VISA for the Spouse of a person on ILR

[lak8788]

I'm currently in Tier 2 (General) VISA and my spouse is in Tier 2 General Dependent VISA. I'm eligible to apply for the ILR under the 'living in the UK for 10 years' route. My spouse only came to UK on the dependent VISA in 2015. and we are hoping my spouse can obtain spouse/dependent VISA simultaneously ? I believe the application I should submit is 'SET_LR' ? However I can't seem to find how can my spouse apply for the dependent VISA. What is my spouse's procedure?

[CR001]

FLR(M).

English A1 and financial requirement of £18,600pa must be met.

Her clock towards ILR will reset to zero and a new 5 year route to ILR (2 x 2.5 year visas).

The time she has already spent in the UK will be lost.

[lak8788]

FLR(M).

English A1 and financial requirement of £18,600pa must be met.

Her clock towards ILR will reset to zero and a new 5 year route to ILR (2 x 2.5 year visas).

The time she has already spent in the UK will be lost.

Thank you for your information.

Do you know if me and my partner both can apply at the same time? I will be applying for the ILR and my partner will be applying for the dependent/spouse VISA.

So the title of the FLR(M) application,
"Application for an extension of stay on the basis of your family life in the UK as the partner or the dependent child of a person present and settled in the UK or as a partner or as the dependent child of a person with refugee leave or humanitarian protection or as the dependent child of a person who has, or is at the same time applying for, limited leave to enter or remain as the partner of a person present and settled in the UK and for a biometric immigration documentt"

What's confusing is,
1. "Application for extension" - Is this still true for my partner's case? Because I'm applying for a new VISA and my partner apply for an extension?
2. "as the partner of a person present and settled in the UK" - Like i said earlier I'm currently in the Tier 2 (General) VISA and trying to apply for the ILR. So am I a person present and settled in the UK?

Thanks

[CR001]

Do you know if me and my partner both can apply at the same time? I will be applying for the ILR and my partner will be applying for the dependent/spouse VISA.

If you apply in person yes, but partner needs a separate appointment a couple of hours after yours. When does partner visa expire?

1. "Application for extension" - Is this still true for my partner's case? Because I'm applying for a new VISA and my partner apply for an extension?

An application WITHIN the UK is an 'Extension'.

2. "as the partner of a person present and settled in the UK" - Like i said earlier I'm currently in the Tier 2 (General) VISA and trying to apply for the ILR. So am I a person present and settled in the UK?

You would be the 'present and settled' person yes. If your ILR fails or is held for further queries, her FLR(M) will also fail.

[lak8788]

Both of ours VISA's expire in 2019. However I lived in the UK for 10 years (From January 2008 to January 2018). That's why I'm planing to apply for the ILR in the 10 years route.

Also in the FLR(M) application it is stated as follow:
Complete this form only if you are applying for leave to remain in one of the following categories:
• Family life as the partner of a person present and settled in the UK (2 year route)
• Family life as the partner of a person present and settled in the UK (5 year route)

There isn't the 10 years route option.

[CR001]

There isn't the 10 years route option.

Just because you are applying for ILR on the 10 years long residence, doesn't mean your spouse has to apply for a 10 year visa. Why do you think this??

• Family life as the partner of a person present and settled in the UK (5 year route)

This is the one she applies under if she meets all the requirements.

[lak8788]

Thank you very much for your information.

[lak8788]

Hi,

Please help me with this confusion.

