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Husband is Work Permit holder applying for ILR SET(M)

Posted: Tue Apr 06, 2010 10:08 pm
by Volks
Hello to all seniors, I got my british citizenship in 2008. I'd like to know if my husband would be qualified to apply for ILR SET (M).

He arrived and work here in the UK on September 2007 under work permit visa (tier 2 - company sponsored) up to present.
We got married on December 2008, i.e. been living together for 1yr. & 3 months now.

My question is will he be qualified to apply for ILR SET (M)?

I would appreciate your responses.

Posted: Tue Apr 06, 2010 10:19 pm
by MPH80
No - SET(M) is for those here present on a visa as a spouse of a british citizen or someone settled here.

If he hasn't changed onto that visa and is still on his WP - then no.

Posted: Wed Apr 07, 2010 2:13 pm
by gd_chandrasekar
I believe he has to apply FLR(m) as your dependent and after two year he will be eligible for citizenship.
If he is still under WP then even after 2 years I think he will not be eligible.

Lets see what others have to say on this.

Posted: Wed Apr 07, 2010 11:00 pm
by Volks
MPH80 and gd_chandrasekar, thank you guys for your replies..

I've read through one posting, http://www.immigrationboards.com/viewtopic.php?t=53764, by "cheers2boss" wherein he quoted this:
"Hi guys, Thank you all for sharing the info. I got ILR for myself/Wife/kid yesterday at Croydon PEO. So the requirement is only that the spouse should live with you in UK for 2 years and not necessarily be in Tier1 dependant visa. Hope this will be useful for others.....let me know if you need any further information"

If this is how it works, it looks like we just have to wait for 2years of cohabitation in order for my husband to qualify for ILR.

Any comments please...

Posted: Thu Apr 08, 2010 7:54 am
by gd_chandrasekar
be sure that you husband name is in all your utiliti bills and rental agreement or likes of it.

since he is not in your dependant visa, you need to prove that both were living together for the said years, so need to submit all proofs for those years..
Volks wrote:MPH80 and gd_chandrasekar, thank you guys for your replies..

I've read through one posting, http://www.immigrationboards.com/viewtopic.php?t=53764, by "cheers2boss" wherein he quoted this:
"Hi guys, Thank you all for sharing the info. I got ILR for myself/Wife/kid yesterday at Croydon PEO. So the requirement is only that the spouse should live with you in UK for 2 years and not necessarily be in Tier1 dependant visa. Hope this will be useful for others.....let me know if you need any further information"

If this is how it works, it looks like we just have to wait for 2years of cohabitation in order for my husband to qualify for ILR.

Any comments please...

Posted: Thu Apr 08, 2010 10:50 am
by bani
That case is different from yours. Poster's wife had a dependent visa (though for less than 2 years). Poster and wife applied to get ILR together. They would have used Set(O) because poster had Tier 1.

In your case, you want to know if your husband can get ILR based on marriage to a British citizen for two years. He should have switched to a spouse visa after your wedding to be able to use Set(M). Because he has Tier 2, he will have to use Set(O) now and the requirement is currently 5 years. Or he could switch to a spouse visa now.

This has happened to a few of my coworkers/friends who married British citizens. They all had to complete 2 years on a spouse visa before they could apply for ILR based on Set(M). Time they spent on WP did not count towads ILR (even though they were already married while on WP).
Volks wrote:MPH80 and gd_chandrasekar, thank you guys for your replies..

I've read through one posting, http://www.immigrationboards.com/viewtopic.php?t=53764, by "cheers2boss" wherein he quoted this:
"Hi guys, Thank you all for sharing the info. I got ILR for myself/Wife/kid yesterday at Croydon PEO. So the requirement is only that the spouse should live with you in UK for 2 years and not necessarily be in Tier1 dependant visa. Hope this will be useful for others.....let me know if you need any further information"

If this is how it works, it looks like we just have to wait for 2years of cohabitation in order for my husband to qualify for ILR.

Any comments please...

Posted: Fri Apr 09, 2010 5:01 pm
by Volks
gd_chand. and bani..thanks for your replies..

If my husband decide to change his visa from wp to spouse dependent will it not affect his present employment?

Appriciate your comments.