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ILR applications for PBS deps - spouse long residence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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sabriz
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Re: ILR applications for PBS deps - spouse long residence

Post by sabriz » Wed Aug 13, 2014 8:36 pm

hi everyone i just got a query regarding my travelling to india with my wife and a son,i got ilr in 2014 feb on long residence, bfor getting ilr i was on tier1 general visa and my wife was dependant on that tier 1 visa ,she is still on tier 1 general dependant visa and my son as well that visa is valid till 2016, so im just worried that immigration people vl stop me or do any objection ,while coming to uk bcoz iam on ilr and my wife and son on tier 1 dependant , my wife came in 2011 she vl be qualified for ilr in 2016 .can some one please advise me on this matter bcoz im going india next month thanx

aurnoc
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Re: ILR applications for PBS deps - spouse long residence

Post by aurnoc » Wed Aug 13, 2014 9:10 pm

sabriz wrote:hi everyone i just got a query regarding my travelling to india with my wife and a son,i got ilr in 2014 feb on long residence, bfor getting ilr i was on tier1 general visa and my wife was dependant on that tier 1 visa ,she is still on tier 1 general dependant visa and my son as well that visa is valid till 2016, so im just worried that immigration people vl stop me or do any objection ,while coming to uk bcoz iam on ilr and my wife and son on tier 1 dependant , my wife came in 2011 she vl be qualified for ilr in 2016 .can some one please advise me on this matter bcoz im going india next month thanx
It seems logical to switch their visa before traveling. Dependent visas should be in line with that of the main applicant. U can call HO to be 100% sure of next step.

rasheedabdul786
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Re: ILR applications for PBS deps - spouse long residence

Post by rasheedabdul786 » Thu Aug 14, 2014 12:40 am

Amber wrote:It would be the Financial Requirement 7A, so far as working legally, incomes can be combined. A1 English also required.
Hi Amber,
I need a help regarding the financial requirement 7A . As you mentioned before the incomes can be combined just wondering whether I am fine or not with Minimum income threshold of £18,600.In my situation my wife is working full-time and i am working part-time bcoz i look after my 3yrs old son.
my wife's gross Annual income is £35,000(started her job in February 2014, still working)
my gross Annual income is £8,000(though i was full-time till feb2014 but gone to part-time as soon as my wife started working in feb but if i calculate my earnings from august 2013 till august 2014 it is coming upto £13,500)

So based upon above earnings I want to know whether we fullfill the financial requirement of £18,600 or not and under which financial category do we fall category A or category B.

Thanks

RASHEED

samu140
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Re: ILR applications for PBS deps - spouse long residence

Post by samu140 » Thu Aug 14, 2014 1:12 am

Dear amber,
Do you have any link or template of the cover letter which can be write to ukba to hold dependant flr (fp) application until the decision of husband's set(lr) decision.
Keep Updating

aurnoc
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Re: ILR applications for PBS deps - spouse long residence

Post by aurnoc » Thu Aug 14, 2014 1:58 am

samu140 wrote:
Dear amber,
Do you have any link or template of the cover letter which can be write to ukba to hold dependant flr (fp) application until the decision of husband's set(lr) decision.
Post your query herehttp://www.immigrationboards.com/indefinite-le ... l#p1073389

Some member can share their cover letter with you.

samu140
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Re: ILR applications for PBS deps - spouse long residence

Post by samu140 » Thu Aug 14, 2014 10:29 am

Thanks
Can you plz send a link or template of cover letter to hold the spouse application untill set(lr) decision. Many thanks
Keep Updating

rasheedabdul786
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Re: ILR applications for PBS deps - spouse long residence

Post by rasheedabdul786 » Thu Aug 14, 2014 1:58 pm

Amber wrote:
It would be the Financial Requirement 7A, so far as working legally, incomes can be combined. A1 English also required.


