Can My Spouse Apply Under Set (M)

[urdankhtola]

Hi, I've got my ILR recently under Long Residency (10 Years) basis. My wife came in the UK in 2004 as my dependent and since then she is my dependent under all categories I lived in the UK (Student - PSW - Tier 1 General).

She last applied as my dependent under Tier 1 (General) and our visas were valid for 3 years till December 2013. As I have completed my 10 years so I applied for ILR and I now have ILR.

My Question is, (1) Can my wife apply for ILR now using Set(M) or she first has to apply for 2 years depended visa using FLR (M).

(2) As she got her visa as my dependet on Tier 1 (General) application and I now have ILR, Can she still travel abroad until this dependent visa is valid?

Thank You.

[geriatrix]

Immigration rule 319E, following the changes outlined in Statement of Changes HC 194 and HC 565, appears to benefit only those PBS dependants where the PBS migrant has applied for / received settlement as a "relevant PBS migrant" (or has subsequently received BC following this route).

AIUI, and I stand to be corrected, PBS dependant where PBS migrant has applied for or received settlement under long residence will continue to need to switch to FLR(M) before applying for settlement.

My suggestion would be to contact UKBA for clarification on the issue.

[cy2012]

Hello sushdmehta, it seems that on other occasions you indicated that spouse of long residence immigrants may apply for settlement directly. Please see http://www.immigrationboards.com/viewtopic.php?t=113051
'In case your application is approved before 31-Dec-12 (no harm in hoping for a miracle), then your wife will not need to switch to FLR(M) but may apply for settlement directly.'

It would be great for someone who contacted Home Office or have tried to apply settlement directly for their spouse to give us some feedback.

[geriatrix]

Yes, I did!

Became aware of the HC 565 (introduced on 05-Sep-12) after I had posted that statement in that topic.

[urdankhtola]

Thank you for your answers. Can someone please shed some light on my 2nd question.
Can my wife travel abroad now (she's got dependent visa of a PBS) and I've got ILR now. Can she travel abroad until her visa is valid? Or she has to obtain FLR(M) first.

[gdfk]

Hi urdankhtola,

I am in a similar situation at the moment. I gained ILR (from Tier 1 General) based on 10 yrs long residence and my wife is on Tier 1 partner since June 2010.
What is the right form for her : FLR(M) or settlement using SET(O)?

Thanks

[urdankhtola]

Hi urdankhtola,

I am in a similar situation at the moment. I gained ILR (from Tier 1 General) based on 10 yrs long residence and my wife is on Tier 1 partner since June 2010.
What is the right form for her : FLR(M) or settlement using SET(O)?

Thanks

It has to be FLR(M).
The partners of those who gets ILR on bases of long residency, has to "Switch" to FLR(M).

Please see this reply from UKBA : http://www.whatdotheyknow.com/request/f ... _july_2012

[urdankhtola]

I m now confused. I've planed a trip abroad in december.
I've got the ILR and I've already sent MN1 for my 3 children born in the UK. Now its my wife's status that is becoming confusion. I initially thought she will be ok to travel abroad as her PBS dependent visa is valid till December 2013.
But i read somewhere here that she has to switch her visa before traveling outside the UK.
Ive found Home Office replies in a similar case where one officer suggest FLR(M) and another officer suggested SET(M). gdfk is also being told SET(O) by the Home Office.
Now what have you decided gdfk? Also can someone please suggest the consequences if I apply for my wife's visa on SET(M). If Home Office refuses the application what will be her status or next step to do? i.e. will she have the right to appeal or reapply on FLR(M). Will home office consider that she is a mother of 2,4 and 6 years old children(who i hope will get their british nationalities by the time of mother's application)?

[mist99]

Looks like another post by Angelica indicated using SET(O) as well. See http://www.immigrationboards.com/viewto ... highlight=[/url]

[geriatrix]

That post / topic was active in July 2012, and HC 565 was tabled on 05-Sep-12.

[Angelica]

That post / topic was active in July 2012, and HC 565 was tabled on 05-Sep-12.

HSC 565 is a 56 document. Can you tell us the actual section that relate to this argument?

@ALL

I have NOT read the HSC document but i knew home office staff is more confused than applicants.

[Greenie]

Read immigration rule 319E a link to which you can find above.

[cy2012]

Would be good to have feedback from someone who actually succeeded in using SET(O).

[geriatrix]

Would be good to have feedback from someone who actually succeeded in using SET(O).

That feedback will be useless for you.

What will help is:
Would be good to have feedback from someone who actually succeeded in using SET(O) without switching to FLR(M) in the case where main migrant has received settlement under long residence.

[geriatrix]

What do they know

[cy2012]

Would be good to have feedback from someone who actually succeeded in using SET(O).

That feedback will be useless for you.

What will help is:
Would be good to have feedback from someone who actually succeeded in using SET(O) without switching to FLR(M) in the case where main migrant has received settlement under long residence.

Exactly what I mean in this discussion!