Long Residence (10 years) & Wife to Tier 2 G/FLR(M)

[idontwanto]

Hello all, my first post. Thanks for the great work you do here.

I know the first post in this thread says not to ask about PBS dependents, but my wife's case is tightly linked with my own, so I think it best to post here. If mods feel it more appropriate elsewhere kindly move it, I don't mind as long as I get help, thanks.

30 Sep 2006: I came to the UK on a student visa. Visa was valid from 17 Aug 2006
September 2007 I extended it for 4 years study, valid till Jan 2012
August 2011: My wife joined me as a dependent.
Jan 2012: I extended my study, changed to a Tier 4 student visa, with my wife as dependent.
June 2012: Our son was born
Jan 2013, I got a tier 2 general visa, have extended it, now valid till 14 Sep 2016. My wife and son are my dependents.

I'm considering Settlement (LR) in September. I note that since the 10 years is counted from 30 September, I can apply from 2 September 2016. However I won't have leave for the 16 day gap to 30 September 2016. I know I can do a postal application and section 3 should cover me.

The problem is that my wife is a doctor. She's got a GP training post, and needs to start in August 2016. She can't train on her current T2G dependant visa. She's been given a COS so can apply for a tier 2 general in her own right. Unfortunately it appears she has to leave the country, return home, and apply there - that's about 5 weeks away. Our son is autistic and we're concerned about the impact that will have on his routine and development.

My wife has asked NHS for a late start to her training post, and it looks like they can delay till October 2016. so ideally if I could do a premium application, that would solve things. However we don't know which visa to apply for her. I called UKBA and they said she can train with further leave (FLRM).

I've got advice from 2 solicitors. The first says to do a postal application in early September, and use the delays in post/biometric to get my ILR. This is fine except it jeopardises my wife's post. The second says to overstay 16 days, get a premium appointment for 30 Sept and get my ILR, then an appointment next day (or same day?) for her to get FLRM(?).

(1)why can't T2Gdeps switch to T2G in-country?

(2) I've tried to read up Chap 8 and the transitional arrangements. Why doesn't she qualify for the 2 year route, seeing as she came as PBS dependent before July 2012? Being my wife from 2010, does partner and dependant mean the same thing?

(3) Is the advice to overstay wise? I've seen the CW guidance and I know overstays under 28 days are to be ignored.

(4) Is FLRM the right form for her?

(5) Could we get a premium appointment together?

(6) Any alternative advice?

Thanks

[CR001]

1. Those are the rules and likely to avoid the abuse which is attempted. People often think, in error, that Tier 2 G is the same as Tier 1 G was.

2. Partner and dependent means the same thing. She would only qualify for ILR 2 year route if you apply for ILR based on Tier 2 G. If you apply for ILR based on long residence, she has no option but to switch to FLR(M) if she wishes to remain your dependent. The rules regarding this changed in April 2014 for PBS dependents of PBS migrants doing the long residence ILR route.

3. You do not have to have valid leave if you are applying for ILR LR within 28 days of the date you entered the UK, i.e. if you apply on 3rd Sept for in person same day decision, you should be fine. It is never a good idea to overstay, it can create problems

4. FlR(M) in my opinion would be better as she is then not tied to a company/sponsor.

5. Yes you can have appointments on the same day, but they are two separate appointments as it is two separate categories, yours first, hers a couple of hours after yours. If your ILR is refused, her FLR(M) will also be refused.

[idontwanto]

3. You do not have to have valid leave if you are applying for ILR LR within 28 days of the date you entered the UK, i.e. if you apply on 3rd Sept for in person same day decision, you should be fine. It is never a good idea to overstay, it can create problems

Thanks very much, Char. Very clear answers.

(3) is a great response, but I'm confused because I've seen posts such as this (JustAnswer). I do think the lawyer's response is flawed anyway because a postal application would surely have sufficed, which I think the asker was interested in. Do you have any case justification for your answer?

Many thanks.

[CR001]

There have been many members on the forum who have had success. The rules permit a person to apply up to 28 days before meeting the requirement of 10 years residence and you must have valid leave at the time of submitting.

The suggestion to 'overstay by 16 days' that you quote in your first post is concerning.

[idontwanto]

There have been many members on the forum who have had success. The rules permit a person to apply up to 28 days before meeting the requirement of 10 years residence and you must have valid leave at the time of submitting.

The suggestion to 'overstay by 16 days' that you quote in your first post is concerning.

Thanks, Char.

Well, I was concerned about the overstay advice too, hence my posting here. His defence is from page 18 of the guidance 8 May 2015, v13.0.

Could you provide a link to a success story - especially for a same day application, please? That would really set my wife's heart at ease.

[idontwanto]

Hello all, could anyone report any cases of successful ILR premium service appointments, where total residence was between 9y 11m 2d and 10 years, please? Thank you.

[JAYSON65]

Hello all, could anyone report any cases of successful ILR premium service appointments, where total residence was between 9y 11m 2d and 10 years, please? Thank you.

I applied for ILR in 2013 in June ,6 months before 10 years due period in November 2013. This was granted in November 2013 and same with naturalisation 11 months before the 12 months due date and this was again granted .
Now been a BC since 2014.
Visas can be granted based on discretion . It depends on how well you present your case and with prayers. There are provisions for this by home office.
This is just to encourage anyone in this situation.

Discretion cases are allowed if you are short of meeting the time as stipulated before submitting documents I.e 10 years ILR or 1 year for naturalisation.

[idontwanto]

Discretion cases are allowed if you are short of meeting the time as stipulated before submitting documents I.e 10 years ILR or 1 year for naturalisation.

Thanks for sharing your story! Did you use the normal SET(LR) forms?

[JAYSON65]

Discretion cases are allowed if you are short of meeting the time as stipulated before submitting documents I.e 10 years ILR or 1 year for naturalisation.

Thanks for sharing your story! Did you use the normal SET(LR) forms?

Yes I did then.

[idontwanto]

Just wanna say thanks to everyone. All done. 1.5 hours for me (ILR) at Sheffield on 5 Sept, and a rather long wait for the wife at Solihull due to tech issues on 6 Sept. BRPs received within 4 working days.

Thanks once again.