Hi Amber,
I need a help regarding the financial requirement 7A . As you mentioned before the incomes can be combined just wondering whether I am fine or not with Minimum income threshold of £18,600.In my situation my wife is working full-time and i am working part-time bcoz i look after my 3yrs old son.
my wife's gross Annual income is £35,000(started her job in February 2014, still working)
my gross Annual income is £8,000(though i was full-time till feb2014 but gone to part-time as soon as my wife started working in feb but if i calculate my earnings from august 2013 till august 2014 it is coming upto £13,500)

So based upon above earnings I want to know whether we fullfill the financial requirement of £18,600 or not and under which financial category do we fall category A or category B.

Thanks

RASHEED

aurnoc
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Posts: 99
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Location: Wiltshire, UK

Re: ILR applications for PBS deps - spouse long residence

Post by aurnoc » Thu Aug 14, 2014 2:17 pm

rasheedabdul786 wrote:Amber wrote:
It would be the Financial Requirement 7A, so far as working legally, incomes can be combined. A1 English also required.


Hi Amber,
I need a help regarding the financial requirement 7A . As you mentioned before the incomes can be combined just wondering whether I am fine or not with Minimum income threshold of £18,600.In my situation my wife is working full-time and i am working part-time bcoz i look after my 3yrs old son.
my wife's gross Annual income is £35,000(started her job in February 2014, still working)
my gross Annual income is £8,000(though i was full-time till feb2014 but gone to part-time as soon as my wife started working in feb but if i calculate my earnings from august 2013 till august 2014 it is coming upto £13,500)

So based upon above earnings I want to know whether we fullfill the financial requirement of £18,600 or not and under which financial category do we fall category A or category B.

Thanks

RASHEED
Category A, its for employees.

Combined income seems more than sufficient. You will have to provide last 6 months payslips and corresponding bank statements.

hardip03
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Re: ILR applications for PBS deps - spouse long residence

Post by hardip03 » Thu Aug 14, 2014 3:11 pm

hello mustansir
i checked with the home office, they said that even if one get ILR, Their dependent don't have to get their visa status changed within 28 days. they can change when their own visa is about to get expired irrespective of their spouse ILR status

rasheedabdul786
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Re: ILR applications for PBS deps - spouse long residence

Post by rasheedabdul786 » Thu Aug 14, 2014 3:39 pm

aurnoc wrote:
rasheedabdul786 wrote:Amber wrote:
It would be the Financial Requirement 7A, so far as working legally, incomes can be combined. A1 English also required.


Hi Amber,
I need a help regarding the financial requirement 7A . As you mentioned before the incomes can be combined just wondering whether I am fine or not with Minimum income threshold of £18,600.In my situation my wife is working full-time and i am working part-time bcoz i look after my 3yrs old son.
my wife's gross Annual income is £35,000(started her job in February 2014, still working)
my gross Annual income is £8,000(though i was full-time till feb2014 but gone to part-time as soon as my wife started working in feb but if i calculate my earnings from august 2013 till august 2014 it is coming upto £13,500)

So based upon above earnings I want to know whether we fullfill the financial requirement of £18,600 or not and under which financial category do we fall category A or category B.

Thanks

RASHEED
Category A, its for employees.

Combined income seems more than sufficient. You will have to provide last 6 months payslips and corresponding bank statements.
Thanks Aurnoc for your response..

sabriz
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Re: ILR applications for PBS deps - spouse long residence

Post by sabriz » Thu Aug 14, 2014 8:50 pm

iam stressed now bcoz iam travelling next month i purchased ticket ,i dont know what to do now

tuliprose
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Re: ILR applications for PBS deps - spouse long residence

Post by tuliprose » Fri Aug 15, 2014 10:23 pm

sabriz wrote:iam stressed now bcoz iam travelling next month i purchased ticket ,i dont know what to do now

Your dependants will need to switch to FLR(M) before you travel abroad. You can get this at one of the PEO service if its urgent.

Their current leave will not be valid on your way back to UK.

I hope this will help.

