ILR Rejected for wife - please help

[vinny]

Repeated answer to repeated question.

After the grant of FLR(M), they may be eligible to apply for SET(M) immediately.

I.e. the stay before FLR(M) - Tier 2 dependent - can be combined to calculate these 2 years.

[helpmyilr]

Thanks Vinny.

[helpmyilr]

Hi guys, many thanks for all valuable and timely advice. FLR(M) for my wife and son went through smoothly. I will apply for their SET(M) now.

[helpmyilr]

Hi,

Please could you advice on the following. This is regarding the SET(M) application for my wife and son who are eligible for the same as per your advice:

1. They had done their biometric just 2 months back for their FLR(M). Now for SET(M) do they still have to appear for the biometric or will the UKBA refer to the recent records?

2. Can I apply on their behalf to the PEO? If the biometric is anyway required, can I apply for their SET(M) and they appear for the biometric at a latter stage? (This may sound a bit weird, but its required due to the non-availability of the dates).

Thanks.

[geriatrix]

1. Again.
2. No.

[helpmyilr]

Hi Sushdmehta, thanks for the advice.

[helpmyilr]

Hi All,

First of all I would like to thank you all on this forum for all the valuable and timely advice provided. Had I checked every small bit with yourselves rather than making any assumptions, it would have saved me time and a lot of money ...

The ILR for my wife and son is finally granted. Did it through the Solihull PEO on 10th July and received the biometric cards yesterday. I am reiterating the case here for the befits of others so that they do not make same mistake as me:

* I was on Tier 2 and my family on T2 dependent till July 2011. Myself and my family were eligible for the ILR in July 2011, but there was no family appointment available till Sept. So I decided to apply for the ILR for myself thru the PEO and latter for my family.

* I got my ILR on 28th July 2011 without any hassle.

* I immediately applied for my family through post.

* Their application was rejected on the basis that they were not T2 dependent any more and so the category was invalid. I lost all the fees as well. I appealed against this but got the refusal again after 6 months.

* As per the advice on this forum I them applied for FLR(M) for them which was immediately granted.

* Then I applied for SET(M) based on the new immigration status and that was granted couple of days back.

Another downside of this ignorance from my side is that though I will be able to apply for the naturalization next month, they need to wait even though their total stay is same as mine. Had we done the ILR together we could have applied for the naturalization together.

Thanks again to this forum as it gave me clear directions after committing initial mistakes.