Application via POST FLR(M)

[LUS123vk]

Hi,

Appreciate if someone can advise on the below please:

I had tier 1 (hsmp/points based) visa and from a 5 year route now have a British passport (Since Oct 2017), My wife came in April 2013 on tier 2 ICT and transferred as dependent on my visa in Feb 2014, She has her renewal due by March 31st this year and as her 5 year tenure (combining a year on ICT Tier 2 and remaining on PBS dependent) is just under a month short, we need to know if there is a way we can directly apply for ILR in march or we have to get one dependent visa renewal in march and then apply again in April end once her 5 years stay in the country completes?

Does the ICT Tier 2 count towards the 5 year the ILR dependent period ?

Thanks & Rgds

[CR001]

If your wife only became your PBS dependent in February 2014, then she does not qualify for ILR yet. She will only qualify in February 2019.

She needs 5 years as PBS Dependent for ILR.

She cannot use the time she was a Tier 2 ICT main visa holder towards the 5 years, it does not count.

[LUS123vk]

Hi,
My wife's visa is expiring on 31st March this year (PBS Dependent Renewal), if we apply for a renewal by post (paper form), do we need to have the BRP received back by 31st March or is it ok if the application takes a little longer for the application to be accepted by the home office by 31st March.

Just worried what the exact date is which makes the stay legal when your application is in progress. Plus it should not impact the future ILR application

Looking for some expert advice on this pls.

Thanks in advance!

[CR001]

Your subject states 'FLR(M)'. This is not the correct form for a PBS Dependent extension.

No you do not have to have the BRP back before her visa expires. As long as a visa extension is submitted before her visa expires, she is covered by Section 3C of the immigration rules and WILL NOT be an overstayer.

[LUS123vk]

Sorry for Posting it to the wrong section, I will ensure correctness from the next time

Thanks for clarity on the time lines.

Regarding the form usage I think my heading was misleading, actually I am now a British Citizen (I was earlier on the Point based system (Tier 1 PBS) and hence defaulted the title as such), Am I right the for the dependent of the British citizen FLR (M) is the right form to be used.?

Thanks & Rgds

[CR001]

If you got ILR based on 5 years PBS route, your wife DOES NOT have to switch to FLR(M). This would ONLY apply if you got ILR based on long residence.

Am I right the for the dependent of the British citizen FLR (M) is the right form to be used.?

No, Tier 1 Dependent. FLR(M) will reset her clock to zero and a new 5 years (2 x 2.5 year visas) residence period.

[LUS123vk]

Thanks for the reply. It made me check all the extensions for my spouse.

Below are the visa extensions:

April 2013- Feb 2014 - Tier 2 Long Term Staff Migrant


Feb 2014 - Sep 2015- Dependent of a Tier 1 Migrant under PBS (PBS Dependent leave to remain on brp)
Sep 2015- March 18- Five Year Partner Route (Spouse/Partner Leave to remain on brp)

Based on your feedback and speaking to a few friends whose spouses are in similar position, I realise we did back in Sep 2015 got an extension on the incorrect category, May be we should have continued extension under the PBS dependent route instead of a 5 year route. Had we done that she would have been eligible for an ILR in Feb 2019.

So now I believe we should still continue the extension under the 5 year route using FLR(M) and provided we get a 2.5 years extension she should be able to complete 5 years at the end of the visa extension request now and eligible for ILR based on the 5 year period.

What do you think?

Thanks for all the help and advise so far.

Rgds

[CR001]

Yes, she should have carried on extending PBS dependent. As you switched categories, she doesn't qualify for ILR in 2019 and will have to wait till September 2020 before applying for ILR on form Set(M).

[LUS123vk]

Thanks for the confirmation, it really helped settle the doubt.

Not sure if you have the idea or if this is the right forum,

In FLR(M) form for meeting the Financial Requirement, My wife is choosing Category B as her current employment is less than 6 months.

She qualifies for Category B part (1) for the income threshold. (>than 18600)

To fulfil part (2) of the Category B , can the income from maternity pay be used for satisfying the financial requirement.

As after maternity she resigned and joined a new company. She was paid some maternity pay which all added together with the new employment salary (for last 12 months added together) is greater than 18600 ?

Thanks in advance!

[LUS123vk]

Hi CR001

Any possibility of some help with this query around the Financial Requirement in FLR(M) form pls?

Thanks & Rgds