Dependant of a settled person

[morshed]

Hi All

This is the first time using this forum. I hope some one will help me to get the right answer for my case.

Here is the situation:

Myself: Now in Tier-2 General sponsored by employer which will expire on 27 September 2018. I came to UK on 11 August 2008 as Tier-4 student, so 10 August 2018 will be my 10 years in UK. I’d like to apply for ILR in August 2018 through Premium Same day service.

My wife: She is now in my dependant. Her Tier-2 Dependant visa will expire 27 September 2018 as well. But she came to UK on 22 December 2008 and can’t complete her 10 years residency since the current visa is expiring on 27 September.

My questions are:
1. What form she needs to use to apply to extend her visa as a dependant of a settled person (myself)?
2. If she applies as dependant of a settled person just before her visa expiry on 27 September, what is the way to submit another application (ILR as long residency) if she reaches to point of 28 days before 10 years completion on 21 December 2018? Can she submit Premium service application (ILR) in this case?

Any suggestion in this case highly appreciated.

[seagul]

Yes you for yourself can apply long residence on set (lr) maximum 28 days before of completing 10 years. Since long residence don't allow dependent to include so unfortunately soon after you get ILR should apply flr (m) for your wife which is quite expensive then vary it into long residence 10 years route if the application not get decided until she complete her 10 years or apply straight for long residence ILR if her flr (m) decided earlier.

[morshed]

Thank you very much Seagul for the advice.

[morshed]

I'm in Tier-2 General sponsored by employer which will expire on 27 September 2018. I came to UK on 11 August 2008 as Tier-4 student, so 10 August 2018 will be my 10 years in UK. I’d like to apply for ILR in August 2018 through Premium Same day service. My wife is my dependant and her Tier-2 Dependant visa will expire 27 September 2018 as well.

Once I get ILR through premium service in August and am no longer in Tier-2 general, what would be her visa status? Will her Tier-2 Dependant visa be invalidated? Is there any time frame (other than current visa expiry date) within which she needs to apply through FLR-M?

[CR001]

She only has the option of switching to FLR(M) spouse visa before her current visa expires.

[morshed]

Thank you very much CR001 for your input. I really appreciate that.

I’ve a supplementary question. Once my wife gets the visa through FLR-M, can she apply for ILR (10 years long residency) after completing the 10 year period on 22 December 2018? Or the FLR-M will reset the period counting to zero and wait for 5 more years?

[Casa]

Thank you very much CR001 for your input. I really appreciate that.

I’ve a supplementary question. Once my wife gets the visa through FLR-M, can she apply for ILR (10 years long residency) after completing the 10 year period on 22 December 2018? Or the FLR-M will reset the period counting to zero and wait for 5 more years?

All whole period of residency will qualify for ILR under long residence.

[morshed]

Thank you very much Casa.

[morshed]

Yes you for yourself can apply long residence on set (lr) maximum 28 days before of completing 10 years. Since long residence don't allow dependent to include so unfortunately soon after you get ILR should apply flr (m) for your wife which is quite expensive then vary it into long residence 10 years route if the application not get decided until she complete her 10 years or apply straight for long residence ILR if her flr (m) decided earlier.

1. How soon do I need to apply for her FLR-M? I know, of course, it has to be before her current visa expires, but is there any concrete deadline in number of days?

2. Once FLR-M is submitted, if the that application not get decided until she completes her 10 years (or before 28 days of 10 years completion), I may vary it into long residence 10 years route, is there any risk of discontinuity here? is it possible to go for premium service (ILR) in this case?

[CR001]

1. How soon do I need to apply for her FLR-M? I know, of course, it has to be before her current visa expires, but is there any concrete deadline in number of days?

No there is no 'concrete deadline'.

2. Once FLR-M is submitted, if the that application not get decided until she completes her 10 years (or before 28 days of 10 years completion), I may vary it into long residence 10 years route, is there any risk of discontinuity here? is it possible to go for premium service (ILR) in this case?

Yes you can vary.

[morshed]

Yes you can vary.

Is going for premium service (FLR-M) a good idea in this case?

[CR001]

It is your choice if you wish to pay an extra £610 on top of the visa fee and IHS fee to apply in person for FLR(M).

[morshed]

It is your choice if you wish to pay an extra £610 on top of the visa fee and IHS fee to apply in person for FLR(M).

I'm sorry, I actually asked a wrong question. Here it is I actually wanted to ask-

While her (my spouse) postal application on FLR-M is pending for decision, is it a good idea to go for premium service ILR application for my spouse? Any restriction on availing this service while another application is pending?

I'm sorry once again for asking too many questions regarding this.

[CR001]

Unlikely you will get a decision on the day to vary FLR(M) to ILR as your documents will be with the FLR(M) team.