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ILR / Visa Query for Spouse

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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sak2355
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Joined: Thu Jan 28, 2021 8:44 pm
India

ILR / Visa Query for Spouse

Post by sak2355 » Thu Jan 28, 2021 8:58 pm

I had arrived in UK on 15th Sep 2010 on Tier 2 ICT Visa and had applied for Indefinite Leave to Remain (ILR) in Sep 2020.
On Jan 25th 2021 , I received a confirmation that my ILR request has been approved.

My Wife is with me in UK since 26th Jan 2014 and is currently on my dependent visa (PBS dependent) since this date. So she has been continiously in UK on this dependent visa since last 7 years

As, I have recived an ILR now, I am confused under which category I have to apply Visa for her

Is there any specific category under ILR where I can apply for her Visa or do I have to apply for FLR

Can someone in this forum help me with this query

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CR001
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Re: ILR / Visa Query for Spouse

Post by CR001 » Thu Jan 28, 2021 9:13 pm

You have to apply for FLR M and she must meet the English and financial requirements. This resets her 5 year clock to zero for ilr based on 5 years residence.

Or if she reaches 10 years legal stay and meets the requirements, she can apply for ilr LR in 2024.

She doesn't qualify for ilr now under any route.
Char (CR001 not Casa)
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sak2355
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Posts: 2
Joined: Thu Jan 28, 2021 8:44 pm
India

Re: ILR / Visa Query for Spouse

Post by sak2355 » Thu Jan 28, 2021 10:22 pm

Thank a lot for this clarification. :D
Sorry, I have one more query.
My Spouse current PBS dependent visa is valid till 18/07/2021. As I have received an ILR, is there any Legal requirement for me to apply FLR M asap or can I wait till 1st July 2021 to apply FLR M. As it usually takes 8 weeks to get the decision, can she continue to live in UK till she gets the decision for FLR M application.

Or
Do I have to apply much before so that she gets her FLR M decision much before her current PBS dependent visa exipres

The reason I am asking this question is because if I apply FLR M after 1st July 2021 then she will get it for 2.5 years and by 30th Dec 2023 she will complete her 9 years and 11 month in UK and she can apply for SET(LR) visa.

If I apply for FLR M before July then I have to apply FLR M twice to complete her 10 year here in UK

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CULLINAN
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Re: ILR / Visa Query for Spouse

Post by CULLINAN » Fri Jan 29, 2021 2:40 am

She can carry on her PBS dep visa and apply FLR(M) before current visa expiry. She can not settle via the PBS route but if delaying FLR(M) can benefit you to reach 10 years in one 2.5 yr visa, you may consider it.

Note, she should not travel outside UK till she switches to FLR(M), otherwise her visa maybe curtailed.
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