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Wife ILR

Posted: Tue May 06, 2014 5:41 pm
by Ish51
here is my story
Student June 2007 – Feb 2009 India 20 July 2007
PSW Jan 2009 – Jan 2011 Inside UK
Tier1 General August 2010- August 2012 Inside UK
Tier 1 General Partner July 2012- October 2013 India 07 July 2012
Tier 1 General Partner October 2013 – October 2015 Inside UK

2 years completed on Tier 1 General period of July 2012 to July 2014
Life in UK Test done in August 2013
Entry Stamps are randomly done on the passport page eg, not stamped on the same page where visa is issued

Can I apply for ILR this July and how much salary I need OR my husband need? Which form to fill please

Re: Wife ILR

Posted: Mon Jun 16, 2014 9:01 pm
by Ish51
Any help please

Re: Wife ILR

Posted: Mon Jun 16, 2014 10:12 pm
by Amber
Was your spouse granted ILR as a PBS applicant?

Re: Wife ILR

Posted: Fri Jun 20, 2014 12:11 pm
by Ish51
My wife is ILR dependent and going to finish 2 years in July 14.

We have filled FLR (M) form and she has above 18K salary.

I am ltd company director and earns 660 plus dividend. I take divided every months so do I have to make 3 dividend letters (I am only supplying 3 months earning)?

Re: Wife ILR

Posted: Fri Jun 20, 2014 2:23 pm
by Amber
Why have you completed FLR(M)?

Did you spouse settle as a PBS applicant? State your husband's immigration status.

Re: Wife ILR

Posted: Fri Jun 20, 2014 7:18 pm
by Ish51
Thanks my husband holds ILR currently

Re: Wife ILR

Posted: Fri Jun 20, 2014 8:33 pm
by CR001
You are not providing the information that Amber has asked clarification on.

Did your husband get ILR based on 10 years Long Residency and if he did when was it issued?

Or did you husband get ILR based on 5 years on PBS (Tier 1 or Tier 2) visa?

Re: Wife ILR

Posted: Sat Jun 21, 2014 8:13 am
by Ish51
Sorry 5 years got it last year. He was on tier 1 general

Re: Wife ILR

Posted: Sat Jun 21, 2014 8:32 am
by CR001
then why are you applying on FLR(M)??

Pre 9 July 2012 rules means you can apply for ILR on SET(O) as a PBS dependent. Switching to FLR(M) will reset your clock and you will have to wait another 5 years.

See Tier 1 section in the link below

http://www.immigrationboards.com/immigr ... 14832.html

Re: Wife ILR

Posted: Sat Jun 21, 2014 5:06 pm
by Ish51
I have called home office twice and they mentioned set m form.

I was on tier 1 general and went to my home country to get tier 1 general dependent before 9th July.

Re: Wife ILR

Posted: Sat Jun 21, 2014 5:38 pm
by CR001
It is form SET(O) for PBS dependents.

Re: Wife ILR

Posted: Sat Jun 21, 2014 7:30 pm
by Ish51
My husband got ILR for 5 years. Can you please copy paste the text which shows it is set o please

Re: Wife ILR

Posted: Sat Jun 21, 2014 7:39 pm
by CR001
A person can only apply on Set(M) if they are already on FLR(M).

Have you looked at the form, it is all list there. Bottom right side of page 2 says who must use Se(O)

https://www.gov.uk/government/uploads/s ... _06-14.pdf

Re: Wife ILR

Posted: Sat Jun 21, 2014 9:45 pm
by Amber
CR001 is correct, SET(O) for PBS deps whose partner settled as a PBS applicant. B1 English and LIUK.

Re: Wife ILR

Posted: Mon Jun 23, 2014 4:15 pm
by Ish51
Hello there

I am quite confused by now as I phoned uk border helpline office and they suggested that I have to apply Set(m) as my husband current status is as settled in uk and even on his BRP card it is written settlement so that is why I have to go for set(m) as I am applying for Indefinite leave to remain the uk as a partner of present and settled in the uk.

Please give your inputs.

Thanks

Re: Wife ILR

Posted: Mon Jun 23, 2014 4:20 pm
by CR001
It is Set(O). You are not in the UK on a visa as a spouse of a person Settled (ILR). You have a PBS dependent visa. Have you even looked at the form in the link I provided.

HO is known to give out incorrect information.

The only time you can apply on SET(M) is if you have a visa as spouse of person with ILR or a British Citizen and also if you have switched in country on FLR(M) - you have neither.

Re: Wife ILR

Posted: Mon Jun 23, 2014 5:49 pm
by Ish51
Yes I am having a visa as a spouse of a person settled (ILR )

I have a granted leave to remain twice,firstly on PBS dependent for 1 year as at that time my hubby was due for 1 remaining year on his tier1 general

And second time when he granted ILR I got another further leave to remain on his ILR

So altogether I have combined visa of PBS dependent and ILR dependent 1 year each.

HO considered these all and then suggested me that I have to go for set m form as before they were also saying set (o) but then after considering the situation their final answer is Set(m)

Re: Wife ILR

Posted: Mon Jun 23, 2014 6:01 pm
by CR001
That is not what you have put in the first post where you state :
Tier 1 General Partner July 2012- October 2013 India 07 July 2012
Tier 1 General Partner October 2013 – October 2015 Inside UK
So advice has been given according to what you have said. Look at your visa and reply exactly what it says, otherwise it is just going to be confusing.

Did you apply to switch on FLR(M) at any point and if so, what dates?

Re: Wife ILR

Posted: Mon Jun 23, 2014 6:07 pm
by Ish51
Yes I have switched on Flr(m)

I got these above two visas one as PBS dependent for one year and the other one is on Flr for 2 years

So altogether my 2 year qualifying period on spouse visa is completing on July 2014 so therefore I am intending to applying for ILR

Thanks and sorry for the confusion.

Re: Wife ILR

Posted: Mon Jun 23, 2014 6:13 pm
by Ish51
Yes my second time grant called as Flr(m)

Re: Wife ILR

Posted: Mon Jun 23, 2014 6:20 pm
by CR001
What does your visa say? Type exactly what it says but not your name etc.

When did your spouse get his ILR based on Tier 1?

Re: Wife ILR

Posted: Mon Jun 23, 2014 6:23 pm
by CR001
Ish51 wrote:I have called home office twice and they mentioned set m form.

I was on tier 1 general and went to my home country to get tier 1 general dependent before 9th July.
You really need to clarify what visa category you actually applied for, otherwise it is just to confusing and only you would know what visa it is.

Re: Wife ILR

Posted: Tue Jun 24, 2014 6:32 pm
by Ish51
On my visa it is written leave to remain as partner/spouse

Re: Wife ILR

Posted: Tue Jun 24, 2014 7:48 pm
by Amber
It would appear you switched and thus SET(M) would be the correct form. What date did you switch from PBS dep to spouse/partner leave?

Re: Wife ILR

Posted: Tue Jun 24, 2014 8:11 pm
by Ish51
On 17th October 2013