ILR For Tier1 dependant + FLR(M) dependant question

[vpunacha]

Dear team,
This forum is very usefull in getting my tier 1 general visa, extension and ILR.
Now I really need your help in getting my wife's ILr.

The information in the
uk-tier-1-general-visas/ilr-through-tie ... 21384.html was very usefull.

My wife entered UK on Feb 29 2013.
But she was away in uk for 7 months due to maternity between Nov 2013 - June 2014.
As per new rule she won't be eligible ( I am not sure) because they are counting any 12 months period. Where earlier we would have been able to split the longer days in 2 year

The total time spent out side on the UK is below.
-----
15 Nov 2013 - 21 June 2014 - 212 (166+ 46)
20 Aug 2014 - 9 Sep 2014 - 20
10 Apr 2015 - 5th May 2015 - 25
1 July 2015- 6t July 2015 - 6
14th Sept 2016 -17th Sept 2016 - 3
25th Sept 2016 - November 24 2016 - 60
May 21 2017 - 11 June 2017 - 20
--
Total 355 days
--
I am planning to apply for ILR with the below terms
Where I am planning to split the 212 days between first year 166 and 46 days in the next year as shown below.
Please can you suggest if it is valid

=======================================
01 May 2013 - 30 April 2014 --> 166
01 May 2014 - 30 April 2015 ---> 46 + 20 + 21 = 91
01 May 2015 - 30 April 2016 ---> 4+6 = 10
01 May 2016 - 30 April 2017 ---> 60 + 3
01 May 2017 - 30 April 2018 ---> 20
----------------------------------------
Please suggest can I write a letter as mentioned in the Exceptional cases section of the documnet as below saying as per the earlier rule my wife was eligible..
--
You may also consider granting outside the rules if an applicant provides a letter setting out reasons why they believe changes to how the 180 days are counted will cause them exceptionally harsh consequences. From 11 January 2018, the rules refer to absences in any 12-month period, whereas previously they referred to absences in separate consecutive 12 month periods.
--

Also my son is 4 years and I hope I need to do another FLR(M) extension as he is not completed 5 years right
Please can you kindly help me on this query.

Please kindly help..

thanking you all in advance

[CR001]

Is your wife on a Tier 1 dependent visa or a FLR(M) visa??? Your post is not clear as you refer to FLR(M) extension for your 4 year old son!!

The absence limits DO NOT apply to PBS Dependent visas holders who got their visas BEFORE 11th January 2018.

Children DO NOT have a minimum residence requirement.

[vpunacha]

Dear Sir / Madam,
Thank you for your quick suggestion.

My wife's initial visa grant was PBS dependant ( Feb 2013 - Dec 2015) ( As I had a tier 1 general visa , So she has got tier 1 general dependant visa)

My son was born in India in Jan end, He got his visa under Tier 1 general dependant vaild till Nov 2015.

I got my ILR on March 2015, So I did extension for my wife and my son using FLR(M) on Nov 2015 ( I.e. ILR dependant, As I was on ILR ).
They got FLR(M) dependent visa valid till July 2018.

As my understanding I can combine time spent on both Tier 1 General dependant and FLR(M) dependant for continueous residency. She is already completed 5 years 3 months.

Please suggest if my wife can apply for ILR even with the more than 180 days absence (in 2014) as mentioned my previous post without any issue.

But my son has spent only 3 years 10 month
i.e June 2014 - Dec 2015 ( Tier 1/PBS dependant)
Jan 2016 - May 2018 ( As ILR dependant FLR(M) visa)

So my understanding is I have to do one more extension to my son alone for FLR(M) visa and he will be eligible for ILR only next year (i.e. May 2019)
I have also one more question, how I can apply for my son as one application FLR(M) extension. Usually minor should be included with the main application right

As you mentioned my son is eleigible for ILR, even without completing 5 years.
That means I can apply ILR for both my wife and son together..?

Please kindly help me on answer my questions

Thanking you in advance

Best regards
Guru

[vpunacha]

Just to confirm my son was born in Jan 2014. He is 4 years 4 month old now.

[CR001]

As my understanding I can combine time spent on both Tier 1 General dependant and FLR(M) dependant for continueous residency. She is already completed 5 years 3 months.

Unfortunately, you can't. She will need to wait for 5 years on FLR(M).

You will need to apply for an extension for your wife and son before their current visas expire.

By changing her visa to FLR(M) instead of extending her Tier 1 dependent visa, her clock reset to zero and a new 5 years residence period when FLR(M) was issued.

[CR001]

Thank you CR0001 for the clarification.

I switched her visa, becuase I did not had option to extend the visa on same type as I already got ILR.

Even in the immigration the officer asked me why you are in ILR and your wife is on tier 1 general dependant visa. (i.e. coming from holiday before her visa extension)

You are mistaken and jumped to the wrong conclusion from a simple question that was asked. The immigration rules (link below) permitted your spouse to continue on PBS Dependent if you got ILR through the 5 year Tier 1 General route. But as you switched to FLR(M), her clock reset to zero and she will nee 5 years on FLR(M) as well as your son.

immigration-for-family-members/dependan ... 14832.html

[vpunacha]

Thank you CR0001 for the clarification.

I switched her visa, becuase I did not had option to extend the visa on same type as I already got ILR.

Even in the immigration the officer asked me why you are in ILR and your wife is on tier 1 general dependant visa. (i.e. coming from holiday before her visa extension).

So i.e. the reason I have applied for FLR(M) dependant.

That means both my wife and son need to wait 2.5 years for ILR. ii.e after the extension of FLR(M)

Thanks and best regards
Guru

[vpunacha]

HI CR0001, is my son is eligible for ILR?

[CR001]

HI CR0001, is my son is eligible for ILR?

Your son will qualify for ILR when your wife does. They will both have to extend their FLR(M) visa for a further 2.5 years.

[CR001]

I switched her visa, becuase I did not had option to extend the visa on same type as I already got ILR.

You did have the option, you just didn't ask about it for advice.

Even in the immigration the officer asked me why you are in ILR and your wife is on tier 1 general dependant visa. (i.e. coming from holiday before her visa extension).

So i.e. the reason I have applied for FLR(M) dependant.

You should have checked with the forum or an advisor or read the rules first. A simply answer to the IO would have been " yes I got ILR based on Tier 1 and my wife will extend her visa".

That means both my wife and son need to wait 2.5 years for ILR. ii.e after the extension of FLR(M)

Yes.