Set (M) spouse, new jobs whilst awaiting decision

Good day.

My step son is on my wifes FLR (M) visa, 5 year route. It is time for their ILR, my step son was under 18 when entered so can continue on my wife's visa application. He has passed his Life in UK exam for ILR. Problem is, my wife does the exam on Monday, and although she has studied between work and hospital emergency over 2 months, we are not sure if she will pass.

If my wife does not pass, so can not get ILR (M) so will need FLR (m) extension. Can my step son get ILR (m) even though his previous visa applications were part of my wife's?

I know my wife can resit 7 days later, she could have one attempt more, but because of having stress with her work and medical emergency this last month, I don't know if she is mentally going to cope with a resit after a fail. The visa process is stressful enough!

I couldn't find any posts on this sort of situation. Thank you for any help.

Dosedmonkey1 wrote: ↑

Sat Sep 18, 2021 12:35 pm

If my wife does not pass, so can not get ILR (M) so will need FLR (m) extension. Can my step son get ILR (m) even though his previous visa applications were part of my wife's?

I believe he can, see
https://www.gov.uk/settle-in-the-uk/y/y ... t-applying

to start the application click on the "apply online" link. You can save the incomplete application at any stage and go back to it later.

My understanding is that your son will qualify when your spouse applies for ilr.

I cannot see anywhere in the link provided that he can apply on his own if his mother doesn't have ilr or is applying at the same time as he is.

Thank you for your reply CR001

manci wrote: ↑

Sat Sep 18, 2021 4:58 pm

Dosedmonkey1 wrote: ↑

Sat Sep 18, 2021 12:35 pm

If my wife does not pass, so can not get ILR (M) so will need FLR (m) extension. Can my step son get ILR (m) even though his previous visa applications were part of my wife's?

I believe he can, see
https://www.gov.uk/settle-in-the-uk/y/y ... t-applying

to start the application click on the "apply online" link. You can save the incomplete application at any stage and go back to it later.

"You may be eligible for settlement (‘indefinite leave to remain’) if both of the following are true:

you live in the UK with both of your parents
both of your parents are either British citizens or settled in the UK

You may also be eligible if you live in the UK with one parent who’s a British citizen or settled in the UK, if any of the following are true:

the parent you live with has sole responsibility for looking after you
your other parent is dead
there are compelling reasons why you should be allowed to stay in the UK"



Sadly I read this as my wife would require to be settled (e.g. ILR) prior or at the same time as my step son being able to apply.

It makes sense as his reason to be in the UK is to be with her. However I am just trying to see if we could save £3,000 of another FLR + IHS cost. The visas fees are crippling if you have kids (e.g. doubles or triples or more).

Your stepson is a dependant and so cannot qualify on his own for ILR unless he has been here for 10 years.

Good Evening,

Just going through our application again, trying to do final checks, going back to Dependent child section, after all our sons details, at the end there is two final parts.

1."Additional child information
Would you like to provide any other information to show that you have a genuine and active parental relationship with Mr xxxxxx?" - which we filled in.

Followed by the puzzling separate page question,

2. "Spouse / partner details
Are you and your partner married or in a civil partnership?" Yes or No.

But it is not clear if it is referring to the parents or the dependent child. Even though on wife's application we are clearly married and at beginning of dependent child application we have declared him single. Is this some sort of a trick question? Don't want to say no we are not married when we have declared we are, but don't want to say our son is married when we have rightly said he is single already.?

I see I am not the first to be confused by this;

indefinite-leave-to-remain/puzzling-que ... 09656.html

Good morning.

We have made my wife's spousal settlement (M) IRL application.

I read her visa status continues until decision. Does that mean she can continue to apply for and change to new jobs/work until then? Or does it only mean staying with the same employer (maybe that is only for work visas and not family)?


She quit her job last week after her manager shouting at her after she was genuinely off sick (long story, sounds like he has been sacked or moved now because we had doctors note). So we really need to know of she needs to find a new permanent job before her BRP expires or if she can get new jobs after. Thank you.

Dosedmonkey1 wrote: ↑

Sun Sep 26, 2021 10:03 am

We have made my wife's spousal settlement (M) IRL application.

I read her visa status continues until decision. Does that mean she can continue to apply for and change to new jobs/work until then

You are correct, your wife's visa conditions incl. the right to work continue until a decision is reached on her SET(M) application, so she can be employed. However, unless it is a short-term job it may be problematic finding an employer if her BRP expires in the near future because the employer will use the BRP to check her right to work.

After the expiry of her BRP and before the decision on her SET(M) application this will be even more difficult.

After a positive decision on her SET(M) application she will be free from immigration control but before she gets her BRP, which can take some time, an employer would need to use the Employer Checking Service to confirm her right to work.

Well there is two systems for checking right of work online now.

Citizens advise has some information here;

https://www.citizensadvice.org.uk/work/ ... in-the-uk/

The two websites used to check, one for employee and another for employer;

Employer checking service;
https://www.gov.uk/employee-immigration ... ent-status

Employee code generator;
https://www.gov.uk/prove-right-to-work

Anyone tried these whilst waiting for an application?

Wondering when it will work. Citizens advice says up to 14 days!!