ILR(LR) and FLR(M)

[Aunmon]

Hi,
I have been going through various posts since joining the forum to understand what my next steps need to be, but have been slightly overwhelmed (in a positive way) and confused by the information here (changes in the law and probably different posts are in different points in time), hence the following post. Some of my questions have been answered here already, but posting again to confirm my understanding.

Current situation:
My spouse is planning to apply for ILR (LR), 10 year route, sometime in the next 4-5 weeks (Spouse’s visa history since 2006 – Student visa, PSW visa and currently on Tier2 General). I came to UK in September, 2011 on a dependant visa and have been on various dependant visas over the past 5 years with the last one being PBS Dependant from June 2014. (All documentary evidence is in place and our situation is quite straightforward- i.e. no long breaks out of UK, no cohabitation breaks, both on full time employment etc.)

Questions:
1) Given my spouse is applying for ILR (LR), what is the visa I should be applying for? - FLR(M)? SET(O)? Any other visa that I can apply for? Or do I need to change my visa status (PBS dependant) at all?

2) Is SET(O) applicable in my case as a current PBS dependant for the past 2 years, but spouse is applying for ILR(LR)? (understanding is that it is not, but thought of clarifying it)

3) While applying for spouse’s ILR, can I also apply on the same day (separate PEO/PSC appointment)? Any advantage/disadvantage of applying at the same time?

4) If we have to apply separately, is this the sequence to be followed? – 1) My spouse goes first 2) I go after spouse’s application is approved (in 2-3 weeks). What is my visa status during that period and are there any legal requirements for me to inform my employer during this process?

5) What is the maximum time I can give between my spouse's application and my application? Can my spouse apply and then I apply after 6-10 weeks after spouse receives ILR? (We have an unavoidable travel scheduled, hence thinking of making the second application once we both are back in the UK after our travel. i.e. Spouse applies before travelling outside of UK, I apply after we are back)

6) If I apply for FLR (M), get it for 2.5 years and then my spouse goes for citizenship in 12-15 months, do I need to change my FLR status then? Would there be another application (and more hassles and more money for application) required?

Any clarity experts on this forum can provide would be greatly appreciated.

Thanks in advance.
regards
am

[CR001]

1) Given my spouse is applying for ILR (LR), what is the visa I should be applying for? - FLR(M)? SET(O)? Any other visa that I can apply for? Or do I need to change my visa status (PBS dependant) at all?

You only have the option of applying for FLR (M) which will reset you clock to zero and a new 5 year period towards ILR.

2) Is SET(O) applicable in my case as a current PBS dependant for the past 2 years, but spouse is applying for ILR(LR)? (understanding is that it is not, but thought of clarifying it)

No, you cannot apply for ILR on Set (O).

3) While applying for spouse’s ILR, can I also apply on the same day (separate PEO/PSC appointment)? Any advantage/disadvantage of applying at the same time?

Yes you can apply separately for FLR (M). If your spossession ILR application fails, your FLR (M) will also fail.

4) If we have to apply separately, is this the sequence to be followed? – 1) My spouse goes first 2) I go after spouse’s application is approved (in 2-3 weeks). What is my visa status during that period and are there any legal requirements for me to inform my employer during this process?

Your current visa is fine as long as it is not expired.

5) What is the maximum time I can give between my spouse's application and my application? Can my spouse apply and then I apply after 6-10 weeks after spouse receives ILR? (We have an unavoidable travel scheduled, hence thinking of making the second application once we both are back in the UK after our travel. i.e. Spouse applies before travelling outside of UK, I apply after we are back)

You should switch to FLR (M) before travelling. It is risky to travel on your current visa if your partner gets ILR based on LR.

6) If I apply for FLR (M), get it for 2.5 years and then my spouse goes for citizenship in 12-15 months, do I need to change my FLR status then? Would there be another application (and more hassles and more money for application) required?

No. Flr (M) is the same visa for a spouse of ILR holder and a British citizen.

Don't forget that you also have to pay the £500 immigration health surcharge for both Flr (M) applications plus the visa fees.

See link below.

http://www.immigrationboards.com/immigr ... 43881.html

[harshitguptaiitr]

You should switch to FLR (M) before travelling. It is risky to travel on your current visa if your partner gets ILR based on LR.

Please can you elaborate as to why is it risky to travel on PBS Dependent Visa, once spouse gets ILR based on Long Residence?

