Dependant Visa for Spouse who just received ILR

Hi,
My Husband just received his ILR. He was on Tier 2 ICT before and I am still a dependant on the Tier 2 Visa Category.

Now since he has received the ILR, I wanted to check what type of Visa application I need to apply. Is it SET(M) or SET(O)

fabzi wrote: ↑

Mon Aug 23, 2021 6:04 pm

Hi,
My Husband just received his ILR. He was on Tier 2 ICT before and I am still a dependant on the Tier 2 Visa Category.

Now since he has received the ILR, I wanted to check what type of Visa application I need to apply. Is it SET(M) or SET(O)

If you are applying for ILR it will be SET(O)

fabzi wrote: ↑

Mon Aug 23, 2021 6:04 pm

Hi,
My Husband just received his ILR. He was on Tier 2 ICT before and I am still a dependant on the Tier 2 Visa Category.

Now since he has received the ILR, I wanted to check what type of Visa application I need to apply. Is it SET(M) or SET(O)

Can you state your immigration history that has qualified you to consider ILR?

fabzi wrote: ↑

Mon Aug 23, 2021 6:04 pm

Hi,
My Husband just received his ILR. He was on Tier 2 ICT before and I am still a dependant on the Tier 2 Visa Category.

Now since he has received the ILR, I wanted to check what type of Visa application I need to apply. Is it SET(M) or SET(O)

Presumably he got ilr based on 10 years long residence. If so,you cannot apply for ilr unless you meet the requirements for ilr based on 10 years long residence yourself. If you don't qualify for 10 years long residence ilr, you have to apply for a 2.5 years FLR M visa meeting the English and financial requirements.

A tier 2 dependent of a person who got ilr based on long residence is not able to apply for ilr on form Set O 5 years residence.

Set M also does not apply to you if you hold a tier 2 dependent visa.

Thank you for your response.

That’s correct CR. Ok so I don’t fall under any of SeT (O) and Set (M) then

Also what about my child. He is born in the UK and is also on tier 2 dependant visa for 3 + years.

You need to switch to FLR m spouse visa meeting all the requirements if you don't have 10 years long residence lawful stay.

Your UK born child can be registered as British on form MN1.

Ok. Thank you

Three more queries plz

1. For FLR M can I only apply 28 days before my current visa expiry
2. Will switching to this category of visa will have any implications on me getting ILR?
3. If i don’t wish to apply for citizenship for My child atm can I apply for FLR M for him alongside my application

1. You can apply at any time but sooner rather than later and especially apply first if you ha e travel plans abroad.

2. Your 5 year ilr clock resets to zero and you have to wait another 5 years, that's 2 X 2.5 year visas, before you can apply for ilr based on 5 years residence. If you at any point teach 10 years lawful stay,you can apply for ilr.based on 10 years long residence. You have not stated how long you have been in the UK.

3. Yes, include the child with your FLR m application. You have to pay the visa fee and IHS fees for the child which is about £2000. Note that a UK born child can only apply to register as British once a parent is granted ilr until the child is 18, it is an entitlement to register. After that,the child will have to follow the same route as the parents, IE visa, ilr, English B1 and liuk to apply to naturalise as an adult.

Than you for the reply to the queries.

I have completed 4.5 years under the current visa

Hi All,

While applying for FLR M application I am getting a question that says:

Is your current entry clearance or leave to remain as the partner of one of the following?

British citizen
Person settled in the UK
Person with ....
Two more options

Not sure if I select the second option as now my partner has the settlement but my current entry clearance was based on my partners T2 ICT route

Also if I select yes I am given one more question that says - Were you originally granted leave on the basis of an application made before 9 July 2012 as a partner on the family route ?

Can someone please advise what options to go for

It is NOT the second options.

What are the "two other" options??

Person with refugee leave
Person with pre settled status under EUSS
Person who has Turkish Ecaa worker

What is the third complete option or is there an"other" option as none that you listed apply to you

Yes so basically it’s a yes or no question if I say yes I choose from the options listed otherwise I can select no and carry on but just confused about the the partner of a settled person

It's no as your current visa is NOT a partner in the list.

Ok but isn’t the whole point of this visa (FLR M)is the Partner of a settled person - this is what is getting me confused.

Apologies for Re iterating the same thing

Yes, but you are applying to switch to FLR M, which is different to the particular question asking if your CURRENT VISA is as a partner of a settled person, which it is not. Your current visa is as a tier 2 dependent.

Ok got it .Thanks so much Cr001.

Will carry on with rest of the form then