Dependant/spouse Visa To Indefinite Leave To Remain (Ilr)

Hi,

I would like to thank this forum for helping, providing information, guidance and support during the past few years.

I have grated ILR in 2012 and now i am seeking for information related IRL for my wife.

Following are our dates and history:
July 2007 - I am on Old Work Permit (2007) for 5 years until Oct 12
Sept 2011 - Married
Feb 2012 - Wife applied VAF2 (Spouse visa) outside UK (Valid until Oct 12) same as my WP expire date, (Visa Stamp/ Printed on Passport)
Apr 2012 - Entered UK and joined me
Sept 2012 - I applied ILR, wife applied FLR(M) spouse visa (Valid for 2 years, expired Sept 2014) (Visa issued in Bio-metric card)
Sept 2014 - Her visa will expired (ILR or FLR)

I noticed there were rules changed in July 2012 regarding dependant getting ILR. 2 years before July 2012 or 5 years after July 2012.

My question is can she apply ILR in Sept or need to extent her visa until 5 years past. I am a bit confused here as she had her Spouse Visa to join me in the UK in Feb 2012 and did extension in Sept 2012. So, which rules applies? Or she can apply ILR after April 2014?

Thanks in advance and I fully appreciate your support & guidance.

thanks Manci,

My questions on that link was I am not ILR yet until Sept 12, my wife came in April 2012 while I was on my 5 Years Work Permit (Old - 2007). So, is she still categorised under (PARTNER OF A BRITISH CITIZEN OR SETTLED PERSON) before 8 July 12?

Any info / comments would be much appreciated.

Perhaps not, as 195 isn't under Part 8. The transitional provisions may not be applicable!

Why didn't she apply for ILR with you in Sept 2012 (196E)?

Thank vinny,

we wasn't aware of she could apply ILR the same time as mine. I understand she got her Spouse Visa in March, enter UK in April 12 then after 6 months our Visa (Mine WP + her Spouse) will expired. Therefore she didn't do the Life In UK test but when in PEO she been told she could get ILR but just not have the Life in UK test. We decided we don't want to pay again for PEO so we waited until her visa will run out. Maybe that was our wrong move and we wasn't been told my advisor that she could get ILR.

In summary, does it mean she now lost the opportunity to get ILR this year and have to wait for another 2.5 years by Spouse Visa?

vinny wrote:Perhaps not, as 195 isn't under Part 8. The transitional provisions may not be applicable!

Why didn't she apply for ILR with you in Sept 2012 (196E)?

Based on 196E is there any reason why she couldn't be granted ILR if she applied now?

196E. Indefinite leave to remain in the United Kingdom for the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193

No she can apply for ILR but I am not sure about form.dependents who came in uk or get visa before July 2012 of persons who are now settled came under old rule.just call ho and confirm which form she need .my guess is set(o) if you are work permit holder and get ILR on that basis .

manci wrote:Based on 196E is there any reason why she couldn't be granted ILR if she applied now?

196E. Indefinite leave to remain in the United Kingdom for the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193

Well spotted! Perhaps she can apply on SET(O)?

Thank you Vinny, SSWSZ and Manci (In no particular order)

I shall check with Home Office and find out what form to use and report it back here.

Am I correct to understand that she can apply ILR anytime after April 14 (As she entered UK in April 12 and If the old rules applied - 2 years).

Yes 28 days before 2 year .

SSWSZ wrote:Yes 28 days before 2 year .

Cheers, was the 2 years count start from: -
1) Her first spouse visa on Apr 12 (while I am on Work Permit) or
2) Her Spouse Visa on Sept 12 (While I am on ILR)

Any dependent visa of pbs applicant also count towards 2 year.
I got ILR as dependent in feb 2014 .hubby got ILR in dec 2013 . So it's no necessary to be spouse of settled person if she was your dependent before the she can apply today tomorrow any time.

Hi all,

I am still confused with the SET(O) and SET(M) which one to use. Not able to get through to HO line for the last few days.

I found a lot of confusion of which form to use and I am concerned about if submitted the wrong form to PEO, it will get rejected and loss money. I feel that SET(M) is more relevant for her but the more I search for information the more I confused. I believe she came in April 12 (WP dependent) still fall under Old Rules (9 July 2012) for 2 years ILR eligibility although she switched to ILR Dependent in Sept 12 (After the new rules) using FLR(M). Basically She spent 5 mths (as WP dependent) + 15 mths (As ILR Dependent FLR(M)). Does it mean she completed 2 years qualifying period for ILR?

It would much appreciated if expert can provide a clear guidance. Thank you very much.

1) I used www.gov.uk/settle-in-the-uk , result as in #61 stated SET(O).

