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Is switching to FLR (M) necessary?

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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mancept23
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Joined: Thu Jun 01, 2017 3:06 pm

Is switching to FLR (M) necessary?

Post by mancept23 » Thu Jun 01, 2017 3:20 pm

Hi Dear
I am currently on a tier-2 visa and would soon be eligible to apply for an ILR based on long residence (have been living in the UK lawfully since 2006). My dependents (wife and kids), however, would not be eligible for ILR based on long residence till 2018 (They have been living in the UK lawfully since 2008). My question is if I apply for the ILR now, do my dependents need to switch their visa to FLM (M). I am asking because they would be eligible to get their ILR based on long residence before the expiry of their current leave as dependent of a tier 2 migrant. So can they continue on their existing visas till they apply for their own ILR.
Many thanks for your help

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Casa
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Re: Is switching to FLR (M) necessary?

Post by Casa » Thu Jun 01, 2017 6:48 pm

If you are granted ILR under long residence your family will have to switch to FLR(M). This will re-set their immigration clock to zero, putting them on a new 5 year route to settlement.

They will also have to pay the NHS surcharge of £500 each in addition to the visa fee.

However, they can apply for ILR once they have reached 10 years of residence, by combining categories.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

mancept23
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Posts: 2
Joined: Thu Jun 01, 2017 3:06 pm

Re: Is switching to FLR (M) necessary?

Post by mancept23 » Fri Jun 02, 2017 11:47 am

Many thanks for your reply. I understand that they are eligible for FLR (M). But just wanted to know if they can continue on their existing tier-2 dependent leave till September 2018 when they would be eligible to apply for ILR on the basis of long residence.

vinny
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Re: Is switching to FLR (M) necessary?

Post by vinny » Fri Jun 02, 2017 12:13 pm

Perhaps possible.
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