Application together ILR visa and FLR (M) / PBS dependent

[kiri132]

Hi All

I am on Tier 1 general visa and will qualify for ILR on July 2014 and my current visa expires on Nov 2014.

My partner does not qualify for the ILR at the same time as me- Because she got the entry clearance visa after July 2012 (got PBS dependent visa until Nov 2014) and will not complete qualifying 5 year residential period.

Please advise on which visa I need to apply for my partner (PBS Dependent Visa or FLR (M)) after my ILR visa?

Are there any options to make applications at same time (July 2014) for my ILR visa and my partner PBS dependent visa/FLR (M) via PEO appointment or Post?

Or should I get the ILR visa in July 2014 then need to apply for my partner?

Please clarify and advise.

Many thanks in advance.

[Amber]

The extension for the spouse would be a pbs dep extension not flr(m) if you are applying as a PBS applicant. You should be able to do both at the same time, though you should make the appointment applicant + dependent.

[kiri132]

Thanks Guru.

I would like to compare the below options; Please correct me if I am wrong.

Option 1-Applying separately: Initially apply my ILR visa then apply FLR (M) visa for my partner after my ILR got approved.
Things to consider for my partner FLR (M) application:
Requirement of English to be satisfied
2.5 year Extension?
Any other requirement?

Option 2-Applying together: Apply my ILR visa with PBS dependent extension visa for my partner.
Things to consider for my partner PBS Dependent Visa Extension application:
No Requirement of English
Extension period......?
Requirement of maintenance funds to be satisfied.
Any other requirement?

Please clarify.

Many thanks.

[Amber]

Option one would be subject to the financial requirement (£18600 per annum Gross for a couple with no children).

PBS dep extension would be for for a period of three years if the PBS migrant has indefinite leave to remain or has become a British citizen.

[kiri132]

Thanks Guru,

I think better option would be apply my ILR in July 2014 (PEO) and apply my partner FLR(M) (By Post) in November 2014.Please correct me if I am wrong considering below cost break down and extension period of my partner spouse visa.

Please advise.

According to current fees,
Applying separately;
ILR(PEO)=£1426
FLR(M)(Post)=£578
Total =£2004

Applying Jointly;
ILR(PEO)=£1426
PBS Dependent(PEO)=£1534
Total =£2960

Applying Jointly;
ILR(Post)=£1051
PBS Dependent(Post)=£953
Total =£2004

[CSREDDY25]

Option one would be subject to the financial requirement (£18600 per annum Gross for a couple with no children).

PBS dep extension would be for for a period of three years if the PBS migrant has indefinite leave to remain or has become a British citizen.

Hi Amber, Would option 1 exist for Tier-1 Dependants.? I was posting in the other threads. and following the forum keenly.
I am in same scenario. I will be applying for ILR soon as a Tier-1 Migrant . My wife and daughter are on Tier-1 dependant status post 9th July 2012 rules.

can my wife and daughter extend their visa on FLR(M) application or do they must extend their stay only as PBS dependants? (as I am eligible for ILR as a PBS Migrant). If given a choice, I will prefer FLR(M) route for them as it is comparatively less expensive. But all the posts and the FLR(M) application form says Tier-1 dependants cant extend their stay on that form.

Please advise. Many thanks.

[vinny]

I believe that it's your choice.

However, for spouses who are not subject to the transitional provisions (***** CHANGES 6th April 2014 *****), they must apply under Appendix FM-SE.

There are no provisions to amalgamate leave under a different category in E-ILRP.1.3. So, their qualifying period (under FLR(M)) for SET(M) may be reset.

[CSREDDY25]

Hi Vinny,
Thanks for the response.
Looks like my wife meets all the requirements for the extension through FLR(M) route. But the FLR(M) application form clearly mentions that PBS dependants can't use this form and they should instead use the PBS dependant form.
Can you please advise which form she could possibly use for the extension as a partner of the settled person.?

Many thanks..

[vinny]

FLR(M) is the correct form for spouses of ILR holders who satisfy the requirements.

[CSREDDY25]

Thanks Guru,

I think better option would be apply my ILR in July 2014 (PEO) and apply my partner FLR(M) (By Post) in November 2014.Please correct me if I am wrong considering below cost break down and extension period of my partner spouse visa.

Please advise.

According to current fees,
Applying separately;
ILR(PEO)=£1426
FLR(M)(Post)=£578
Total =£2004

Applying Jointly;
ILR(PEO)=£1426
PBS Dependent(PEO)=£1534
Total =£2960

Applying Jointly;
ILR(Post)=£1051
PBS Dependent(Post)=£953
Total =£2004

In option 2..PBS Dependant (PEO) fee should be £1920 ( If applying different to the main applicant). Although you are applying at the same time at PEO ,but your application is for ILR, where your wifes application is PBS Dependant.

Correct me if I am wrong.

[CSREDDY25]

FLR(M) is the correct form for spouses of ILR holders who satisfy the requirements.

Thanks Vinny. And is it still the same even if they are PBS dependants previously? I am confused as the FLR(M) form doesn't give the options for previous PBS dependants.

[vinny]

Satisfying the relevant requirements of the immigration rules should be sufficient.

[kiri132]

I am confused.After getting my ILR, can I apply PBS dependent extension for my partner or I should go for FLR(M)?

Please confirm.