[Aunmon]

Thanks CR001 for your detailed response, really appreciate it. Both of us will aim for getting the ILR (LR) and FLR(M) done in time for us to travel. I have one further question to ask.

Question:
I just realised yesterday that I have been on a PBS dependant visa since Feb 2013. I am assuming this might enable me to apply for ILR in Feb 2018 (using 5 year route) if my spouse decides not to apply for ILR (LR) now and we both apply together in Feb 2018. Is that a viable option (given rules changes in 2014)?
I understand this is a very risky option as rules could change in the next 18 months that could leave us with no or potentially longer route to an ILR. Any thoughts on this?

[CR001]

I just realised yesterday that I have been on a PBS dependant visa since Feb 2013. I am assuming this might enable me to apply for ILR in Feb 2018 (using 5 year route) if my spouse decides not to apply for ILR (LR) now and we both apply together in Feb 2018. Is that a viable option (given rules changes in 2014)?

YES, if your spouse applies for ILR based on the PBS migrant route you will qualify to apply for ILR too.

I understand this is a very risky option as rules could change in the next 18 months that could leave us with no or potentially longer route to an ILR. Any thoughts on this?

Why do you think it is risky? What changes do you think might occur? There are currently now changes planned.

[Casa]

I just realised yesterday that I have been on a PBS dependant visa since Feb 2013. I am assuming this might enable me to apply for ILR in Feb 2018 (using 5 year route) if my spouse decides not to apply for ILR (LR) now and we both apply together in Feb 2018. Is that a viable option (given rules changes in 2014)?

YES, if your spouse applies for ILR based on the PBS migrant route you will qualify to apply for ILR too.

I understand this is a very risky option as rules could change in the next 18 months that could leave us with no or potentially longer route to an ILR. Any thoughts on this?

Why do you think it is risky? What changes do you think might occur? There are currently now changes planned.

I believe CR001 intended to write "There are currently no changes planned."

[Aunmon]

Thank you for your inputs CR001 and Casa

[Aunmon]

A follow up question to the above.
Background info (quick summary of the above):

• Spouse applying for ILR (LR) in October'16
  I am applying for FLR(M), 2 weeks after that
  I first came to the UK in Aug 2011 on a dependent visa of my spouse and have been on various forms of dependent visas till now.

1) Do I apply for the FLR(M) on 5 year route or do I apply on FLR(M) on 2 year route?
2) I am assuming that I need to apply on the 2 year route as my first dependent visa was before June2012 (when the rules changed) - Is this correct?
3) Whatever be the case I need to pay the Immigration Health Surcharge of 500£ for the 2.5 year period that I am applying the FLR(M) for. Is that correct?

I have few more questions on the IHS payment. The options I am given when I provide my details ar a bit confusing. But will post that subsequently.

[CR001]

1) Do I apply for the FLR(M) on 5 year route or do I apply on FLR(M) on 2 year route?

5 year route. There is no 2 year route in your circumstances.

2) I am assuming that I need to apply on the 2 year route as my first dependent visa was before June2012 (when the rules changed) - Is this correct?

No, 5 year route. The rules changed in April 2014.

3) Whatever be the case I need to pay the Immigration Health Surcharge of 500£ for the 2.5 year period that I am applying the FLR(M) for. Is that correct?

Yes

[Aunmon]

Thanks CR001

[Aunmon]

Really appreciate if anyone can help me out with some of the options I need to choose on the Immigration surcharge portal?

Once I provide my applicant info (FLR M applicant), it asks me to enter the details of my spouse.
Question 1 - For the question "What is the visa expiry date of the person you are joining or remaining with"

A) Given that my spouse is only going for the ILR(LR) application in 2 weeks time, what date do I give here? Any date beyond 10 years from today isn't accepted by the website.
B) Does this mean I have to wait for the ILR(LR) of my spouse to be approved for me to even start the process of paying the surcharge and then taking a PEO appointment?

If I just give a 'reasonable' date I get to next page, where I have provide the details of my spouse. One of the questions in there is the 'visa route' of the 'person you are joining or remaining with'. The only options given there are - FLR, FLR(0),PBS Dependants (1,2,5), Tiers 1,2,3,4,5, Tier 2 PBS and Discretionary Leave.
None of these if I am correct correspond to my spouse's visa route (ILR(LR))?
What do I choose?