrs and finally after 5 yrs on FLR(M), can apply for ILR - One of the statement in the UKBA website hints towards this

4. have to wait ultimately for 5 years as her dependant. however because i will have compelted 2.5 yrs as dependant on PBS (her Tier-1 Status), therefore will have to complete the balance 2.5 yrs on FLR(M) and then when the total comes to 5 yrs, can apply for ILR.

I appreciate that my first post itself is too long, but it will really help me and hopefully many many others in future because I have put in all the possibilites of a dependant where main applicant got ILR based on 10 yrs rule.

Many Many thanks to the Gurus and Pro`s and everybody in advance !!

[Amber]

Old rules, 2 years probationary period, technically, flr(m) then once approved set(m), amalgamating the time as a PBS dep with that of flr(m) by virtue of immigration rule 287(a)(i)(d) though, it's been pot luck lately and some have been successful going straight for set(m) [though this was at a PEO]. Before your current leave expires, put in an application for flr(m) asking the caseworker to make a decision once your partner's ILR decision has been made.

[bhargav.ganti]

Many Thanks Amber for the quick reply.

However as i mentioned in my initial post about UKBA website hinting towards something else, please see the link below.

In the first paragraph, it mentions about partners (OF A SETTLED PERSON OR BRITISH CITIZEN) coming to UK on or before 8 July 12 blah blah blah... - Does this not mean that for me to apply based on these rules, I should have come to UK before that date (which I came) BUT the main applicant (My wife) should have already been a settled person or British by then ?? where as she was on Tier-1(General) then.

http://www.ukba.homeoffice.gov.uk/visas ... fore9july/

Thanks for your advise !

[Amber]

Old rules, 2 years probationary period, technically, flr(m) then once approved set(m), amalgamating the time as a PBS dep with that of flr(m) by virtue of immigration rule 287(a)(i)(d) though, it's been pot luck lately and some have been successful going straight for set(m) [though this was at a PEO]. Before your current leave expires, put in an application for flr(m) asking the caseworker to make a decision once your partner's ILR decision has been made.

You have what is called transitional protection as a PBS dep who was granted leave as a spouse before July 2012.

[bhargav.ganti]

Thanks Amber.. Just for the sake of proving to the caseworker in case s(he) declines the application, is there any link to the rule about what you mentioned regarding the transitional benefit of pbs dependant that i can show to the caseworker to prove our point ?

Thanks a ton again for your valuable advise .. [/quote]

[Amber]

Here (click) at chapter 3.2

[bhargav.ganti]

Thanx a ton Amber. However, 3.2 states that I could be eligible if my wife attains ILR thru the 5 yrs PBS route. However, we intend to apply for her ILR thru the 10 yrs long residence route.

I have checked section 2.1 in the same link which is generalised. Cud we consider this section and assume that I cud still be eligible to apply for ILR right after my wife gets hers ?

Again loads of thanx to u for sharing this link.

[Amber]

Thanx a ton Amber. However, 3.2 states that I could be eligible if my wife attains ILR thru the 5 yrs PBS route. However, we intend to apply for her ILR thru the 10 yrs long residence route.

I have checked section 2.1 in the same link which is generalised. Cud we consider this section and assume that I cud still be eligible to apply for ILR right after my wife gets hers ?

Again loads of thanx to u for sharing this link.

You have transitional protection because you were a spouse dep (PBS) before July 2012, there is not much more to it.

[bhargav.ganti]

Thanks.. I have also managed to the official guidance to caseworkers, where it clearly states that in my case rules before 8-Jul-12 would apply.

Cheerz !!

[bhargav.ganti]

Hi Amber,

Quick question - Those of us who fall under the transitional rules, are we required to demonstrate :

1. English Language
2. And most importantly do we fall under the 18,600£ requirement or is this exempt under the transitional arrangements ?

Many Thanks

[Amber]

If you have transitional protection there is no financial requirement. Rather adequate maintenance (click).

[bhargav.ganti]

Thanx a ton