Tier 2 (General)/dependant to ILR(LR)/FLR(M)

[equivocal]

Dear all,

Thank you in advance for replying. I would appreciate some advice as to whether my ILR application strategy is correct. My current situation is as follows:

1) I first entered the UK on 6 Oct 2006. Currently, I'm on a Tier 2 (General) set to expire on 29 Sep 2016. Am I correct in thinking that I am eligible to apply for ILR Long Residence from around 10 Sep 2016 or so, since this will put me at more than 9 years 11 months residence?

2) My wife is currently my Tier 2 (General) PBS dependant. Since ILR (LR) does not allow dependants, should she apply under "Application to extend stay in the UK as a partner" using form FLR(M), while stating that I am independently applying for ILR(LR)? I'm confused here since the FLR(M) guidance notes that your sponsor should already be settled but I'm not yet settled, only applying for settlement.

3) Assuming that we're doing the right thing described above, my wife herself will hit 10 years of residence in July 2017. At this point, while she is under FLR(M), can she then independently apply for ILR(LR)?

Many thanks!

[Casa]

Dear all,

Thank you in advance for replying. I would appreciate some advice as to whether my ILR application strategy is correct. My current situation is as follows:

1) I first entered the UK on 6 Oct 2006. Currently, I'm on a Tier 2 (General) set to expire on 29 Sep 2016. Am I correct in thinking that I am eligible to apply for ILR Long Residence from around 10 Sep 2016 or so, since this will put me at more than 9 years 11 months residence?

2) My wife is currently my Tier 2 (General) PBS dependant. Since ILR (LR) does not allow dependants, should she apply under "Application to extend stay in the UK as a partner" using form FLR(M), while stating that I am independently applying for ILR(LR)? I'm confused here since the FLR(M) guidance notes that your sponsor should already be settled but I'm not yet settled, only applying for settlement.

3) Assuming that we're doing the right thing described above, my wife herself will hit 10 years of residence in July 2017. At this point, while she is under FLR(M), can she then independently apply for ILR(LR)?

Many thanks!

1. You can apply 28 days before the expiry date of your current visa.
2. Yes, your wife should apply for FLR(M) once you have been granted ILR (LR). If you're applying in person at a PSC you could book an appointment for your wife 2 hours or so after yours. She will have to pay the £500 NHS surcharge in addition to the visa fee.
3. Once your wife qualifies for LR she can apply in her own right by switching from FLR(M).

[equivocal]

2. Yes, your wife should apply for FLR(M) once you have been granted ILR (LR). If you're applying in person at a PSC you could book an appointment for your wife 2 hours or so after yours. She will have to pay the £500 NHS surcharge in addition to the visa fee.

This is what confuses me. Ideally, I would like to apply by post, since it costs less. What I don't know is whether my wife can apply for FLR(M) while my ILR(LR) application is being processed? Or must I use the premium service to get my ILR(LR) approved before my wife can apply for FLR(M)?

[Casa]

Your wife will only qualify for FLR(M) if your ILR application is approved. If you both apply by post and request your wife's application is considered only after your ILR has been granted, there's no guarantee the Case Worker/Workers will do this. The UKVI aren't known for their efficiency.

[equivocal]

Thank you Casa, you've answered my question perfectly. I will either apply at a PSC, or delay my ILR(LR) application and go through a Tier 2 route instead.