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Can any one please help with the below query.

I am a work permit holder from last 5 years (Some time back changed to Tier-2 ICT) and applying for ILR. I want to include my wife too on ILR application.

Does she has to qualify 2 yrs period? I understand that 2 years qualifying period is only for Tier1 holders not for work permit holders. At present my wife is on Dependent tier-2 visa. My wife came to UK on Dec 2009 and I would like to apply ILR along with my wife using form SET(O).

Please advise if I can include my wife along with my application.

319E Requirements for indefinite leave to remain wrote:(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.

regards

Thanks, In one of the older post I have read as mentioned below.

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Old post:

''There is no requirement for dependant of WP migrant to complete 2 years stay in the UK to be eligible for settlement (196D). All you needed was to re-enter UK as a WP dependant (by applyng for EC from home country)! Would have saved you 2 years of waiting! ''
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As I mentioned earlier I came to UK On 2005 end on Work permit and my visa changed to T2-ICT on August 2009. My wife came to UK on Dec 2009 on Tier-2 Dependent.

Do you suggest that I should first apply ILR for myself and then apply for wife's visa using FLR(M) or we both can apply.

Thanks for your help.


Any one else is having similar examples...?

A WP migrant is not a Tier 2 migrant, or vice versa!

So, when your passport is affixed with a Tier 2 (sub-category) migrant endorsement, you cannot claim to be a WP migrant. You ceased to be a WP migrant when your switched to Tier 2, therefore immigration rules relating to WP migrants (and dependants) no longer apply to you.


regards

Many thanks for the clarification.

Hence I can first apply for My ILR using SET(O) and then later can apply for my wife using FLR form. Can you please confirm which form I needs to use for my wife, Is it FLR(M) or FLR(O)? When I called UKBA in the phone they told my wife needs to use FLR(M) but when I emailed UKBA they replied that my wine needs to use FLR(O). The email extract is mentioned below, hence I am confused. Will you be able to help to clarify this.

Email:

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Please be advised your wife is eligible to apply for settlement at the same time as you, as long as they have lived with you in the United Kingdom for a minimum of two years before applying for settlement.
As your wife has not met the requirements for settlement, once you have received your Indefinite Leave to Remain she will need to submit an application for Further Leave to Remain FLR(O).
Once she has completed 2 years including time spent as the dependent of a Tier 2 General Migrant, she will then need to submit application form FLR(M).

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Many thanks for your help.

rrp wrote:Many thanks for the clarification.

Hence I can first apply for My ILR using SET(O) and then later can apply for my wife using FLR form. Can you please confirm which form I needs to use for my wife, Is it FLR(M) or FLR(O)? When I called UKBA in the phone they told my wife needs to use FLR(M) but when I emailed UKBA they replied that my wine needs to use FLR(O). The email extract is mentioned below, hence I am confused. Will you be able to help to clarify this.

Email:

========
Please be advised your wife is eligible to apply for settlement at the same time as you, as long as they have lived with you in the United Kingdom for a minimum of two years before applying for settlement.
As your wife has not met the requirements for settlement, once you have received your Indefinite Leave to Remain she will need to submit an application for Further Leave to Remain FLR(O).
Once she has completed 2 years including time spent as the dependent of a Tier 2 General Migrant, she will then need to submit application form FLR(M).

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Many thanks for your help.

You need to use FLR(M) and not FLR(O). If you read the forms the front page of both forms and secion 3 of FLR(M) form clearly describes which categories can the form be used for. FLR(O) is for visitor / long residence / HM forces categories while FLR(M) is for dependent of settled person (which you will be once you have ILR)

Thanks for your help. One last question, does my wife can work at UK with the visa she will get using FLR(M).

Yes.


regards

Many Thanks.