Urgent Help required Confused about Set (M) and FLR(M)

[saker]

I have got ILR just Now. I have been in UK as student for 10 years. My Wife came to UK about three years ago as my dependent spouse. She still have Student Dependent Visa till 15 july 2012.
Should she fill up FLR(m) or Set(M)
my confusion is- To make application with Set(M), is it must that the dependent has to be on dependent visa for 2 years after my ILR or she can use SET (M) now?

[vinny]

FLR(M).

[saker]

I am not clear about it, bcoz I need answer about why i can't fill SET(M) and why FLR(M)?

[Greenie]

Your wife does to qualify for settlement as she doesn't meet any of the requirements set out in para 287 a) i) a)-f) of the immigration rules and therefore applying on set(m) would result in a refusal.

[saker]

Thanks for all your reply, you have been very kind. But I am still didn't get orb right. Right now I am settled and in the UK, she has entered in The UK as my spouse 3 years ago when I was on student visa. For her, its requires 2 years spouse visa as spouse of who settled in UK(which I am now from 10 days), and applicant has must entered in UK as spouse of that same person. In my sense she is applicable is not she? I still don't know where is my thinking wrong?

[Greenie]

Thanks for all your reply, you have been very kind. But I am still didn't get orb right. Right now I am settled and in the UK, she has entered in The UK as my spouse 3 years ago when I was on student visa. For her, its requires 2 years spouse visa as spouse of who settled in UK(which I am now from 10 days), and applicant has must entered in UK as spouse of that same person. In my sense she is applicable is not she? I still don't know where is my thinking wrong?

you need to read the paragraphs I have quoted in the link I have provided you. Your wife has PBS dependent leave/student dependent leave, not leave as the spouse of a settled person therefore she cannot apply directly for settlement under para 287.

[vinny]

Do read the immigration rules that Greenie had kindly linked to. She does not meet the requirements of 287(a)(i) and therefore will be refused under 289.