Seeking info: Subsisting FLR(m) application but now 10yrs l

[Amegbetor]

Hello,

applied for FLR(m) for my husband 6mths ago (April 2012) no decision from HO, called them and we were told to wait. Issue is come january 2013, my husband will be legally 10 yrs in this country.
question is if by then we still have not received a decision, Can we write to them to change the application to a SET(O) based on 10 yr legal stay?

Thanks for reading

[geriatrix]

If UKBA has not made a decision on FLR(M) application by the time he becomes eligible for settlement under long residence, he may vary his FLR(M) application to ILR application.
See also Varying an application.

[Amegbetor]

thanks sushmehta for the information.

where a decision is made before he becomes eligible for 10yr long stay (lets say he is granted) can we apply for ILR based on long stay once he is 10 yrs instead of waiting for the 2 years to elapse?

Thanks

[geriatrix]

Yes.

[vinny]

My husband came in as my dependent 3yrs ago when i was on a work permit visa. Now i have Indefinite Leave to remain gained through 10 Year long stay. question is can my husband apply under SET(M)? as he came in as my dependent and had served more that the required 2 yrs? if not under what category can he apply?

[vinny]

If he has been here for 10 years, then vary to SET(LR), under Long residence.
Else, initial FLR(M) is correct.