ILR eligibility for dependent

tier210 · Post by **tier210** » Mon Oct 28, 2013 2:39 pm

Hello
I have made my application for ILR (LR) and awaiting its response; but in the meantime concerned about my spouse's visa.
My current status is Tier 2 (G) employer sponsored visa since Nov 2009 that got extended for 3 years in Nov 2012 up to Nov 2015.
My spouse's current visa status is dependent of Tier 2(G) and has same time limits on visa i.e. visa expires Nov. 2015. Spouse's entry clearance issue date was Dec'09 and spouse entered UK in Jan 2010.
If I am lucky with ILR, which visa should I apply for my spouse after receiving my ILR?
Should it be ILR (Assuming the entry clearance was issued in 2009 - spouse to stay in UK for 2 years) or should it be ILR dependent to complete 5 years as per new rules from 2012.
After getting my ILR, is it necessary to change the dependent's status from Tier 2 dependent to ILR dependent if I intend to travel even though dependent visa would be valid till Nov'15?
Comments and feedback will be highly appreciated.
Regards

Post by **Amber** » Mon Oct 28, 2013 2:48 pm

Is your spouse in the UK, if so, why didn't you apply for ILR together, assuming you're a PBS applicant?

Post by **vinny** » Mon Oct 28, 2013 7:48 pm

tier210 wrote:I have made my application for ILR (LR) and awaiting its response; but in the meantime concerned about my spouse's visa.

See also Dependant of ILR (long residence) applicant on PBS leave and my wife is my dependant on me. I have applied for my 10 yrs.

Post by **Amber** » Mon Oct 28, 2013 9:54 pm

I'm a bit confused as you stated before:

tier210 wrote:I arrived in uk on 29/07/07 on work permit.

And now it's Long Residence?

Are you the same person?

Post by **vinny** » Mon Oct 28, 2013 10:29 pm

Indeed, to avoid confusion,

sushdmehta wrote:Please continue in the existing topic.

Post by **Amber** » Tue Oct 29, 2013 1:14 pm

I've unlocked this as the OP has confirmed the other thread was about someone else:

tier210 PM wrote:Thanks for your support and apologise for instigating the confusion.

The questions regarding the work permit was associated to my cousin's application for ILR that was formulated using my ID.

My personal case is associated with ILR (LR) for which the application is now pursuing.
Can you please advise for my spouse application now.

In the future Tier 210, please refrain from posting you are the applicant if you are not!

Post by **Amber** » Tue Oct 29, 2013 1:14 pm

vinny wrote:
tier210 wrote:I have made my application for ILR (LR) and awaiting its response; but in the meantime concerned about my spouse's visa.
See also Dependant of ILR (long residence) applicant on PBS leave and my wife is my dependant on me. I have applied for my 10 yrs.

tier210 · Post by **tier210** » Wed Oct 30, 2013 5:31 pm

Hello
The first link is not working and the second link has not answered my query.
I was student between 2003-2007, then PSW 2007-2009 and currently Tier 2.
My spouse came in 2010 when I was on Tier 2 (G).

Post by **Amber** » Wed Oct 30, 2013 5:36 pm

Both the links are working and indeed answer your questions.

If your wife was a pbs dep since before July 2012 then she will have transitional protection. She needs to apply for flr(m) asking for a decision to be made subsequent to your set(lr) application. Or if she has valid leave when your ILR is granted apply for FLR(M) at a PEO? There is an A1 English requirement for FLR(M). Upon being granted flr(m) she should be able to settle on set(m) straight away. So far as the rules are not changed, B1 English and LIUK for settlement.

tier210 · Post by **tier210** » Fri Nov 01, 2013 7:38 am

Thanks for the response.

Does the FLR(M) application has to be made after ILR is granted to me or before the decision on my application is made?
How can I made FLR(M) application, until and unless I knew whether I will get visa or not?

I have heard that as soon as ILR is granted my previous leave would expire, making my wife's visa expire too and she would then be considered as over stayer... is that true. Her current Tier 2 Dependent visa expires Nov'2015.

Also I thought I can apply for SET(M) straight after my ILR for her... don't get to understand why I need FLR(M) while she already has leave to remain.

Post by **Amber** » Fri Nov 01, 2013 8:28 am

She can apply for FLR(M) before her leave expires, if your decision has not been made then send in FLR(M) and ask for a decision to be made once your ILR has been decided. You cannot apply for SET(M) without FLR(M).

tier210 · Post by **tier210** » Sun Nov 03, 2013 10:53 am

D4109125 wrote:Transitional protection so 2 years required apply on SET(O) in Jan 2014.

Why will I need my spouse to apply for FLR O while this guy is managing through SET O?
Looks like my condition is similar to this guys, except he is coming from Tier 1 and I am on Tier 2 and Long Residence.

Post by **Amber** » Sun Nov 03, 2013 11:03 am

Your spouse will need to apply on FLR(M) not FLR(O) and your case is totally different, you're a long residence applicant, he is not.

tier210 · Post by **tier210** » Sun Nov 03, 2013 3:02 pm

Appreciate your response, Thanks.

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ILR eligibility for dependent

ILR eligibility for dependent

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