HELP ON ILR(M) OR FLR(M)

[NAEEM_CHEEMA]

Dear All,

Its very much confusing whether to apply for ILR (M) OR FLR (M) ? ALTHOUGH UKBA WEBSITE MENTIONED APPLY FOR FLR M .
Situation is -
Came in UK
08-2006 - STUDENT VISA
01-2011- GOT TIER 2 VISA
03-2012- SPOUSE CAME IN UK WITH PBS DEPENDENT VISA
04-2014- BOTH OF US GOT EXTENSION ON TIER 2 APPLICANT AND SPOUSE(TILL 04-2017)
08-2016- I GOT ILR ON LR 10 YEARS BASED

WE HAVE 2 CHILDREN BOTH BORN IN UK AND GOT BRITISH PASSPORTS AFTER MY ILR IN 12-2016.

NOW MY SPOUSE'S VISA IS ENDING SOON ON 19-04-2017 AND I HAVE NO IDEA WHETHER TO APPLY FOR ILR OR FLR BECAUSE SOME SOLICITORS SAY APPLY FOR FLR.

DOCUMENTS ARE QUITE SIMILAR IN BOTH CASES SO ALL OF THEM ARE READY BUT I NEED TO KNOW WHICH ONE SHOULD I APPLY ? ( ENGLISH TEST A2 + B1 + LIFE IN UK + MARRIAGE CERTIFICATE + 7 ID'S FOR BOTH OF US ON SAME ADDRESSEES + ELPLOYERS LETTERS FOR BOTH OF US + SALARY SLIPS + PICTURES SINCE MARRIAGE + FORMS BOTH (FLR M & ILR M )

ANY HELP OR IDEA PLEASE VERY URGENTLY.

[Casa]

SET(M) for your wife. B1 level English + Life in the UK test. For additional documents read through the guidance notes in the following link

https://www.gov.uk/government/publicati ... -form-setm

[NAEEM_CHEEMA]

08-2016- I GOT ILR ON LR 10 YEARS BASED and not on tier 2 based even then is it ok to apply for SET (M) ?

[Casa]

Has you wife completed 5 years as your PBS dependent?

[NAEEM_CHEEMA]

YES FROM 16-03-2012 TO 26-03-2017 on PBS DEPENDENT VISA ONLY NOT SETTLED PERSON SPOUSE VISA AS MENTIONED ON UKBA WEBSITE .THIS IS THE MAIN DOUBT WHICH I HAVE .

Thanks for your prompt reply and i really appreciate if you clear me on this.

[CR001]

Your wife must apply to switch visa category to FLR(M). She will be on a new 5 year route to ILR (2 X 2.5 year visas). She must meet the English requirement and the financial requirement.

She cannot apply for ILR based on PBS dependent because you got ILR based on long residence and not the PBS route.

[Casa]

Your wife must apply to switch visa category to FLR(M). She will be on a new 5 year route to ILR (2 X 2.5 year visas). She must meet the English requirement and the financial requirement.

She cannot apply for ILR based on PBS dependent because you got ILR based on long residence and not the PBS route.

Doesn't the 5 year residence (including one extension) qualify Char?

Edit: It also appears from your post that your wife's visa expired yesterday

[NAEEM_CHEEMA]

no not yet finished will finish on 19-04-2017

[CR001]

Your wife must apply to switch visa category to FLR(M). She will be on a new 5 year route to ILR (2 X 2.5 year visas). She must meet the English requirement and the financial requirement.

She cannot apply for ILR based on PBS dependent because you got ILR based on long residence and not the PBS route.

Doesn't the 5 year residence (including one extension) qualify Char?

No, not if the OP got ILR based on long residence. The dependent only has one option and that is FLR(M) or FLR(FP) partner route if they do not meet the financial requirements.

[NAEEM_CHEEMA]

Ok done then i will go with FLR (M) with all required documents will apply online and send them documents by post.
Thanks to both of you

[CR001]

Do you meet the financial requirements and does your spouse meet the English requirement?

[NAEEM_CHEEMA]

Yes Our wages are ok mine is more than £ 20,000 per anum and her wage is 15k/ year and she also has done A2 and B1 English courses.

[CR001]

Sounds like you are good to go then.

[NAEEM_CHEEMA]

Ok thanks very much indeed, I was just checking that is there any way we can apply for ILR ? As i want to finish these visa headaches .

[CR001]

I was just checking that is there any way we can apply for ILR ?

No, there is not. If you had applied for ILR based on 5 years PBS route, she would have qualified for ILR with you.

Don't forget to pay the immigration health surcharge of £500 for the FLR(M) application.

[NAEEM_CHEEMA]

Dear All,

1 . Kindly update the required documents for Set (M) and FLR (M)
2 . Some kind of covering letters for both Set (M) and FLR (M).
3 . Example of job confirmation letter from employer and for salary slips.
4 . If only spouse is applying for visa Do both need letters from employers for Salary slips and job confirmation ?

Will be very thankful for these things.

[CR001]

1 . Kindly update the required documents for Set (M) and FLR (M)

Why are you asking about Set(M)?? Your dependents DO NOT qualify for Set(M). You should ONLY be focusing on FLR(M). The form and guidance notes very clearly state what is required.

2 . Some kind of covering letters for both Set (M) and FLR (M).

Ignore Set(M), it is NOT relevant to your dependents now. You do not need a covering letter. All information HO require is in the form you complete.

3 . Example of job confirmation letter from employer and for salary slips.

There is no 'example' or 'template'. It is specific to your job and must state your position, salary, when you started etc.

4 . If only spouse is applying for visa Do both need letters from employers for Salary slips and job confirmation ?

No, only the one whose salary you are using to meet the financial requirement. If you want to submit both, it is fine.