AM I ELIGIBLE FOR ILR????

[Jazbashir007]

PLEASE ADVICE OR HELP IF ANY ONE HAS INFO ABOUT IT.

Tier 2 sponsor details:
Entered in UK in June 2009 and 10 year completed in June 2019.
Got Tier 2 visa in May 2014 and completed 5 years on May 2019.
I was eligible for ILR on both the above but I preferred to get ILR on 10 years or long residency basis.
Tier 2 dependant details:
Entered in UK on tier 2 dependent visa in October 2014 and then got extension on tier 2 visa in 2017 and visa is valid till April 2020.
Because she has completed 5 years on tier 2 dependent visa so I applied for ILR same day service on that basis and filled the SET M application form online and done bio metric in Croydon but second day UKVI given the following answer,

“Thank you for your recent application to settle in the UK as the partner of a person, who is in the UK and settled here.
Your application has been made using form SET(M), which is considered according to the criteria laid down in Appendix FM of the Immigration rules.
However, we note from your immigration history you entered the UK with Entry Clearance under the Tier 2 route valid from 08/10/2014 to 25/05/2017 and you were then granted leave as a Tier 2 Dependent Partner Applying With Relatives from 18/05/2017 to 21/04/2020.
Therefore you have no qualifying time on the Settlement Marriage route under Appendix FM. As such were your application to proceed it is highly unlikely that your application for settlement would succeed and result in a grant of Indefinite Leave to Remain. (ILR)
Accordingly, we would like to give you the opportunity to review your application.
If after you have reviewed your application, you would like to vary (change) your application to one on another route to settlement, please advise us of your decision within 14 days of the date of this letter.
If you advise us, that you have decided to vary your application and not use the SET(M) route, we will pass your application to the team dealing with the route you have now chosen.
Please note, the transfer of your application to another team does not imply it will accepted, it will still be subject to consideration under the criteria of the new route

you have chosen. Furthermore, there may a difference in the fees required to consider your application and the new team will contact you regarding this, if this is the case.
If you chose not to vary your SET(M) application or do not reply within 14 days of the date of this letter, your application will then be considered using the criteria laid down in Appendix FM.
If you are unclear about what your choices are, you are strongly urged to consult with an accredited Immigration Adviser for further guidance.
Please note as we have responded to yourself within the 24 hours service standard, we have met our obligation under the Super Priority Fee and you will not be eligible for a refund of the Super Priority Fee.
We look forward to hearing from you.
Yours Sincerely,”

PLEASE SUGGEST ME SHOULD I APPLY FOR HER ILR OR EXTENSION?? IF ILR THEN WHICH APPLICATION SET M OR SET O????

[CULLINAN]

PLEASE ADVICE OR HELP IF ANY ONE HAS INFO ABOUT IT.

Tier 2 sponsor details:
Entered in UK in June 2009 and 10 year completed in June 2019.
Got Tier 2 visa in May 2014 and completed 5 years on May 2019.
I was eligible for ILR on both the above but I preferred to get ILR on 10 years or long residency basis.
Tier 2 dependant details:
Entered in UK on tier 2 dependent visa in October 2014 and then got extension on tier 2 visa in 2017 and visa is valid till April 2020.
Because she has completed 5 years on tier 2 dependent visa so I applied for ILR same day service on that basis and filled the SET M application form online and done bio metric in Croydon but second day UKVI given the following answer,

“Thank you for your recent application to settle in the UK as the partner of a person, who is in the UK and settled here.
Your application has been made using form SET(M), which is considered according to the criteria laid down in Appendix FM of the Immigration rules.
However, we note from your immigration history you entered the UK with Entry Clearance under the Tier 2 route valid from 08/10/2014 to 25/05/2017 and you were then granted leave as a Tier 2 Dependent Partner Applying With Relatives from 18/05/2017 to 21/04/2020.
Therefore you have no qualifying time on the Settlement Marriage route under Appendix FM. As such were your application to proceed it is highly unlikely that your application for settlement would succeed and result in a grant of Indefinite Leave to Remain. (ILR)
Accordingly, we would like to give you the opportunity to review your application.
If after you have reviewed your application, you would like to vary (change) your application to one on another route to settlement, please advise us of your decision within 14 days of the date of this letter.
If you advise us, that you have decided to vary your application and not use the SET(M) route, we will pass your application to the team dealing with the route you have now chosen.
Please note, the transfer of your application to another team does not imply it will accepted, it will still be subject to consideration under the criteria of the new route

