Can a WP holder use SET M after 3 years of marriage to ILR

[Minh Le]

Dear All,

I would be grateful you all can advise me whether I use SET (M) or FLR (M) under the situation as below:
1. I have been living and working in the UK under WP for 4.5 years.
2. My wife got ILR in May 2011.
3. We have been married for more than 3 years and our son is 2 years old now.
4. My son has got British Citizen certificate.
5. In fact my wife and I have been living together for more than 4 years.

Unfortunately I will be travelling in the last month of period of work permit due to family and religous reasons.

I want to apply for ILR with SET M but I think it may be wrong form. Any advices would be very much appreciated!

Minh Le

[vinny]

Use FLR(M), if you wish to switch.

[geriatrix]

I want to apply for ILR with SET M

You cannot.

If you wish to apply for settlement at the end of completing 5 years stay in the UK as an economic migrant (WP holder), you must apply through SET(O).

Alternatively,
1. switch to FLR(M) as advised, if you wish to - but by doing so the earliest you will be able to apply for settlement will be no sooner than 2 years from the date of issue of such leave.
2. Extend your stay in the UK as a Tier 2 migrant before you travel and apply for settlement as a Tier 2 migrant upon your return (make sure you return within 90 days of exiting).

[Minh Le]

Dear vinny and sushdmehta

Thank you very much for your advise. I really appreciate it.

Minh