SET(M) : Eligibility of my wife (dependant)

[chiraj]

Dear experts,

I am very confused with very little information and different advice I have got about my wife's eligibility as my dependant in my ilr application.

To give you a background:
I came to UK in Apr 2006 on work permit and after two and half years I got my Tier 1 General visa which expires in Oct 2011. I believe that I am now eligible for an ILR as I will be completing 5 years in combination of WP and Tier 1.

I got married in May 2009 when she was Tier 1 Post study work visa holder. We applied for her dependant visa only last year in June 2010.

I am confused that she's not eligible to apply as my dependant because she hasn't completed two years as my dependant. Is that true?

There's very little information online. I tried to ring to UKBA helpline couple of times but I got confusing responses each time.

I have already booked an appointment for myself for 21th March. Should I change the appoinment and take a risk of applying her as well as my dependant? Will she be considered?

Any urgent advice will be highly appreciated.

Thanks,
Chiraj

[geriatrix]

If you both started living together only after May 2009, then she is not yet eligible for settlement (i.e.- at the same time as you).

Why not wait until she completes 2 years (May 2011) and then apply together?

If worried about the changes to settlement requirements for PBS migrants coming into effect from 06-Apr-11, then don't cancel the 21-Mar appointment at the moment. Hopefully, the details of the changes will be announced before 21-Mar (hopefully, not sure) and take a call then. If changes affect you, apply for self. If not, wait until May 2011 and apply together.



regards

[chiraj]

Thanks for your advice. I think I  Will apply for myself for now.

I am still confused about my wife's eligibility. Is it two years of marriage or two years of dependent visa?

Regards
Chiraj

[geriatrix]

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.

The immigration status of the dependant during this 2 year period is not of relevance.

But yes, to be eligible for settlement at the same time as the PBS migrant, the dependant applicant must be on "dependant immigration status" on the date of such application.

And, SET(M) is not the form to use - either for you or your wife.



regards

[chiraj]

Ok. It means my wife is eligible in may 2011 for sure we don't have to wait for 2 years of dependent status.

If set-m is not the form for us then which one is it?

Thanks for your time and help.

Regards

[geriatrix]

SET(O) if you are applying (for self only or jointly i.e.- including your wife as a dependant).


regards

[chiraj]

Thanks for pointing that out.

I saw online that they now have an interactive form and a pay and print service which I am thinking of using. Is it any good or should I go for the standard print the form, manually fill the details, and pay by card when u apply in person?

Regards