[CSREDDY25]

I am also in the same situation. Confused.
First of all Thanks to Vinny, who has kindly shared all the links to the immigration rules to extend the stay as a spouse of settled person.
But although my wife and daughter satisfy all the requirements for FLR(M), I am still sceptical looking at the FLR(M) Guidance notes.

http://www.ind.homeoffice.gov.uk/siteco ... 020091.pdf

1 FOR WHICH APPLICATIONS MUST YOU USE FORM
FLR(M)?
Form FLR(M) must be used if you are applying for an extension of stay in one of the following categories:
• spouse or civil partner of a person present and settled
in the UK
• unmarried or same-sex partner of a person present and
settled in the UK
You and any children under 18 applying with you must be in
the UK to apply.
Anyone applying for an extension of stay in the abovementioned categories must apply - also on form FLR(M) - for
a biometric immigration document, otherwise known as a
Biometric Residence Permit (BRP).
Form FLR(M) must not be used if you are applying for an
extension of stay:
• As a dependant of a PBS migrant (who has temporary
leave or has obtained indefinite leave to remain as a
PBS migrant) - the correct form is PBS Dependant
• As a dependant of a work permit holder (who has temporary leave or has obtained indefinite leave to remain as a
work permit holder) - the correct form is FLR(O)

Am really confused too..
Not sure whether to apply for my wife and daughter on FLR(M) or PBS dependant form.

[vinny]

The rules trumps the guidance.

[vinny]

I am confused.After getting my ILR, can I apply PBS dependent extension for my partner or I should go for FLR(M)?

Please confirm.

Already answered.

[CSREDDY25]

The rules trumps the guidance.

Thank you very much Vinny. Very assuring and very informative.
I will be applying for my wife and daughter on FLR(M) once I get my ILR. Should I include the covering letter stating the immgation rules which my wife and daughter are applying under. ( As I am concerned CW may just look into the Guidelines and may refuse . These days I beleive there is no face to face with case worker to explain the things. ). Please advise.

Many thanks again.

[vinny]

There's no harm in stating the Immigration rules under which an application should be considered. As you know, the rules are very complex, so just make sure that the applicants satisfies all the relevant requirements.

I believe you do get to meet with a caseworker at a PEO.

[CSREDDY25]

Thanks Vinny.

Could anyone help me with the query regarding English Language reuirement for FLR(M). My wife got academic degree from India ( which is recognised on UKBA PBS calculator) . But I beleive it still needs to be assessed by NARIC as UK equivalent.
On her degree certificate nothing is mentioned regarding the medium of instruction .
How can we prove the medium of instruction was English? Does we need to get the letter from the University in India, where degree was done.? In that case does we need to pay NARIC for Degree assessment and English Language assessment separately?

I did write to NARIC, but awaiting reply from them. Please advise.

Many thanks.

[vinny]

Probably simplest is just to take and pass the appropriate English Language test.

[closer25]

Hi

I am in the same situation and had called the home office last 2wks for clarity....they categorically advised it has to be on the pbs dependants even if I go on ilr and it states on the form too ...something in the line which says ' for partners whose other half are on tier 1 or ilr and they aren't qualified for ilr'

hope this helps

Hi All

I am on Tier 1 general visa and will qualify for ILR on July 2014 and my current visa expires on Nov 2014.

My partner does not qualify for the ILR at the same time as me- Because she got the entry clearance visa after July 2012 (got PBS dependent visa until Nov 2014) and will not complete qualifying 5 year residential period.

Please advise on which visa I need to apply for my partner (PBS Dependent Visa or FLR (M)) after my ILR visa?

Are there any options to make applications at same time (July 2014) for my ILR visa and my partner PBS dependent visa/FLR (M) via PEO appointment or Post?

Or should I get the ILR visa in July 2014 then need to apply for my partner?

Please clarify and advise.

Many thanks in advance.

[CSREDDY25]

Probably simplest is just to take and pass the appropriate English Language test.

[CSREDDY25]

Hi Vinny,

I got my ILR (via Tier-1 General 5 year route) last friday.
Now need to apply for extension for my wife and daughter. Their current visa is valid until 4th oct 2013. So not sufficient time for the English Language Test.

If my wife's degree is recognised on the UKBA PBS calculator and if it is giving 10 points for the same, it should suffice the English Language requirement for FLR(M) isn't it? Just PBS calculator worksheet printout and Original degree certificate will do ,isn't it? Could you please kindly advise.

Many Thanks Vinny.

[vinny]

Probably.

[VENKAT.REDDY09]

Hi Vinny,

I got my ILR (via Tier-1 General 5 year route) last friday.
Now need to apply for extension for my wife and daughter. Their current visa is valid until 4th oct 2013. So not sufficient time for the English Language Test.

If my wife's degree is recognised on the UKBA PBS calculator and if it is giving 10 points for the same, it should suffice the English Language requirement for FLR(M) isn't it? Just PBS calculator worksheet printout and Original degree certificate will do ,isn't it? Could you please kindly advise.

Many Thanks Vinny.

Hi CSREDDY25 ,

I also got ILR (via Tier-1 General 5 year route) recently & planning to apply FLR (M) for my wife but I am getting different info form different people as switching to FLR (M) will reset ILR probationary period eventhough pbs dependent came before 9th July 2012(my wife first came on PBS dependent visa before 9th July 2012).

I read immigration rules 2 times but not 100% sure.

I sent a mail to UKBA & FOI regarding this so hopefully will get confirmation soon. Do you have any idea on this?

People are advising to extended PBS dependent visa (safe option) instead of FLR(M) but fee for PBS dependent is very high and my wife just needed another 6 months to get ILR so not willing to spend much money.

Regarding degree certificate I think better option is to drop a line to UKBA . I will do this today as my wife is also holding degree certificate which is recognised by PBS calcualtor & awarded 10 points but no where on the certificate mentioned medium of study is English.