Please choose the application form for us please!!!

[szz33]

Dear Sir

Now my 4 years ELR is about to be completed. So I'd like to apply for ILR at the end of this month. I am working 38 hours a week and full time uni student.

My husband's status is Residence Permit. Although he is a medical doctor, no job offer yet. ( I mean jobless at the moment and he is totally depending on me)

After we married in the UK, he applied for the visa extension on the ground of marriage. The HO granted his status as Residence Permit after winning the case on the compassionate ground at the court .( not dependent visa).

The HO gave his expirary date of stay the exactly same as mine.( that means they appreciate my stay as well)

The things I'd like to know is

1. Can we both apply for ILR? or Can I only be able to apply for ILR?
( He has been living here for over 5 years)

2. If he should not apply for ILR this time, what form should he use? FLR(O)?

Thanking you in advance for your advice.

best wishes

[John]

Hi, you should use Form SET(O) to make the application for ILR.

You should be the applicant on that form and include your husband's details in Section 3 of it. That is, your husband should not personally apply. His details entered on to your SET(O) will suffice.

[szz33]

Thank you John. But when I check the forms, I found that ELR form is for ILR after completion of 4 years ELR following the refusal of asylum. Sorry, I didn't mention about me completely. I got ELR after refusal of asylum. So I think I need to use that form. FLR Set (O) is only for WP holders, HSM and so on as you know.

Could you tell me please if we can use ELR form.

Thank you very much.

[John]

Set (O) is only for WP holders, HSM and so on as you know.

Sorry, no, I don't know that! Indeed the form specifically says it should be used for :-

Other purposes/reasons not covered by other application forms

Clearly SET(O) is the form to use and all sections of that form need to be completed.

Also you continue to confuse FLR and SET! You would use a form whose name starts with FLR if you wanted to apply for a further time-limited visa. But that is not what you want at all. You want ILR and accordingly should use a form whose name starts with SET.

None of the other SET forms, such as SET(M) or SET(F), cover your circumstance, so it therefore follows that SET(O) is the form to use.