You may be eligible for settlement (‘indefinite leave to remain’) as the partner or child of a person who’s already settled in the UK and they settled because the last permission they held was:
UK Ancestry
Work Permit
Highly Skilled Migrant Programme
Representative of an Overseas Company
Investor
Innovator
Businessperson
Self-Employed Lawyer
Domestic Worker in a Private Household given before 6 April 2012
Minister of Religion

2) Check on SET(M) Guidance Page 2, Paragraph "If you are applying as a partner of a person who last had leave as a Work Permit Holder, a Relevant Points Based System Migrant, on the basis of UK Ancestry or in any other temporary work related category and they now have indefinite leave to remain or have been granted naturalisation this is not the correct form to use." (Click the LINK and page not work)


3) In SET (O) Page 1, stated "Work Permit Holder - dependent", but I no longer WP and she is FLR(M) dependent of Settled person.

Update - -

Called Home Office and confirm SET(M) form and she eligible 2 years(Combined status) 5 mths WP dependent + 19 mths ILR dependent (Although her 2 years FLR(M) will expired in Sept 14). Citizen Advise immigration Level 2 also confirm SET(M), 2 years (Combined status) if we married outside UK (Which we did). Just in case we will also fill and bring SET(O) form too.

Are the following documents enough for covering SET (M)?
1. Passport (myself and applicant)
2. 6 mths Payslip (Myself)
3. 6 mths bank statement (Myself and applicant)
3. 2 x passport photo (myself and applicant)
4. Life in UK test (Applicant)
5. BULAT english test (Applicant)
6. Marriage Certificate (Translated + Original)
7. Biometrics card (Myself and applicant)
8. Company letter (myself)
9. Police Registration Cert (applicant)
10. P60 (myself)
11. Birth Certificate (Myself and applicant)

For cohabitation evidence: (Only 5 joint name of each sources throughout 2 years) Is it enough?
1. Tenancy agreement (2012) joint name
2. relocation to new place 2013 (tenancy agreement joint name)
3. Npower Joint name (2012)
4. water bill Joint name (2012)
5. Council tax Joint name (2013, 2014)

Thank you again and PEO appoint booked on 17th April in Sheffield.

thermalboyz wrote:Update - -

Called Home Office and confirm SET(M) form and she eligible 2 years(Combined status) 5 mths WP dependent + 19 mths ILR dependent (Although her 2 years FLR(M) will expired in Sept 14). Citizen Advise immigration Level 2 also confirm SET(M), 2 years (Combined status) if we married outside UK (Which we did). Just in case we will also fill and bring SET(O) form too.

Are the following documents enough for covering SET (M)?
1. Passport (myself and applicant)
2. 6 mths Payslip (Myself)
3. 6 mths bank statement (Myself and applicant)
3. 2 x passport photo (myself and applicant)
4. Life in UK test (Applicant)
5. BULAT english test (Applicant)
6. Marriage Certificate (Translated + Original)
7. Biometrics card (Myself and applicant)
8. Company letter (myself)
9. Police Registration Cert (applicant)
10. P60 (myself)
11. Birth Certificate (Myself and applicant)

For cohabitation evidence: (Only 5 joint name of each sources throughout 2 years) Is it enough?
1. Tenancy agreement (2012) joint name
2. relocation to new place 2013 (tenancy agreement joint name)
3. Npower Joint name (2012)
4. water bill Joint name (2012)
5. Council tax Joint name (2013, 2014)

Thank you again and PEO appoint booked on 17th April in Sheffield.

Hi thermalboyz,

Can I get contact details of Citizen Advise immigration Level 2.

http://www.citizensadvice.org.uk/ search by your location

HI thermalboyz,

My wife have same issue as yours and have an appointment in 2 days.UKBA told me its set O form..and confirmed it couple of times calling at different times.I plan to fill set M aswell jus incase.Did you fill set O.Main applicant will be my wife?she doesn't work,so most of the fom O is blank and theres no mention of me anywhere..what category to apply?is it work permit dependent?as you said I am settled person now..could you or someone from the forum shed light and help me please.Thank you in advance

Pls explain your situation, mine can be found on first post. I am confused too as to use SET O or SET M. I will bring two form just in case. She will be using SET M. Does your dependent completed 2 years?

thermalboyz wrote:http://www.citizensadvice.org.uk/ search by your location

Hi thermalboyz,

Thanks for given info. Is it free service or do they charge any fee?
Did they charge when you were contacted them?

FREE

thermalboyz wrote:Pls explain your situation, mine can be found on first post. I am confused too as to use SET O or SET M. I will bring two form just in case. She will be using SET M. Does your dependent completed 2 years?

Confirmed again today.Its set O.My wife is work permit dependeant n completed 2 and half yrs here

Cheers Chaz3,

My wife had 5 mths (WP dependent) 04/2012 + 19 mths (ILR Dependent FLR(M)) 04/2014 tho her FLR(M) will expire in 09/2014, called HO last week and confirm her 2 years qualifying ILR can be overlapped. Also told she has FLR(M) therefore should use SET(M).

Does your dependent also has overlapped (WP + ILR) dependent visa? And allowed to combined to qualify the 2 years?

