FLR (M) to ILR

[coolrock]

Hello,

Last year I changed my status from Tier 1 to ILR (in Oct 2011). My wife entered the UK in Sep 2010 as Tier 1 - dependent.

When I changed my visa status to ILR, she had to change her visa to FLR M which is granted until Dec 2013.

Can she apply for ILR in Sep 2012, on the basis that she had lived in this country for 2 years (Tier 1 dependent 1 year + FLR M - 1 year) or

has she got to wait until Dec 2013 to apply for ILR. Please advice.

Thanks.

[rajasekhar_you]

obviously you can apply ILR for your wife in sept 2012 when she finishes 2 yrs of stay in UK as your dependent. see the SET-M form guidance notes.

[pavanne]

Hi,
Same kind of case with my wife's.
She came in Sept 2010 as T1 dependant
Changed as ILR dependant in Nov 2011 when I moved from T1 to ILR.
She went to India for 6 months (Dec 2011 - May 2012) and came in May 2012.

Can she apply for ILR now as she completed 2 years as spouse to me(but 6 months outside UK)?


Thanks
Pavan

[coolrock]

Hi All,

When i checked the UKBA website to apply ILR for my wife (using SET M), it states the following
----------
You should book a settlement checking service appointment before your current leave expires and you can attend your appointment when you have completed or are within 28 days of completing a 2-year qualifying period, see above.

If you were given an entry clearance visa (issued abroad), your 2-year qualifying period started from the date your visa was stamped, by the Immigration Officer, when you entered the UK.

If you have a residence permit or a biometric residence permit (BRP) (issued in the UK) the 2-year qualifying period started from the date these were issued (valid from date).

---------------

She was granted Tier 1 General Partner visa when she was in India in Sep 2010 and later she got her BRP as Leave to Remain Spouse/Partner in Nov 2011.

So should i take BRP year 2011 and calculate 2 years from there or can i consider her Tier 1 Partner visa ifrom 2010 .

Can someone help pls.

[geriatrix]

Q13