Regards,
Note: I do not work as an Immigration Consultant, but my advice comes from experiences and my opinions are my own.

sabriz
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Re: ILR applications for PBS deps - spouse long residence

Post by sabriz » Sun Aug 17, 2014 5:25 pm

what is peo service and where can i find this

aurnoc
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Re: ILR applications for PBS deps - spouse long residence

Post by aurnoc » Sun Aug 17, 2014 5:44 pm

sabriz wrote:what is peo service and where can i find this
Public Enquiry Office.. U can get same day decision on your application. And you will get your documents back as well. BRP delivery takes upto a week for applications approved at PEO.

https://www.gov.uk/ukvi-premium-service ... s/overview

If you apply for PEO, you will pay form fees plus 400 pounds extra for the same day service. On your form, you MUST fill the payment page with the same card details which you used to book PEO appointment.

sabriz
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Re: ILR applications for PBS deps - spouse long residence

Post by sabriz » Tue Aug 19, 2014 12:17 pm

thanx anuroc

sabriz
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Re: ILR applications for PBS deps - spouse long residence

Post by sabriz » Tue Aug 19, 2014 12:26 pm

i got ilr in this year on long residence basis bfor i was on tier1 general and my wife came on that dependant visa ,she is still on dependant visa of tier 1 genegral visa and its valid till 2016 she is in this country from 2011 sep ,is she can stay on same visa as she already completed 3years and remainnig 2 years left for ilr. or she has to apply flr(m) if she apply for that so its going to be 5years from now,can u plz help me out what to do

aurnoc
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Re: ILR applications for PBS deps - spouse long residence

Post by aurnoc » Tue Aug 19, 2014 12:43 pm

aurnoc wrote:
mustansir wrote:Hi All
i wonder if someone can answer these questions

what changes has taken place for dependents, do they have to be in UK with main applicant (10 year route) for more the 5 year or can They apply without any time constraint and is it compulsory to change the status of dependent within 28 days of receiving 10 year long residence ilr even if they have a valid leave to remain left
if someone can answer these queries i would be grateful

Thank You
Main applicant is granted ILR on 10 year basis, then under new rules their dependent has to complete 5 years on FLR M and then apply for settlement. Previous stay in UK will not count and settlement clock is reset for further 5years from the date FLR M is approved.

The 28 days is not mentioned however all discussions on this forum conclude its best to switch as early as possible.



Members of this forum who have been affected by this new rule are discussing ways of challenging it. Please join us on our page:

https://m.facebook.com/groups/716996288 ... up_comment
@sabriz: The above applies in your case. Also, your wife cannot travel on PBS dependent visa. She must switch before travelling. You can call HO and ask them to be really sure of what to do.

wasim3421
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Re: ILR applications for PBS deps - spouse long residence

Post by wasim3421 » Wed Aug 20, 2014 2:26 pm

Hi.
i am looking for some information about my wife's visa. she came to uk in 2011 as my Tyre 4 student dependent. i got indefinite stay few months back but during this process my wife's visa was running out, so following ukba guideline i send her back home 2 months before her visa expired (Aug 2013). now i got settlement visa (indefinite through ILR(lr) ) but my wife is back home with no visa. can you please advice me what she need to apply as and which form to fill in.
thanks

rasheedabdul786
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Re: ILR applications for PBS deps - spouse long residence

Post by rasheedabdul786 » Wed Aug 20, 2014 3:32 pm

rasheedabdul786 wrote:
aurnoc wrote:
rasheedabdul786 wrote:Amber wrote:
It would be the Financial Requirement 7A, so far as working legally, incomes can be combined. A1 English also required.


Hi Amber,
I need a help regarding the financial requirement 7A . As you mentioned before the incomes can be combined just wondering whether I am fine or not with Minimum income threshold of £18,600.In my situation my wife is working full-time and i am working part-time bcoz i look after my 3yrs old son.
my wife's gross Annual income is £35,000(started her job in February 2014, still working)
my gross Annual income is £8,000(though i was full-time till feb2014 but gone to part-time as soon as my wife started working in feb but if i calculate my earnings from august 2013 till august 2014 it is coming upto £13,500)

So based upon above earnings I want to know whether we fullfill the financial requirement of £18,600 or not and under which financial category do we fall category A or category B



RASHEED
Category A, its for employees.

