FLR(M) or FLR(FP)

[byebyeuk]

Hi everyone,

My current visa expires in a couple of weeks and I am sending my application for ILR using SET(LR) route. My wife's visa is also expiring on the same date when my visa expire. I have just read various posts in the forum where some people are advising to apply FLR(FP) and ask them to put the application on hold and then switch to FLR(M) later, instead of directly applying for FLR(M). I am quite confused which route I should choose. Those advising to use FLR(FP) are saying that if you apply using this you will get chance of appeal whereas in FLR(M) this will not be the case and leave 3c will finish if Home office invalidates the application because of the main applicant not yet settled. However, I dont see my wife qualifying for FLR(FP) because my children are still under 5 years of age. I also do not understand how would someone get a chance of appeal if HO decides to invalidate the application because the right of appeal I believe is given on refusal not on an invalid application ? Its sounds absolutely ridiculous to me that there's no category for the dependent spouse of a person who is applying for settlement through long residency. Even if there isn't any, asking them to hold the FLR(M) till my ILR gets decided should be the most logical solution. Why would that be an invalid application ? what is the correct route to follow ? Kindly suggest what should be done

Also do I need to apply first for my ILR and add my home office reference number in my wife's application or could we apply at the same time and mentioning my name, dob, nationality, passport number (which sounds sufficient to me to track my application) should be enough for them to put the application on hold ?

Could someone please help me as soon as possible.

Thanks in advance

[CR001]

1. Useful if you stated your full 10 year immigration history.

2. Are you applying for ILR LR by post or at premium service?

3. What visa is your wife currently on and when does it expire?

4. How long has wife been in the UK and her full immigration history?

5. Does your wife meet the English requirement?

6. Do you meet the financial requirement of £18,600pa?

7. There is a category for ILR LR dependents if you meet the requirements. You are simply overthinking, it is not as complicated as you are assuming it is.

[byebyeuk]

Hi Sir,

Please find the answers below,

1. Useful if you stated your full 10 year immigration history.
Arrived in the UK in 2007 on a student visa. Finished my masters and got 2 years post study work. later switched to Tier 1 general. Applied for ILR through tier 1 general and got refused after 18 months because of late submission of tax return(no tax amendments or discrepancies, there was no tax due it was simply a late submission- JR already lodged last month). Visa expires in first week of march. Wife is now also Eligible for ILR on the dependent route but cannot apply until we gets a result of JR. She has already passed Life in the Uk and has the B1 UK Naric certificate. I have 2 childrens 3 and 1 and both are born in the UK.

2. Are you applying for ILR LR by post or at premium service?
By post

3. What visa is your wife currently on and when does it expire?
She is dependent of tier 1 general and her visa also expire in first week of March. Exactly same as mine.

4. How long has wife been in the UK and her full immigration history?
Exactly 5 years now. Came in the uk as my dependent (Tier 1 genaral)
5. Does your wife meet the English requirement?
Yes
6. Do you meet the financial requirement of £18,600pa?
Yes I do

7. There is a category for ILR LR dependents if you meet the requirements. You are simply overthinking, it is not as complicated as you are assuming it is.
Kindly explain

I am looking forward for a quick response.

Thanks

[CR001]

1. Arrived in the UK in 2007 on a student visa. Finished my masters and got 2 years post study work. later switched to Tier 1 general. Applied for ILR through tier 1 general and got refused after 18 months because of late submission of tax return(no tax amendments or discrepancies, there was no tax due it was simply a late submission- JR already lodged last month). Visa expires in first week of march. Wife is now also Eligible for ILR on the dependent route but cannot apply until we gets a result of JR. She has already passed Life in the Uk and has the B1 UK Naric certificate. I have 2 childrens 3 and 1 and both are born in the UK.

What was the exact reason for refusal (less personal info)?? When did you get the refusal letter? You do realise that ILR LR can be refused for the same reason as the same checks are done.

2. By post

Apply FLR(M) and write a covering note for her application to be held until your ILR LR application is decided. Have you considered applying for your ILR in person??

3. She is dependent of tier 1 general and her visa also expire in first week of March. Exactly same as mine.

What date exactly?

7. Kindly explain

See above #2 You will have to apply FLR(M) for wife and non UK born kids. £993 visa fee each and £500 Immigration Health Surcharge each. For spouse plus 2 dependents, your income must be £24,800pa. HO might well ask if you about the UK born child if you choose not to apply for FLR(M) for them if your intention is to register them as British.

[byebyeuk]

What was the exact reason for refusal (less personal info)?? When did you get the refusal letter? You do realise that ILR LR can be refused for the same reason as the same checks are done.

The exact reason is 322(5) though it has been irrationally applied on me because I did not make any amendments and there was no overdue tax. I have suffered from the HO's recent trend of putting everyone on the same boat of refusals on tax issues though I never made any amendments. That's why I have applied for the JR.

Apply FLR(M) and write a covering note for her application to be held until your ILR LR application is decided. Have you considered applying for your ILR in person??

I am aware that they could refuse me again on 322(5) when I apply for ILR(LR) and that's why I want to apply through post because that would give my JR sometime to proceed and hopefully decided in my favour.

Do I need to apply for myself first and provide my application reference in my wife's covering letter ? I only have a couple of weeks left on my current visa. What if I dont get an acknowledgment by then ? should the name, nationality, passport number not suffice for that purpose ? The reason why I am confused is because some people on this forum said that HO invalidated the spouse's application saying that this category of FLR(M) is for the dependent of settled person however your partner is not settled yet. The posts are 2 years old so I am not sure whether this is still the trend or are they now holding the applications of FLR(M) till my application gets decided.

What date exactly?
My and my wife's current leave expire on 5th of March.

[CR001]

Apply FLR(M) and write a covering note for her application to be held until your ILR LR application is decided. Have you considered applying for your ILR in person??

I am aware that they could refuse me again on 322(5) when I apply for ILR(LR) and that's why I want to apply through post because that would give my JR sometime to proceed and hopefully decided in my favour.

Do I need to apply for myself first and provide my application reference in my wife's covering letter ? I only have a couple of weeks left on my current visa. What if I dont get an acknowledgment by then ? should the name, nationality, passport number not suffice for that purpose ? The reason why I am confused is because some people on this forum said that HO invalidated the spouse's application saying that this category of FLR(M) is for the dependent of settled person however your partner is not settled yet. The posts are 2 years old so I am not sure whether this is still the trend or are they now holding the applications of FLR(M) till my application gets decided.

My response has been very clear or was there something not clear enough??

[byebyeuk]

My response has been very clear or was there something not clear enough??

Thanks very much for your help. yes your reply was clear and very helpful so many thanks for that. The only bit that is yet not clear to me is that could we both apply together and provide my name, dob, nationality, passport number in my wife's covering letter asking them to hold it ? or do I need to apply first and wait for the reference from HO to arrive and then apply for my wife's FLR(M) and mention the reference number as well ? Just asking this because some people on the forum 2 years ago said that HO are not putting the application of spouse on hold and they invalidate it without main applicant's reference number. Provided that I only have 2 weeks left, I might not get the reference from HO for my application. Should I still apply for myself first and wait for the reference OR reference is not that important and HO should be able to put my wife's application on hold with just my personal details ?

[CR001]

You don't have time to apply first and wait for a reference number before her visa expires, which is why I asked about whether you are applying in person or by post.