I was on Tier 2 (General) VISA when my spouse came to the UK under Tier 2 (Dependent). I originally obtained the Tier 2 (General) VISA in 2012. And in Sep 2015 I extended it(valid till 2019 Oct.). My spouse came to UK in Oct 2015 under the Tier 2 (Dependent) VISA. I was granted the ILR Visa last month as I've been living in the UK for 10 years. Now that I've switched the VISA, we thought my spouse should switch VISA too and we were preparing to apply for FLR(M). However, when my spouse contacted to esquire about something in the application, he's been told that he does not require to apply for the FLR(M), and his current VISA is still valid till Oct 2019, even thought I switched my VISA.
I'm a bit confused here now. Is this correct? Because we thought all this time that once I switch to ILR my previous Tier 2 VISA is cancelled, and automatically my spouse's too, and that my spouse should switch too.
Please help us with this matter.
Thanks

[CR001]

As you got ILR based on long residence, your spouse should switch to FLR(M), which will reset their clock to zero and a new 5 year (2 x 2.5 year visas) period before they will qualify for ILR. The time spent on PBS Dependent visa is lost and cannot be counted towards the 5 years for ILR.

They should switch sooner rather than later to start the new 5 year residence period, especially if they have travel plans or any emergency travel is needed to home country. However, they can stay on their current visa until ready to switch. Note that IHS fees are doubling towards the end of the year.

immigration-for-family-members/dependan ... 43881.html

[lak8788]

As you got ILR based on long residence, your spouse should switch to FLR(M), which will reset their clock to zero and a new 5 year (2 x 2.5 year visas) period before they will qualify for ILR. The time spent on PBS Dependent visa is lost and cannot be counted towards the 5 years for ILR.

They should switch sooner rather than later to start the new 5 year residence period, especially if they have travel plans or any emergency travel is needed to home country. However, they can stay on their current visa until ready to switch. Note that IHS fees are doubling towards the end of the year.

immigration-for-family-members/dependan ... 43881.html

Thank you CR001 !

[lak8788]

Hi,

Could you please help me with some of the questions asked in the FLR(M) application?

My spouse first came to the UK in 2009 June (with a student VISA). In 2011 October he was granted the PSW VISA and he stayed till 2013 October. And then he went back to the home country as his PSW VISA expired and stayed in the home country for 2 years. After we got married he came back to the UK in 2015 October (with the Tier 2 Dependent VISA) and still lives in the UK with me. So he has a 2 years gap between 2013 October - 2015 October where he didn't live in the UK. (I recently obtained the ILR VISA, hence he's applying for FLR(M))

The following questions are asked in the FLR(M) Application.

1. When did you enter the UK?
Should the answer be 2009 as that was the first time he entered the UK? or should the answer be 2015 as he had a 2 years gap between 2013-2015?

2. Time Lived in the UK
Again due to his 2 years gap we are confused. Should we take into account the time since 2009? so that it will be 4 years (2009-2013) + 3 years (2015-2018) = 7 years
or the time since 2015, so it's only 3 years?

3. Have you previously lived in a country outside the UK including your country of birth?
I guess the answer to this will depend on the answers to the above questions. If the answer to the question 1 is 2015, how do we mention about the time he spent in the UK between 2009-2013?

Thanking you in advance.

[CR001]

1. When did you enter the UK?
Should the answer be 2009 as that was the first time he entered the UK? or should the answer be 2015 as he had a 2 years gap between 2013-2015?

2015

2. Time Lived in the UK
Again due to his 2 years gap we are confused. Should we take into account the time since 2009? so that it will be 4 years (2009-2013) + 3 years (2015-2018) = 7 years
or the time since 2015, so it's only 3 years?

Since 2015

3. Have you previously lived in a country outside the UK including your country of birth?
I guess the answer to this will depend on the answers to the above questions. If the answer to the question 1 is 2015, how do we mention about the time he spent in the UK between 2009-2013?

State the time of 2009-2013.

[lak8788]

Thanks you very much CR001 !

[Sydvir]

Hi
My husband currently holds a refugee status. And he has to apply for ILR in Sep 2018.
So can we apply for a spouse visa in this situation? Will it impact on the outcome?
Please help

[CR001]

Hi
My husband currently holds a refugee status. And he has to apply for ILR in Sep 2018.
So can we apply for a spouse visa in this situation? Will it impact on the outcome?
Please help

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