you have chosen. Furthermore, there may a difference in the fees required to consider your application and the new team will contact you regarding this, if this is the case.
If you chose not to vary your SET(M) application or do not reply within 14 days of the date of this letter, your application will then be considered using the criteria laid down in Appendix FM.
If you are unclear about what your choices are, you are strongly urged to consult with an accredited Immigration Adviser for further guidance.
Please note as we have responded to yourself within the 24 hours service standard, we have met our obligation under the Super Priority Fee and you will not be eligible for a refund of the Super Priority Fee.
We look forward to hearing from you.
Yours Sincerely,”

PLEASE SUGGEST ME SHOULD I APPLY FOR HER ILR OR EXTENSION?? IF ILR THEN WHICH APPLICATION SET M OR SET O????

The day you opted for ILR on long residence basis, your dependent did not qualify for an ILR on the Tier 2 dep i.e. a PBS route.

You will have to apply for FLR(M) for her, which will reset her ILR clock. Dependent has to meet the income requirements also for FLR(M).

She will qualify for ILR after 5 years on FLR(M) visa.

Wait for someone else to confirm this also.

https://www.gov.uk/government/publicati ... -form-flrm

[CULLINAN]

You will have to vary your application to FLR(M) and only qualify for ILR in 2024.

[zimba]

PLEASE ADVICE OR HELP IF ANY ONE HAS INFO ABOUT IT.
PLEASE SUGGEST ME SHOULD I APPLY FOR HER ILR OR EXTENSION?? IF ILR THEN WHICH APPLICATION SET M OR SET O????

You were explicitly advised in July that your wife will NOT be eligible for ILR under PBS given that you got ILR under long residence: uk-tier-2-employer-sponsored-visas/tier ... l#p1808792

Why are you asking for this advice again as you do not seem to care for the one given to you before ??!
PBS dependant route is NOT the same as family/spouse route. These two routers are different !
I repeat the advice given before, your wife MUST switch to FLR(M). Given you got ILR under long residence she cannot remain under PBS route or get ILR under PBS route. Vary the current SET(M) application to FLR(M). She will only be eligible for ILR in 2024

[CULLINAN]

@Jazbashir007.

Sadly, you will have to bear the consequences for 5 years and think about not following the advice given in July!

[Jazbashir007]

Dear respected members!

Thank you so much for your information you shared. Today I meet with three different immigration solicitors and all of them said “ YOU HAVE TO APPLY SET (O)APPLICATION FORM FOR HER ILR INSTEAD OF SET (M)” in your current circumstance as your wife has completed her 5 years on tier2 dependent and still on tier 2 dependent visa valid until April 2020.

Now I am in trouble and I do not know that what to do and where to go?

Thank you all again. Regards.

[CR001]

Dear respected members!

Thank you so much for your information you shared. Today I meet with three different immigration solicitors and all of them said “ YOU HAVE TO APPLY SET (O)APPLICATION FORM FOR HER ILR INSTEAD OF SET (M)” in your current circumstance as your wife has completed her 5 years on tier2 dependent and still on tier 2 dependent visa valid until April 2020.

Now I am in trouble and I do not know that what to do and where to go?

Thank you all again. Regards.

She does NOT qualify for ILR on SET(O) as a PBS Dependent as you got ILR based on long residence. The rules about this changed more than 5 years ago, see link below. Whoever you have asked is clearly not very clued up on immigration rules.

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

She also does NOT qualify for ILR on form SET(M) as she has NOT held a spouse visa under Appendix FM immigration rules for the last 5 years. PBS Dependent visa does not count here.

