SET(M) for a dependent

[sabhi77]

Hi,

I was granted ILR on 10 years long residency basis while I was on 5 years work permit. I could have applied ILR on work permit basis but I had to complete another year to be eligible.

My wife was my dependent on work permit; therefore I had to apply ILR without including her in my application.

Last week, we changed her leave from dependent of work permit holder to FLR(M). She is been given 2 years visa and her application was considered under old rule for spouse of settled citizen.

My question is can she apply ILR using SET(M) before completing 2 years as she was already on dependent visa???

Many thanks

Sabhi

[geriatrix]

Before being granted settled status, were you a WP migrant or a Tier 2 migrant?

[sabhi77]

Hi,

I was on 5 years work permit.

Regards

Sabhi

[geriatrix]

Did you seek advice from anyone about her options before submitting FLR(M) application?
When was your wife's WP dependant leave due to expire?

[sabhi77]

Hi,

Thanks for your response. Indeed, I called the border agency help line and been advised to change my wife's leave from work permit dependent to spouse of settled citizen.

Her work permit dependent leave was valid until Sep 2013 but I was advised by the customer service rep from border agency if my wife will travel without changing her leave, she can have issues while returning to UK on the border. I was also told that her leave is invalid as I am no longer on work permit.

Last week, in Croydon office, the PEO was confused and when I asked him the same question about her settlement, he told me check border agency site as Home office keeps changing rules.

I will call the help line again in coming weeks and see what response I get from them.

Regards

[hemalay]

Hi Sabhi77,
I am in exactly similar situation.
Nobody knows what to do. I got appointment on 08th October for FLR(M).
Please update if you get some information.

Hi,

Thanks for your response. Indeed, I called the border agency help line and been advised to change my wife's leave from work permit dependent to spouse of settled citizen.

Her work permit dependent leave was valid until Sep 2013 but I was advised by the customer service rep from border agency if my wife will travel without changing her leave, she can have issues while returning to UK on the border. I was also told that her leave is invalid as I am no longer on work permit.

Last week, in Croydon office, the PEO was confused and when I asked him the same question about her settlement, he told me check border agency site as Home office keeps changing rules.

I will call the help line again in coming weeks and see what response I get from them.

Regards

[geriatrix]

sabhi77,

You were clearly ill-advised by UKBA. Dependant(s) of WP migrants can apply for settlement immediately after the WP migrant is granted settlement. This is irrespective of whether the WP migrant applied for settlement under WP route or under long residence. Also, WP dependants are not subject to the 2 year qualifying residential period for the purpose of settlement.

(ii) is married to or a civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and

So, switching to FLR(M) was a big mistake. Anyhow, your wife will now be eligible for settlement on/after the 2nd anniversary of the date she was granted FLR(M) leave.


hemalay,
I understand from your posts that you were also a WP migrant before being granted settlement. So, when is your wife's WP leave due to expire?

[hemalay]

My Wife's WP dependent visa will expire on May 2013.
She came here on 15th December 2006 as student dependent and switched to WP dependent in MAy 2008.

Sushdmehta : If I apply ILR directly which form I need to use ?

Sabhi77 and Sushdmehta please see here last post here made by Dino99
Sabhi77's wife do not have to wait for two more years as suggested by Dino99.

sabhi77,

You were clearly ill-advised by UKBA. Dependant(s) of WP migrants can apply for settlement immediately after the WP migrant is granted settlement. This is irrespective of whether the WP migrant applied for settlement under WP route or under long residence. Also, WP dependants are not subject to the 2 year qualifying residential period for the purpose of settlement.

(ii) is married to or a civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and

So, switching to FLR(M) was a big mistake. Anyhow, your wife will now be eligible for settlement on/after the 2nd anniversary of the date she was granted FLR(M) leave.


hemalay,
I understand from your posts that you were also a WP migrant before being granted settlement. So, when is your wife's WP leave due to expire?

[geriatrix]

hemalay, if you read Dino99's post in the topic you have quoted you'll note that the dependant was on Tier 2 dependant leave and not WP dependant leave.

SET(O) I believe (other purposes / reasons not covered by other application forms), but do check with UKBA.

[hemalay]

Thank you Sushdmehta,
Hope you are correct. I have Appointment for FLR(M) on 08th of October but I will be filling and taking a SET(O) form as per your advise.

I will not do a FLR(M) application even if caseworker had different opinion. I do not want my wife to wait another 2 years on FLR(M).

hemalay, if you read Dino99's post in the topic you have quoted you'll note that the dependant was on Tier 2 dependant leave and not WP dependant leave.

SET(O) I believe (other purposes / reasons not covered by other application forms), but do check with UKBA.

[geriatrix]

It is not likely that they will accept a settlement application on a FLR(M) appointment.

The immigration rules (196D) allows your wife to apply for settlement directly if she is on WP dependant leave and you are a settled person. Read it as you may have to explain it to UKBA staff at the PEO if they ill-advise you that she cannot apply for settlement.

[sabhi77]

Hi Sushmehta,

I'm reading your reply after couple of days. In Dino's case, he was on Point based work permit and I was on 5 years work permit.

Do you thik my wife still qualify for ILR?

Thanks

Sabhi

[hemalay]

Sorry sabhi77 for thread Hijack.

We went to our FLR(M) PEO appointment yesterday. But filled in a FLR(O) form with "Other" reasons.
Good news is my wife was granted ILR directly without switching to FLR(M).

Thank you Sushdmehta for pointing to section 196Dii.

Hi Sushmehta,

I'm reading your reply after couple of days. In Dino's case, he was on Point based work permit and I was on 5 years work permit.

Do you thik my wife still qualify for ILR?

Thanks

Sabhi

[geriatrix]

Do you thik my wife still qualify for ILR?

287(a)(i) allows PBS dependant leave to be combined with FLR(M) leave for the purpose of settlement but there is no such provision for WP / HSMP dependant leave.

So, switching to FLR(M) was a big mistake. Anyhow, your wife will now be eligible for settlement on/after the 2nd anniversary of the date she was granted FLR(M) leave.

[hemalay]

I have made a new topic of my successful SET (O) aplication.

A lot of people do not know this and got tangled in new rules.

Sush you are a star

Do you thik my wife still qualify for ILR?

287(a)(i) allows PBS dependant leave to be combined with FLR(M) leave for the purpose of settlement but there is no such provision for WP / HSMP dependant leave.

So, switching to FLR(M) was a big mistake. Anyhow, your wife will now be eligible for settlement on/after the 2nd anniversary of the date she was granted FLR(M) leave.