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Indefinite leave to remain( ILR) for Spouse

Posted: Mon Apr 30, 2012 3:10 pm
by Dech
Hello there,

I herewith write to this board to get your feedback/suggestion on our case regarding ILR.
Background : I came to the UK during Dec2009 under Tier1 dependant spouse visa . My husband applied for indefinite leave to remain ( ILR) during Sep’2011 , but I couldn’t apply at the time as I hadn’t completed the minimum requirement of 2 years stay in the country . Once my husband secured his ILR, as a spouse I had to apply for Further Leave to Remain FLR(M) and gain Biometric Residence Permit ( BRP) to remain a valid dependant of the main ILR visa holder . It’s been a little over 2 yrs ( 28 Months) since I am in the country and I fully meet the minimum requirement, although my BRP visa is valid until Dec 2013 we have decided to go ahead with my ILR application this month so that we both could apply for Naturalisation at the same time. We have referred to the rules under the spouse and civil partners section 287 (Requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom) of the UKBA rules page. http://www.ukba.homeoffice.gov.uk/polic ... _partners/

However we would like to hear some feedback from those who have been in similar scenario like us.

Many Thanks for your feedback/suggestions

Posted: Mon Apr 30, 2012 3:31 pm
by vinaya
I dont see any complications,u'll b fine. good Luck!

Posted: Mon Apr 30, 2012 3:50 pm
by Dech
thank you for your response. We are a bit concerned as we got a different answer when I rang the Bracknell Forest settlement checking service( Phone: 01344 352004) , I was told I could apply under SET(M) catogory only if the applicant completes 2 yrs on a specific visa catogory - which in my case is 21Dec2013 as my BRP visa is valid until then :(

Any thoughts ?

Posted: Tue May 01, 2012 10:15 am
by Dech
Any thoughts on this please

Posted: Tue May 01, 2012 10:22 am
by Dech
Sorry for chasing this. We are now wondering if I should applt with SET(M) application or SET(O) ? We heard mixed info when we called immigration settlement service and UKBA helpdek

Posted: Tue May 01, 2012 10:36 am
by vinny
See also FLR or ILR for my Dependant. You should be eligible to apply for SET(M) (287(a)(i)(d)) now.

Posted: Tue May 01, 2012 11:00 am
by vinny
Dech wrote:Hi mak2000,

Congratulations on your wife's ILR. please can you confirm if she applied with SET(M) or SET(O) application . We got mixed answers when we called UKBA.

I have further leave to remain(FLR) Biometric residence Permit visa as a dependant spouse which is valid until Dec2013, but we are considering to go ahead with my ILR application as I have been in the country over 2 yrs. we have referred to the 287(a)(i)(f) section of the immigration policy but not certain which application to use. Please guide us.

Many Thanks