Switching dependent visa and SET(M) question

[ngdqukhai]

Dear all and admin,
I have recently settled through ILR (long residence) visa and we are now looking into applying for my wife as my dependent.
My wife and I got married in UK in 2018 and we changed her visa to Tier (2) dependent right after getting married.
So I have 2 questions:

1. She still have her Tier 2 Dependent visa until September. Do we need to change her visa immediately after I successfully settled? If we can wait until May to apply for her dependent visa of a settled person, she will then have 5 years leave-to-remain under dependent visa and can apply for an ILR in future without any costly extension application.

2. After checking the information, it seems that she will apply in the category of SET(M). Just one thing confusing me that SET(O) is applicable for PBS dependent, so I just dont know if her recent visas as my dependent (I had Tier 2 visa) were PBS. It mentioned PBS in the form when we apply for her Tier 2 dependent visa.

Thanks again and hope to get some of your advice.

[TODMATT]

Dear all and admin,
I have recently settled through ILR (long residence) visa and we are now looking into applying for my wife as my dependent.
My wife and I got married in UK in 2018 and we changed her visa to Tier (2) dependent right after getting married.
So I have 2 questions:

1. She still have her Tier 2 Dependent visa until September. Do we need to change her visa immediately after I successfully settled? If we can wait until May to apply for her dependent visa of a settled person, she will then have 5 years leave-to-remain under dependent visa and can apply for an ILR in future without any costly extension application.

2. After checking the information, it seems that she will apply in the category of SET(M). Just one thing confusing me that SET(O) is applicable for PBS dependent, so I just dont know if her recent visas as my dependent (I had Tier 2 visa) were PBS. It mentioned PBS in the form when we apply for her Tier 2 dependent visa.

Thanks again and hope to get some of your advice.

It is not clear! Your ILR under SET LR is still pending?

[CR001]

1. She must apply for FLR M before her current visa expires. She should not travel out of the UK until she switches to FLR M. She needs 5 years on FLR M visa before she can apply for ilr. She cannot add her time as ovs or PBS dependent visa for ilr on SET M.

2. She cannot apply for ilr as a pbs dependent if you got ilr based on long residence. She just switch to FLR M and then wait 5 years (2 X 2.5 year FLR M visas) before she can apply for ilr.

[ngdqukhai]

Thanks a lot CR001. That's greatly appreciated.

[ngdqukhai]

Hi all again,
Sorry for another question in this thread.
I have read some of the posts and am still slightly confused about what would be the best for my wife.
To summarise the background:
- My wife came to UK in 2017 with Tier 4 student visa.
- We got married and switched her visa to Tier 2 dependent visa in 2018.
- She is currently holding Tier 2 dependent visa until September 2021.
- I have just got my ILR (Long residence).

So, she has been married to me and been on Tier 2 dependent visa for 2 years and 4 months.

After reading some of the news in the forum and recent reply from CR001, I understand that because I switched my visa to Long residence settlement, then she can not settle using the time being my dependent. Is it right?

One point I found from UKBA website whilst looking into the online application is that they mentioned a 2-year route. What is this option? I'm adding below for your consideration.
Eligibility
If you’ve got a family visa as a partner or spouse on the 5-year route, you must have been living in the UK for 5 years.
If you’re on the 2-year route, you must have been living in the UK on that visa for 2 years.
If you’re on the 10-year route, you must have been living in the UK on that visa for 10 years.


Finally, for her case, is there only option to apply for the FLR(M) as a dependent of a settled person ( apply 2 times). Then wait for the next 5 years before applying to settle.

Thanks again and sorry for a long enquiry.

[CR001]

After reading some of the news in the forum and recent reply from CR001, I understand that because I switched my visa to Long residence settlement, then she can not settle using the time being my dependent. Is it right?

Correct.

Finally, for her case, is there only option to apply for the FLR(M) as a dependent of a settled person ( apply 2 times). Then wait for the next 5 years before applying to settle.

Yes.

[ngdqukhai]

Thanks a lot for that CR001.

After reading some of the news in the forum and recent reply from CR001, I understand that because I switched my visa to Long residence settlement, then she can not settle using the time being my dependent. Is it right?

Correct.

Finally, for her case, is there only option to apply for the FLR(M) as a dependent of a settled person ( apply 2 times). Then wait for the next 5 years before applying to settle.

Yes.