Which form to fill for my wife's visa

[Shawn]

Dear All,

My wife came to this country when I have HSMP visa in Dec 2009 as a dependant of tier 1 (my category). Now I have obtained Indefinite Leave to Remain in this country in Dec 2011.

After completing the 2 years, I thought my wife can apply for Indefinite Leave to Remain and filled the form SET (M).

However when we went to Camden Settlement Service, they told us that we can not use that form but have to find out that which form we have to fill. They are saying that when she arrived her stamp was dependant of tier 1; in order to use SET (M) she should have the stamp 'Spouse of a Settled Person'. Is this correct? If that is the case we have to fill FLR (M) now and after some time she can use SET (M).

I really think that the stamp on her passport does not matter as long as her Husband has Indefinite Leave; she should be able to get the same.

Please advice us .

Thank you

Shawn

[Lucapooka]

Why didn't she apply for ILR jointly with you?

She needs to go FLR(M) then SET(M). She can't apply directly for settlement.

[Greenie]

Agreed. She can't apply directly for settlement as none of the paragraphs 287(a)(i) (a) - (f) are satisfied unless she applies for further leave on form FLR(M)

[vinny]

Why did you not apply for your wife’s ILR using the same SET(O) form which you used to get your ILR. (as she already had spent over 2 years in UK with you). You could have applied for ILR for both of you using the same form.

Since you got your ILR, her visa is technically no longer valid and she needs to get her FLR(M) first and then you can apply for her ILR using SET(M) the next day.

I hope my advice is correct but other members’ opinions are welcome.

[vinny]

Why didn't she apply for ILR jointly with you?

Why did you not apply for your wife’s ILR using the same SET(O) form which you used to get your ILR. (as she already had spent over 2 years in UK with you). You could have applied for ILR for both of you using the same form.

If the OP had continued in his original thread, then these questions would be unnecessary...