Combined income seems more than sufficient. You will have to provide last 6 months payslips and corresponding bank statements.
Thanks Aurnoc for your response..


Hi guys,
Need some help filling the flr m application for my wife who is having appointment on 2nd sep.My wife came to uk on 10th june 2010 as my tier 1 general dependent and i got ILR under 10yrs long residence..I have following doubts on the questions below

1).2.2 Is this the first time you have applied for a visa or extension of stay in one of the above categories (including previous leave granted as a fiancé(e) or proposed civil partner) with your current sponsor?
yes/no

2).2.3 Please indicate what stage of extension of leave you are applying for or why you are choosing to extend your current leave in one of the above categories.

First period of leave to remain (following an initial period of entry clearance as a partner of a settled person, or following an initial period of entry clearance as a fiancé(e) or proposed civil partner of a settled person - 6 months)

Second period of leave to remain (following initial grant of leave to remain).

You are making a first application from within the UK but have not previously had leave to enter/remain as a partner.

3).section 4 about dependent children as i have applied for son's mn1 so do i need 2 fill this section or not?

4).though my wife came before 9th july 2012 still i m showing income threshold of £18,600 through my wife's income and my income so i filled the section 7a so do i need to fill section 7b maintenance funds as well?

5).I am submitting the following documents for cohabitation
Marraige certificate,son's u.k birth certificate,current tenancy agreemen(covers 6mth),previous house tenancy agreement(covers 2yrs),electrol registration from previous house, joint bank account(covers only 2months),MN1 acknowledegement letter from home office with both parent's name mentioned,my driving license, my wife's NI letter,previous home office letters from previous house when we applied for teir 1 extension,my two bank statements,my wife's bank statements,my p 60,my wife's p 60. Will these documents be enough ?

I would really appreciate if any experts on this forum can clear me the above doubts....

Thanks in advance
Regards,
rasheed

aurnoc
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Re: ILR applications for PBS deps - spouse long residence

Post by aurnoc » Wed Aug 20, 2014 8:20 pm

Congratulations on your ILR. I'm answering your queries according to my understanding as I also went for PEO on 28th for my FLR M.

1 - 2.1 and 2.2 are connected. According to your post, currently she has leave to remain as a PBS dependent . Your wife will be using form FLR M for applying for an extension of stay as a spouse of present and settled person.

Now reread the question and you will understand that YES this is the FIRST time she is applying in this category.

2 - 2.3 is a continuation question. She is making the FIRST application in this category from within the UK.

3 - Can't help you. No kids so no idea :)

4 - You only need to fill the section that applies to your current situation. Please keep in mind that HO uses two terms. One is 'PBS dependent ' and other is 'spouse/partner of a settled person. While reading form and guidance notes just remember this difference.
You will need to submit payslips/bank statements etc as evidence for financial requirement or maintenance.

5 - That's a good list of documents to submit.

Wish you best of luck for 2nd Sept.

rasheedabdul786
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Re: ILR applications for PBS deps - spouse long residence

Post by rasheedabdul786 » Thu Aug 21, 2014 3:53 pm

aurnoc wrote:Congratulations on your ILR. I'm answering your queries according to my understanding as I also went for PEO on 28th for my FLR M.

1 - 2.1 and 2.2 are connected. According to your post, currently she has leave to remain as a PBS dependent . Your wife will be using form FLR M for applying for an extension of stay as a spouse of present and settled person.

Now reread the question and you will understand that YES this is the FIRST time she is applying in this category.

2 - 2.3 is a continuation question. She is making the FIRST application in this category from within the UK.

3 - Can't help you. No kids so no idea :)

4 - You only need to fill the section that applies to your current situation. Please keep in mind that HO uses two terms. One is 'PBS dependent ' and other is 'spouse/partner of a settled person. While reading form and guidance notes just remember this difference.
You will need to submit payslips/bank statements etc as evidence for financial requirement or maintenance.

5 - That's a good list of documents to submit.

Wish you best of luck for 2nd Sept.

