SETM or FLRM

[hello32]

Hi every one

I have got ILR under the 10 year long residency category in September 2012 nine year student and 1 year tire 1 PSW, my wife is living with me from last more than 6 years I went to Corydon for changing her states from PSW dependent to ILR dependent I did fill FLR(M) we went there they check us on ground floor and send us to 1st floor to pay fees then waiting hall after waiting of 40 min someone call us he check our documents and then ask us to go for biometrics after our biometric we wait like 2 hours then our name was called we went to desk and hand over all the documents to the case worker this time there was girl who asked us to sit behind and wait after 10 min she called us and asked me why we are there I explained her that I got ILR under the long residency I need to convert my wife visa she said that she didn’t need FLRM she is qualifying for settlement we didn’t need to fill FLR(M) we suppose to fill SET(M) as my wife PSW depend visa is going to expire in May 2013 the case worked told us that she was going to return our fee and we need to apply in April for settlement with SET(M) I asked her that was she sure about it she contact to her manager and senior case worker and they told her that according to 319c and 287(a)(i)(d) she qualify for settlement I asked her that if she could give me in writing it will be good for me then she said if she give me in writing she won’t give me my money back as she is working in my case, she said that she wrote in the system whenever we come for settlement anyone who deal our case will see that and grant my wife ILR now the problem is I have asked quite of few solicitors every one saying that my wife has to apply FLRM not SETM any one can give me clarification about it,
Responses will be much appreciated

[Damanisshallo]

Hi every one

I have got ILR under the 10 year long residency category in September 2012 nine year student and 1 year tire 1 PSW, my wife is living with me from last more than 6 years I went to Corydon for changing her states from PSW dependent to ILR dependent I did fill FLR(M) we went there they check us on ground floor and send us to 1st floor to pay fees then waiting hall after waiting of 40 min someone call us he check our documents and then ask us to go for biometrics after our biometric we wait like 2 hours then our name was called we went to desk and hand over all the documents to the case worker this time there was girl who asked us to sit behind and wait after 10 min she called us and asked me why we are there I explained her that I got ILR under the long residency I need to convert my wife visa she said that she didn’t need FLRM she is qualifying for settlement we didn’t need to fill FLR(M) we suppose to fill SET(M) as my wife PSW depend visa is going to expire in May 2013 the case worked told us that she was going to return our fee and we need to apply in April for settlement with SET(M) I asked her that was she sure about it she contact to her manager and senior case worker and they told her that according to 319c and 287(a)(i)(d) she qualify for settlement

287(a)(i)(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here;

We always thought this was the case, may be they've started to realise this.
However, sushdmehta once told me the below. May be this person can clarify your doubt.

How can the person in question use SET(M) form when FLR(M) leave has not yet been granted and the person's immigration category remains the same as the one that she was under (PBS migrant) before applying for FLR(M), by virtue of Section 3C?

[angel62]

Hi,
I will be in a same situation in future.There is a lot of confusion about PBS dependents of main migrant who got ILR under long residency.

Why the case worker asked to apply in April using Set(M) why not the same day or the next day.

Just to confirm that PBS dependent(main migrant who got ILR under long residency) got entry clearance and then extension before 9 July 2012 .
Need to show income of £18600 using FLR(M) or using SET(M) ?

There is also confusion if apply settlement without using FLR(M) then whether use SET(O) or (SET M)?

I will be very thankful if anybody help me in this regard.

[Greenie]

The caseworker is wrong. see this thread

[angel62]

DEAR Hello32
Please update us your wife application progress as I will be in the same situation in future and it will help me.
Further any PBS dependent who obtain leave to remain before 9 July 2012 if that dependent later switch to FLR(M) and then for settlement using SET(M)
then income requirement of £18600 will apply or not?
I will be very thankful to you
kind regards,
Angel62
26 december 2012

[sreepujari]

same situation
http://www.immigrationboards.com/viewto ... 815#753815

[z18runway]

http://www.immigrationboards.com/viewtopic.php?t=121587

in this topic this OP dependent has got 2 years visa, so how controversy is that caseworker statement is

[hello32]

Hello
My friends I am back with very good news let me tell you angel62 why case worker told us to apply in April because my wife didn’t pass LIUK test which she passed 22nd March after 6 April forms change and we were not able to fill SET(M) which was told us so what I did I fill SET(O) we went to home office Croydon on 22nd of April after paying fee we were called in front of case worker she took all our documents feed something in computer and sent us for biometrics she gave us all the documents back we went for biometric where after biometric our documents had taken and told us to wait in café or can go out site we waited nearly 2 hours our no was called we went there another lady was sitting there and told us that our application had successful for ILR we would get my wife BRP in 2 to 10 working days and today we got BRP card with 10 year expire
Wish you all the best all of you and wait to hear good news from your side

[jbm]

Hello
My friends I am back with very good news let me tell you angel62 why case worker told us to apply in April because my wife didn’t pass LIUK test which she passed 22nd March after 6 April forms change and we were not able to fill SET(M) which was told us so what I did I fill SET(O) we went to home office Cro..................................side

is partner allow to accompany applicant at PEO appointment. i mean you and your wife both allowed to attend together your wife appointment.??

[vinny]

Hello
My friends I am back with very good news let me tell you angel62 why case worker told us to apply in April because my wife didn’t pass LIUK test which she passed 22nd March after 6 April forms change and we were not able to fill SET(M) which was told us so what I did I fill SET(O) we went to home office Croydon on 22nd of April after paying fee we were called in front of case worker she took all our documents feed something in computer and sent us for biometrics she gave us all the documents back we went for biometric where after biometric our documents had taken and told us to wait in café or can go out site we waited nearly 2 hours our no was called we went there another lady was sitting there and told us that our application had successful for ILR we would get my wife BRP in 2 to 10 working days and today we got BRP card with 10 year expire
Wish you all the best all of you and wait to hear good news from your side

Lucky?

[hello32]

yup we allowed to sit in ront of case worker

Hello
My friends I am back with very good news let me tell you angel62 why case worker told us to apply in April because my wife didn’t pass LIUK test which she passed 22nd March after 6 April forms change and we were not able to fill SET(M) which was told us so what I did I fill SET(O) we went to home office Cro..................................side

is partner allow to accompany applicant at PEO appointment. i mean you and your wife both allowed to attend together your wife appointment.??