Her only option is to apply on FLR(M) and meet the English and financial requirement to get a 2.5 year visa and start her new 5 year route to ILR.

[zimba]

Dear respected members!

Thank you so much for your information you shared. Today I meet with three different immigration solicitors and all of them said “ YOU HAVE TO APPLY SET (O)APPLICATION FORM FOR HER ILR INSTEAD OF SET (M)” in your current circumstance as your wife has completed her 5 years on tier2 dependent and still on tier 2 dependent visa valid until April 2020.

Now I am in trouble and I do not know that what to do and where to go?

Thank you all again. Regards.

All of them are wrong as you got ILR under long residence (maybe you didn't tell them this !!?). The PBS dependants can only get ILR under SET(O) if the main applicant (YOU) was or is being granted ILR under PBS route too (NOT long residence route). Your dependents cannot even remain under PBS route at the moment let alone getting ILR

[yawar]

Hi Zimba,
I just received a phone call from my friend and he forwarded my the email which he received from Case worker. His wife has been granted ILR. This is the first time when solicitors were right and immigration-board community was wrong.
Couple of days ago after consulting the solicitors; My friend sent an email to the case worker and asking him to change his application from SET(M) to Set(O). Yesterday he received an email from caseworker that you don't have to fill out new form or do anything. Caseworker just needed a permission to transfer his case to SET(O) team. Which was confirmed yesterday and today he received email from case worker of SET(O) team stating that
" I am pleased to confirm that your application for indefinite leave has been granted. You will receive your decision letter in due course which will explain your leave in more details.
Your Biometric Resident Permit (BRP) may take up to 10 working days to be delivered from the date of this email. If it does not arrive after 10 working days please contact us via the following link.
There was a link.
Thank you for using super priority service.
King Regards,
Case worker name. "

This forum has been very helpful so i thought i should let you guys know about it.
Thank you

[CR001]

Hi Zimba,
I just received a phone call from my friend and he forwarded my the email which he received from Case worker. His wife has been granted ILR. This is the first time when solicitors were right and immigration-board community was wrong.
Couple of days ago after consulting the solicitors; My friend sent an email to the case worker and asking him to change his application from SET(M) to Set(O). Yesterday he received an email from caseworker that you don't have to fill out new form or do anything. Caseworker just needed a permission to transfer his case to SET(O) team. Which was confirmed yesterday and today he received email from case worker of SET(O) team stating that
" I am pleased to confirm that your application for indefinite leave has been granted. You will receive your decision letter in due course which will explain your leave in more details.
Your Biometric Resident Permit (BRP) may take up to 10 working days to be delivered from the date of this email. If it does not arrive after 10 working days please contact us via the following link.
There was a link.
Thank you for using super priority service.
King Regards,
Case worker name. "

This forum has been very helpful so i thought i should let you guys know about it.
Thank you

How is your post relevant to the original posters query that you are simply tagging onto??

[yawar]

[/quote]
How is your post relevant to the original posters query that you are simply tagging onto??
[/quote]

I thought i should update it on this post where everyone suggested that ILR can not be applied. I'll ask my friend to create a new post and update the case their.

[CR001]

How is your post relevant to the original posters query that you are simply tagging onto??
[/quote]

I thought i should update it on this post where everyone suggested that ILR can not be applied. I'll ask my friend to create a new post and update the case their.
[/quote]
Without anyone understanding your friends circumstances, how do you expect anyone to make any type of comment on what the solicitor says is correct and the forum says is wrong. You have recently created another post about a 'friend'.

Note that ILR issued in error, if this is the case, can be revoked.

[yawar]

How is your post relevant to the original posters query that you are simply tagging onto??

I thought i should update it on this post where everyone suggested that ILR can not be applied. I'll ask my friend to create a new post and update the case their.
[/quote]
Without anyone understanding your friends circumstances, how do you expect anyone to make any type of comment on what the solicitor says is correct and the forum says is wrong. You have recently created another post about a 'friend'.

Note that ILR issued in error, if this is the case, can be revoked.
[/quote]
In that case; i'll ask him to just not bother to share the information here. Thank you