ILR - 10 Long Residence Question

Hello everybody. I am new here, and found this forum to be extremely useful. Managed to find answers to many questions I had.

Here's a couple of questions that I couldn't find any answers to:

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I am applying for ILR under the Long Residence (10Year) category.

My question relates to the Leave to Remain status of my wife.

I am currently on HSMP and my wife has LTR as my dependent for the last 2.5 years (1 year under my work permit + 1.5 year under my HSMP after I switched)


I understand that under the long residence rule, my wife does not qualify for ILR as a dependent. Hence the guideline for SET(O) form says that she should apply for FLR using form FLR(M).

However, guideline for SET(M) and Part 8 (Paragraph 287) of Immigration Rules seems to indicate that she can actually apply for ILR for having completed more than 2 years of LTR as my dependent, once I have been granted ILR.

What is unclear in the SET(M) guideline is whether the 2-years LTR qualifying period that my wife has to complete in order to qualify for ILR starts:

(i) After I have been granted ILR, or
(ii) 2.5 years ago, when all her LTR since then were as my dependent

I have a sinking feeling that (i) applies.

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I intend to apply in person at the PEO. Can i make an appointment for my own ILR application in the morning and another one for my wife's FLR(M)/SET(M) in the afternoon of the same day?

This way, we can proceed with her application once mine has been approved. And can I cancel her afternoon appointment if my ILR has been refused in the morning (not saying that i expect that to happen, but you'll never know) ? Do we still have to pay the £950 if we cancel the appointment?

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Thanks in advance for any answer.

Read this post at the following link:

http://www.immigrationboards.com/viewtopic.php?t=15844

Call the PEO for further guidance if you are not sure.

Hi jes2jes,

I have read the link you mentioned. But my case is slightly different, as my wife has actually completed more than 2 years on a LTR as a dependent.

Depending on how one interprets Part 8 (Paragraph 287) of Immigration Rules, my wife can actually apply for ILR on that basis. The central question is how will BIA intepret the law. Does the 2-years LTR qualifying period that my wife has to complete in order to qualify for ILR starts:

(i) After I have been granted ILR, or
(ii) 2.5 years ago, when all her LTR since then were as my dependent

If it is (ii), then she qualifies under SET(M), otherwise it's FLR(M) for her.

Thanks.