What to do with a dependent when sponsor is moving to ILR

[greegiecee]

Hello,
I am due to apply for ILR through the 10 year route in a few months. My wife only moved to the UK in 2015 (we were already married by then) so she can't apply for ILR. When I apply for ILR, do I submit a separate application for her, and is this using the FLR-M form? And lastly, can her application be submitted at the same time as mine, or do we have to wait for my ILR to be granted?
Any help will be appreciated.
Thanks

[CR001]

FLR(M) yes and it will reset her clock for ILR to zero and a new 5 year route (2 x 2.5 year visas) before she can apply for ILR on Set(M).

Are you applying by post or in person?

When does her visa expire?

Why long residence and not 5 years PBS route??

[greegiecee]

Thanks CR001. How ridiculous that we now have to start the 5 years all over again! Can you not get a single 5 years visa? I suppose we will have to pay yes another £1000 for 5 years of NHS surcharge?

We will apply by post. Her current visa expires 15 October at which point she will have been here for 22 months.

I'm applying via long residence because as I was about to apply for ILR after 5 years, the government increased the earning threshold to £35k which I didn't meet. So I was able to extend my tier 2 visa for 3 years and added to my previous visas takes me to just over 10 years.

Thanks again for your help.

[CR001]

How ridiculous that we now have to start the 5 years all over again! Can you not get a single 5 years visa? I suppose we will have to pay yes another £1000 for 5 years of NHS surcharge?

No, there is not '5 year validity spouse visa'. IHS fees are going up later this year to £400 per year. Yes the rules for PBS Dependents of long residence ILR applicants changed 4 years ago. immigration-for-family-members/dependan ... 43881.html

We will apply by post. Her current visa expires 15 October at which point she will have been here for 22 months.

When do you reach the 10 years mark from date of first entry to the UK??

Have you seen the fee increases (click) from 6th April?

[greegiecee]

Gosh £400 per year! We need to start using the NHS to get our money's worth ! Thanks for the warning.

I'm looking at the form FLR(M) (is this the right one?) and it only gives an option for 2 years and 5 years?
https://www.gov.uk/government/uploads/s ... -04-17.pdf

I reach my 10 year mark at the end of June. If the NHS charge hasn't gone up by then it may be best to do it ASAP.

[greegiecee]

Can I also clarify, can we only apply for my wife's FLR(M) after I have been issued with my ILR? It seems this is the case?
Thanks

[CR001]

I'm looking at the form FLR(M) (is this the right one?) and it only gives an option for 2 years and 5 years?
https://www.gov.uk/government/uploads/s ... -04-17.pdf

Pre 9th July 2012 was the 2 year route, now no longer available.

Post 9th July 2012 is the 5 year route, which is 2 x 2.5 year visas. You don't get a 5 year single validity spouse visa.

Can I also clarify, can we only apply for my wife's FLR(M) after I have been issued with my ILR? It seems this is the case?

You can apply at the same time and would have to request her application to be held until a decision is made on yours. If your ILR fails, her FLR(M) will also fail. If yours takes a year, hers will take even longer. You won't be able to travel or anything as your original docs will be held by HO.

I reach my 10 year mark at the end of June. If the NHS charge hasn't gone up by then it may be best to do it ASAP.

What is your full UK immigration history/visas and the date you enter the UK?

[greegiecee]

Very helpful. Thanks. Is it better to not submit her application until my ILR has been approved?

I've been here since June 2008 - Study visa, post study work visa, 2 x tier 2 general visas.

[CR001]

It is your choice, but what I would do (my opinion and choice as I did with all my applications), is apply for your ILR in person at premium centre. Once approved and you have the BRP, apply for your wife by post.

[greegiecee]

Yeah good thought. The costs are just exorbitant! I could have bought a brand new car CASH with what I've spent on visas for the 2 of us! I can't do anything until June, but just trying to get my head around what all the options are. Thanks again for your helpful advise.