THANKS Aurnoc for your answers really appreciate for ur response. Still i m confused about the question 2.3 and about the section 4 about dependent children..

aurnoc
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Re: ILR applications for PBS deps - spouse long residence

Post by aurnoc » Thu Aug 21, 2014 7:57 pm

Let me try and rephrase :

Previous Category : PBS Dependent

New Category : Spouse of a person settled in the UK

2.1 Tick the box in which category you are applying? Spouse of person settled in UK

2.2 Is this 1st time you are applying in this category which you ticked above? Yes this is the first time applying as spouse of a settled person.

2.3 Please indicate what extension you are applying for? You are making first application from within UK but have not previously had leave to remain as a spouse or partner.

Why? Because previously she had leave to remain as a PBS dependent which was a different category

Tazz
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Re: ILR applications for PBS deps - spouse long residence

Post by Tazz » Sat Aug 30, 2014 11:28 am

Hi Amber
I have a question regarding my wife settlement, I just applied my ILR in August 2014 on 10 year basis, as I am currently hold tier 1 entrepreneur visa which is going to expire in August 2016.

My wife came to uk in June 2006, and she is also have the tier 1 dependant visa till aug 2016

My question is when I got my ILR do I have to submit flr(m) and need to show £18600 income or can I go for set(m)?

Or can she stay on the same tier 1 entrepreneur visa until she got her 10 yrs in June 2016 and than apply for her ILR on 10 yrs basis? Rather than go for flr(m) and get another 5 yrs to get settled

Your answer will be much appreciated.

Regards
Taz

aurnoc
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Re: ILR applications for PBS deps - spouse long residence

Post by aurnoc » Sat Aug 30, 2014 12:03 pm

Tazz wrote:Hi Amber
I have a question regarding my wife settlement, I just applied my ILR in August 2014 on 10 year basis, as I am currently hold tier 1 entrepreneur visa which is going to expire in August 2016.

My wife came to uk in June 2006, and she is also have the tier 1 dependant visa till aug 2016

My question is when I got my ILR do I have to submit flr(m) and need to show £18600 income or can I go for set(m)?

Or can she stay on the same tier 1 entrepreneur visa until she got her 10 yrs in June 2016 and than apply for her ILR on 10 yrs basis? Rather than go for flr(m) and get another 5 yrs to get settled

Your answer will be much appreciated.

Regards
Taz

Hi Tazz,

You can call HO to get the best answer whether she needs to switch or not n how soon must she switch etc.

She cannot travel until she switches, do keep that in mind.

When applying FLR M, you must fulfill all requirements which include the financial requirement.

Even if she switches to FLR M, she can still apply for settlement using the SET LR form once her 10years are complete in 2016.


Tazz
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Re: ILR applications for PBS deps - spouse long residence

Post by Tazz » Sat Aug 30, 2014 4:03 pm

aurnoc wrote:
Tazz wrote:Hi Amber
I have a question regarding my wife settlement, I just applied my ILR in August 2014 on 10 year basis, as I am currently hold tier 1 entrepreneur visa which is going to expire in August 2016.

My wife came to uk in June 2006, and she is also have the tier 1 dependant visa till aug 2016

My question is when I got my ILR do I have to submit flr(m) and need to show £18600 income or can I go for set(m)?

Or can she stay on the same tier 1 entrepreneur visa until she got her 10 yrs in June 2016 and than apply for her ILR on 10 yrs basis? Rather than go for flr(m) and get another 5 yrs to get settled

Your answer will be much appreciated.

Regards
Taz

Hi Tazz,

You can call HO to get the best answer whether she needs to switch or not n how soon must she switch etc.

She cannot travel until she switches, do keep that in mind.

When applying FLR M, you must fulfill all requirements which include the financial requirement.

Even if she switches to FLR M, she can still apply for settlement using the SET LR form once her 10years are complete in 2016.

Hi Aurnoc

Thanks for your reply and the solution of my query, this is the same scenario I was thinking, I'll call HO and get the answer from them let see what they said to me, looks like it will be the same answer.

Thanks again for the reply
Regards
Tazz

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