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ILR Set (M) query - Please help

Posted: Mon Feb 04, 2019 1:16 pm
by gapgopi781
Hello Everyone
Thank you for the team for offering support in various immigration questions.
I am applying for my wife ILR visa. After reading few topics under the ILR forum, I am not 100% sure hence seeking out your help. Please kindly see below

Wife entry to UK as Tier 1 dependent : 08-Mar-2014
I got ILR / my wife extension at same time : 07-Jun-2016

Is my wife eligible for ILR visa via set (M) application from 8 Mar 2019 ? I read below topic and got confused that my wife have to be dependent under my ILR visa for 5 years rather than her cumulative period of her stay in UK for 5 years ( Tier 1 dependent + ILR dependent)

indefinite-leave-to-remain/ilr-set-m-ap ... 65728.html

Appreciate your help

Re: ILR Set (M) query - Please help

Posted: Mon Feb 04, 2019 2:14 pm
by CR001
I got ILR / my wife extension at same time : 07-Jun-2016
Did she change her visa on form FLR(M) after you got ILR in 2016?? Did you apply for ILR based on 5 years PBS route or 10 years long residence??
Is my wife eligible for ILR visa via set (M) application from 8 Mar 2019 ? I read below topic and got confused that my wife have to be dependent under my ILR visa for 5 years rather than her cumulative period of her stay in UK for 5 years ( Tier 1 dependent + ILR dependent)
If she changed visa in 2016 to FLR(M) spouse visa, then she doesn't qualify for ILR yet. She cannot combine time spent as Tier 1 Dependent with ILR dependent to make up 5 years for ILR. She needs 5 years on FLR(M) Spouse visa before she can apply for ILR.

Re: ILR Set (M) query - Please help

Posted: Mon Feb 04, 2019 2:43 pm
by gapgopi781
Thank you CR0001 for prompt response.
I am not sure at the time of application which form is being used to extend her visa during June 2016. I have gone through all HO letters but cannot see which category the application is made.

I got my ILR via Tier 1 General ( 5 year route) during June 2016.

Her initial visa on passport says - Tier 1 dependent / Partner
Her renewed visa on BRP says - PBS dependent

Please can you help and happy to provide more information if needed

Re: ILR Set (M) query - Please help

Posted: Mon Feb 04, 2019 4:40 pm
by CR001
Her initial visa on passport says - Tier 1 dependent / Partner
Her renewed visa on BRP says - PBS dependent
In that case, she does NOT hold a 'ILR dependent' visa, which is the FLR(M) spouse settlement visa.

She can apply for ILR on form SET(O) no sooner than within 28 days of her initial PBS Tier 1 dependent visa issue date.

Re: ILR Set (M) query - Please help

Posted: Mon Feb 04, 2019 5:59 pm
by gapgopi781
Thats great, thank you for confirmation CR001. We are relieved that we can go ahead with ILR application.
also thank you for confirmation that the approriate from is Set (O), Not Set (M)