FLR(M) or SET(M) application route ?

[OttoMattik]

Wondering if someone could shed light on some questions I have for my wife’s visa renewal.

I am a holder of an old style 5 year work permit, granted in 2007 and valid till 15th October 2012. However, I was also eligible for ILR under the 10 years long residence category, which I duly applied for in March 2012 (though the application is still outstanding).

My wife is currently on a Work Permit dependant visa, valid till the 15th of Oct 2012 as well, and this was granted in December 2011. She first came to the country on 25th Jan 2012 and has been here since.

The plan was to apply for her FLR(M) via post before the 15th, with a covering letter explaining that my application is still under consideration with the understanding that her case would be decided once mine had been.

Now, reading the UKBA website and guidance documents – I was under the impression that she cannot apply for her ILR straight away as she has been in the country for less than 2 years. However, going by some recent threads on here – it seems this is not strictly correct.

1. Is it possible for her to apply directly for ILR under the SET(M) category, as she is currently on a Work permit dependant visa? Even though I will be gaining my ILR under the 10 years long residence category, and not WP?

2. If that is not the case, and we still need to apply under the FLR(M) category, will the new rules for financial requirements apply to us? She is not currently working (and hasn’t worked since she arrived) – though my salary is sufficient to cover the requirement and I do also have 6 months payslips and bank statements to prove the same? Just checking if this would be required, or should I leave that section blank?

Any help would be much appreciated, thanks.

[geriatrix]

1. I believe your wife may be eligible to apply for settlement (under 196D(i)) using SET(O) form. You'll need to write a covering letter referring to the immigration rule and providing relevant details of your settlement application under long residence (e.g. - name, dob, passport no., nationality, settlement application reference number).

If you wish to, consider seeking professional advice from a competent solicitor regarding the above.

2. If you wish that she applies for FLR(M), she will be subject to the rules in place before 09-Jul-12.

[hemalay]

Apply on a SET (O) form with "Other" category .
I had similar case and my wife got ILR directly under section 196D(ii ) on 08th October 2012.
See my detailed post



http://www.immigrationboards.com/viewtopic.php?t=115206

[geriatrix]

2. If you wish that she applies for FLR(M), she will be subject to the rules in place before 09-Jul-12.

But do note that if your spouse switches to FLR(M) then she will be eligible for settlement only after completing 2 years under FLR(M) leave.

Missed mentioning that in my previous post.

[OttoMattik]

Thanks both for your replies.

Talked to a solicitor who wasn't too sure whether it was actually possible, as the SET(M) guidelines clearly state that it's not possible to get ILR without spending at least 2 years in the country (I reckon he wasn't too clued up as he was just reading the forms and telling me most of what I knew already!).

Anyway, we have decided to go down the FLR(M) route for now as my wife would have needed the LITUK test certificate and it would not have been possible to arrange by Monday (15th) when her current visa runs out.