Long term residency (10 years) ILR - forms/Eligibility

[MrsKhan1133]

Hi Friends,

Could you kindly help me with my visa situation and guide me what visa forms should I apply?

1) Want to apply for Long term residency (10 years, completing in August 2017). Currently, on tier 01 entrepreneur visa. Correct visa form would be Set(LR)? LiUK and English requirement are completed
2) My spouse joined me as PBS student dependent in March 2011 and then became PSW dependent in 2013 and then again became PBS Tier1 E dependent. Is eligible for 2 year route as my spouse joined me before 2012 and remained as PBS dependent. If not, which visa my spouse should apply for, FLR(M), same form for 2 or 5 year route? LiUK, English, financial requirements are completed.
3) My son born in Pakistan and he joined me as Tier 1 E dependent in July 2015. Can I apply for his direct nationalization set(MN1) after my ILR or I need to apply for his visa extension as well? In case of visa extension which form do I need to apply? Financial requirement is completed.

Keenly, waiting for your kind replies.


Best regards,

MRS Khan

[CR001]

1) Want to apply for Long term residency (10 years, completing in August 2017). Currently, on tier 01 entrepreneur visa. Correct visa form would be Set(LR)? LiUK and English requirement are completed

Yes, form Set(LR). In addition to LIUK and English, you must submit all your passports for the full 10 years, including the one you entered the UK on.

2) My spouse joined me as PBS student dependent in March 2011 and then became PSW dependent in 2013 and then again became PBS Tier1 E dependent. Is eligible for 2 year route as my spouse joined me before 2012 and remained as PBS dependent. If not, which visa my spouse should apply for, FLR(M), same form for 2 or 5 year route? LiUK, English, financial requirements are completed.

No, not based on 2 years PBS dependent if you apply for ILR based on long residence. Your spouse only has the option of FLR(M) 5 year route - 2 x 2.5 year visas (or 10 years ILR if spouse reaches that point first and meets all the requirements to apply in 2021).

3) My son born in Pakistan and he joined me as Tier 1 E dependent in July 2015. Can I apply for his direct nationalization set(MN1) after my ILR or I need to apply for his visa extension as well? In case of visa extension which form do I need to apply? Financial requirement is completed.

No he cannot as he was born abroad and therefore requires ILR first. Your son will have to apply FLR(M) with your spouse and follow the same route of 5 years. Financial requirement for spouse plus son is £22,400pa.

[MrsKhan1133]

Many thanks CR001 for your kind reply. This means i have to also pay for NHS fee for applicants applying for FLR(m) 500£ each? Also, if i get my citizenship in 2018, my son will be eligible for citizenship by then after 1 year of his flr(m) visa?

[CR001]

This means i have to also pay for NHS fee for applicants applying for FLR(m) 500£ each?

Correct and this is in addition to the visa fee.

Also, if i get my citizenship in 2018, my son will be eligible for citizenship by then after 1 year of his flr(m) visa?

No you cannot. A child born overseas is required to hold ILR first. The child will follow the same route as the other parent.

[MrsKhan1133]

Thank you v much CR001. Regarding 22,400£ income requirment this can be combined income of mine and my spouse? Like in my case, since i have my own company and both me n my spouse drawing salary of 11k each per annum plus 4k dividend last year, should fullfill the requirment?

[MrsKhan1133]

Sorry for too many question but I want to be absolutely clear before I apply for window service for myself and my spouse visa.

My current visa is T1 E which I applied on Feb 2014 (as was switching from T1 PSW to T1 E and my T1 PSW expiry was end of March 2014). My T1 E got rejected and appealed in time. On court hearing day, HO withdrew the case as they admitted I should have been granted T1 E visa in first place as it was very straight forward case. However, When I received T1 E visa the starting date was Oct 2014. This means that from April till Oct 2014 would be the extension of my previous visa i.e. T1 PSW? Now based on this history, since I have applied before April 2014, however it was HO mistake and they delayed it until Oct 2014. My spouse was also got rejected on same ground as we applied same time and we both have exact issue and expiry date. Now I want to go for ILR 10 year residence which I want to apply before my current T1 E expiry date.

Based on this, can I apply my spouse visa on FLR(M) 2 years route? If yes then procedure would be FLR(M) then Set(M) on same day with 2 different visa fee for each form (as my spouse already spent 3 years on current visa). If no, then obviously I don’t have any choice but to go with 2x2.5 FLR(M) route . Please advise?

[CR001]

Based on this, can I apply my spouse visa on FLR(M) 2 years route?

There is no 2 year route anymore. This would likely only be applicable if you applied for ILR based on Tier 1 E. Your spouse will require 5 years on FLR(M) before qualifying for ILR if you apply for ILR based on long residence.

If yes then procedure would be FLR(M) then Set(M) on same day with 2 different visa fee for each form (as my spouse already spent 3 years on current visa).

No. The rules changed in April 2014 for spouse of PBS migrants applying for ILR based on long residence. See link below.

immigration-for-family-members/dependan ... 43881.html

If no, then obviously I don’t have any choice but to go with 2x2.5 FLR(M) route

.
This is the only option your spouse has.

[MrsKhan1133]

Thank you! CR001 for all your help. Finally, for my 02 years old son (he born abroad), Which form I need to submit FLR(M) Separately or include his details on same form of my suppose. Also, Fee for both of my dependents is (993 processing fee+500 NHS surcharge) each, based on below table?

https://www.gov.uk/government/uploads/s ... l_2017.pdf

Also, I can apply on window service for my ILR application along with my dependents FLR(M) on same appointment?

[CR001]

Finally, for my 02 years old son (he born abroad), Which form I need to submit FLR(M) Separately or include his details on same form of my suppose.

Include the child on your spouse FLR(M) form.

Also, Fee for both of my dependents is (993 processing fee+500 NHS surcharge) each, based on below table?

Yes, if you apply by post. If you apply in person, you have to add £590 each to the fees.

Also, I can apply on window service for my ILR application along with my dependents FLR(M) on same appointment?

Yes, both can apply in person BUT your spouse and child need a separate appointment a couple of hours AFTER your appointment. You cannot make one appointment for all three of you as it is different visa categories. If your ILR fails, their FLR(M) will also fail.

[MrsKhan1133]

Thank you very much indeed CR001 for all your help. I will update this post with outcome of my visa .