HELLO GURUS PLZ HELP ME.........
MY WIFE SHE APPLIED FLF(M) ON 27 FEB 2014 WE EXPEDITE THE CASE DUE TO OUR HEALTH CONDITION. ON 18 MARCH DATED 14 MARCH WE RECIEVED LETTER FROM HOME OFFICE FOR BIOMETRIC INVITATION AS WELL SOME DOCUMENTS REQUIRED BY HOME OFFICE WHICH IS
1 COMPLETE THE MANDATORY SECTION 4 OF THE APPLICATION FORM.
2 FULL BIRTH CERTIFICATE OF OUR SON.
3 PASSPORT AND BRP OF SPOUSE (HUSBAND).
4 FURTHER 3 DOCS BETWEEN MARCH AND NOV 2012 TO SHOW THAT YOU HAVE BEEN COHABITING WITH UR PARTNER.

I PROVIDE ALL OF THEM SAME DAY WITH SPECIAL DELIEVRY WHICH THEY RECIEVED ON 19TH MARCH.
ON 25TH MARCH WE RECIEVED BRP CARD WHICH SHOW LEAVE TO REMAIN FOR 30 MONTHS WITH WORK PERMITTED.
ON 26TH MARCH WE RECIEVED PASSPORT AND DOCS WITH HOME OFFICE LETTER THAT WE RUFUSE YOUR APPLICATION DUE TO ENGLISH CERTIFICATE .YOU HAVE PROVIDED AND EDEXCEL ENTRY LEVEL 3 ESOL SKILL FOR LIFE HOWEVER THIS IS NOT ON APPROVE LIST OF ENGLISH LANGUAGE COURSE.YOU HAVE NOT PROVIDED OF EVIDENCE THAT YOU HAVE ACHIEVED QUALIFICATION IN A1 OF THE COMMON EUROPEAN FRAMEWORK OF REFRENCE OF LANGUAGE. IT IS NOTED THAT NONE OF THE EXCEPTIONS DETAIL PARAGARAPH 284(ix) of the immigration rules.you have no right of appeal on this decision.

I am in stress to see this deciosn. can any one help please I would be very thankful.

What I read here is you normally not get appeal right if you have valid leave to remain.but still you have option to reapply .just sit for the exam and reapply .
But I don't know what this brp card shows means which visa they issue and now in what category your dependent would be able to apply for ILR .wait for some seniors and they will ans you.

khizarm wrote:HELLO GURUS PLZ HELP ME.........
MY WIFE SHE APPLIED FLF(M) ON 27 FEB 2014 WE EXPEDITE THE CASE DUE TO OUR HEALTH CONDITION. ON 18 MARCH DATED 14 MARCH WE RECIEVED LETTER FROM HOME OFFICE FOR BIOMETRIC INVITATION AS WELL SOME DOCUMENTS REQUIRED BY HOME OFFICE WHICH IS
1 COMPLETE THE MANDATORY SECTION 4 OF THE APPLICATION FORM.
2 FULL BIRTH CERTIFICATE OF OUR SON.
3 PASSPORT AND BRP OF SPOUSE (HUSBAND).
4 FURTHER 3 DOCS BETWEEN MARCH AND NOV 2012 TO SHOW THAT YOU HAVE BEEN COHABITING WITH UR PARTNER.

I PROVIDE ALL OF THEM SAME DAY WITH SPECIAL DELIEVRY WHICH THEY RECIEVED ON 19TH MARCH.
ON 25TH MARCH WE RECIEVED BRP CARD WHICH SHOW LEAVE TO REMAIN FOR 30 MONTHS WITH WORK PERMITTED.
ON 26TH MARCH WE RECIEVED PASSPORT AND DOCS WITH HOME OFFICE LETTER THAT WE RUFUSE YOUR APPLICATION DUE TO ENGLISH CERTIFICATE .YOU HAVE PROVIDED AND EDEXCEL ENTRY LEVEL 3 ESOL SKILL FOR LIFE HOWEVER THIS IS NOT ON APPROVE LIST OF ENGLISH LANGUAGE COURSE.YOU HAVE NOT PROVIDED OF EVIDENCE THAT YOU HAVE ACHIEVED QUALIFICATION IN A1 OF THE COMMON EUROPEAN FRAMEWORK OF REFRENCE OF LANGUAGE. IT IS NOTED THAT NONE OF THE EXCEPTIONS DETAIL PARAGARAPH 284(ix) of the immigration rules.you have no right of appeal on this decision.

I am in stress to see this deciosn. can any one help please I would be very thankful.

thermalboyz wrote:Cheers Chaz3,

My wife had 5 mths (WP dependent) 04/2012 + 19 mths (ILR Dependent FLR(M)) 04/2014 tho her FLR(M) will expire in 09/2014, called HO last week and confirm her 2 years qualifying ILR can be overlapped. Also told she has FLR(M) therefore should use SET(M).

Does your dependent also has overlapped (WP + ILR) dependent visa? And allowed to combined to qualify the 2 years?

It was straight forward WP dependant application. Successful. My wife got ILR