Immigrationboards.com

ssas · Newbie Joined: 16 Oct 2012 Posts: 6

Dear Members,
This is my firs post here and I would really appreciate if someone could help.
I am on Tier 1 general visa which expires on 05/12/2012. On this date I also qualify for the ILR. My wife got visa on 05/10/2010 and entered the UK on 18/01/2011. Her visa also expires on 05/12/2012 which falls 42 days short of 2 years, i believe she needs to spend two complete years in the UK. I believe she should apply through FLR(M) to get 42 days visa and then apply through SET(M). Does any one aware of any impacts it may have e.g English language requirements or 5 years minimum stay etc if she apply later on. She has already passed her Life in the UK test but i am not sure if that would be enough if she applies later on.

sushdmehta · Posted: Tue Oct 16, 2012 6:55 pm Post subject:

How do you intend to apply for your settlement? In person or by post?
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ssas · Newbie Joined: 16 Oct 2012 Posts: 6

Hi,
thanks for your reply. I intend to apply in person. I have booked an appointment on the 19/11/2012 at Glasgow office.
regards.

sushdmehta · Posted: Wed Oct 17, 2012 1:30 am Post subject:

Based on the information available in the posts made by members who applied in-person at PEO Glasgow it appears that there the payment is taken only after the caseworker has assessed your application. In such case:

1. Take two SET(O) forms - one with your wife included as a dependant and the other without her included - to your appointment.
2. Present the SET(O) form with your wife included as your dependant first.

If the caseworker tells you that your wife is not yet eligible for settlement because she has not yet completed 2 years then you can take one of the following two options: -
a) apply on your own using the second form, or
b) request the caseworker to defer your (joint) application until such time that your wife completes the 2 year period.

Do note that if you opt for b) above then your application will be as good as a postal application.
If you opt for a) above then my suggestion would be that your wife applies for PBS dependant leave by post before 05-Dec-12 and if the application is not decided by 18-Jan-13, she should request the PBS dependant application to be varied to settlement application (SET(O) form).

Another suggestion is that you should try to book a (family) appointment closer to 05-Dec-12, instead of attending the 19-Nov one.

A completely different option is to apply for settlement (along with your wife) by post closer to 05-Dec-12.
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Life isn't fair, but you can be!

ssas · Newbie Joined: 16 Oct 2012 Posts: 6

Thank you very much sushdmehta for your very help. I appreciate that. In case if I end up applying for my wife through FLR(M), if that is ever the case, then what additional English language requirements she needs to meet, to what level and what would be the quickest way to achieve this. I live in Scotland. She has already passed her Life in the UK. Thanks in advance.

sushdmehta · Posted: Wed Oct 17, 2012 2:29 pm Post subject:

New English language testing for partners
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Life isn't fair, but you can be!

ssas · Newbie Joined: 16 Oct 2012 Posts: 6

Thanks sushdmehta. Its clear to me now that she needs to apply through Tier1,2 & 5 PBS dependent.
Regards.