Query regarding SET (M)

[ILRHolder]

Hi friends,

I recently receieved my ILR on 28th Nov 2012 @ Croydon PEO. (WP + Tier1. I was asked for a number of docs, so I can help with the list if anyone having similar case).

I was a bit confused about my wife's eligibility so applied alone.

My wife receieved her entry clearance as Tier 1 dependent on 11th Jan 2011 and arrived in the UK on 22nd Jan 2011 (11 days after her entry clearance)
My wife's SET (M) appointment is on 24th Dec 2012 (28 days before completing 2 years in the UK)

We are going away on a holiday on 1st Jan 2013 and therefore worried if we can receive the BRP before that (due to holidays).

Can she apply on 13th Dec 2012 (28 days short of completing 2 years of her entry clearance) ?


Any help will be greatly appreciated.

[wpilr_nov12]

If your wife entered in Jan 2010, she completed her 2 years in Jan 2012 (Jan 2010 - Jan 2011 - Jan 2012), almost 11 months ago. She is eligible to apply any day before her current visa expires.

[ILRHolder]

Thanks. Sorry, my wife got her visa in Jan 2011 (my stupid mistake)

I have corrected the mistake in the original post. So is she eligible on 13th Dec 2012?

[wpilr_nov12]

Per Set M Guidance, she can apply no earlier than 28 days to completing her required years. So, your calc is OK.

[CR001]

Surely she can only apply on Set(M) if she has first switched to FLR(M) - spouse of settled person??

If applying as T1 dependent, isn't it Set(0) for her ILR??

[ILRHolder]

Hi CR001,

My wife's Tier1 dependent visa runs until 2014 so she does not need to switch to FLR(M) under the new rules as long as she remains in the country.

The issue is that we have to go out of the country and hence its important for her to get her ILR

I was reading the SET(M) guidelines, and it mentions this:


One of the requirements is that you have to complete 2 years’ leave to enter or remain as the partner of the person named in your application. That
period runs from
- the date on which you entered the UK with a
visa in the relevant category; or, if you did not
enter the UK with such a visa, from
- the date on which you were first granted leave
to remain in the UK in the relevant category


I am confused if they will accept the visa start date (which means I can apply on 13th Dec) or entry date (which means I can apply only on or after 24th dec)



Did any one on this forum face this issue?

[CR001]

Set(M) is for a person that was granted a visa (FLR(M) or VAF4) and has spent two years in the UK as the spouse of a settled person or British Citizen, not spouse of a work permit of Tier visa main applicant.

She needs to apply on Set(O) for ILR under the 'other' category as her CURRENT visa is a Tier 1 dep visa.

[ILRHolder]

Thanks for your reply CR001

I went to this link to choose the right form, and chose "partner of a permanent UK resident" and it suggested SET(M)

http://www.ukba.homeoffice.gov.uk/visas ... orm/family


I can't see any other option there to choose

[CR001]

your wife did not enter as the spouse of a person settled in the UK, you were on a Tier visa.. You have recently been granted ILR as a Tier migrant, she is a tier migrant and needs to apply on Set(O)

http://www.ukba.homeoffice.gov.uk/visas ... tform/work

http://www.ukba.homeoffice.gov.uk/view/ ... ubmit.form

[CR001]

Below out of the Set(M) guidance notes :

http://www.ukba.homeoffice.gov.uk/sitec ... 420091.pdf

GUIDANCE NOTES
1 FOR WHICH APPLICATIONS MUST YOU
USE FORM SET(M)?
Form SET(M) must be used if you are applying for
indefinite leave to remain in one of the following
categories:
- spouse or civil partner of a person present and
settled in the UK
- unmarried or same-sex partner of a person
present and settled in the UK
You and any children under 18 applying with you
must be in the UK to apply.
“Partner” means spouse, civil partner, unmarried
or same-sex partner.
If you have not yet been given leave to enter or
remain as the partner of a person present and settled in the UK, you must use form FlR(M).

[CR001]

Set(O) guide below :

http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

1 FOR WHICH APPLICATIONS MUST YOU USE
FORM SET(O)?
Form SET(O) must be used if you are applying for
indefinite leave to remain in one of the following categories or routes:
- work permit holder
- employment not requiring a work permit
- businessperson
- innovator
- investor
- highly skilled migrant
- highly skilled migrant under the terms of the
HSMP indefinite leave to remain (ILR) judicial
review policy document
- self-employed lawyer
- writer, composer or artist
- Tier 1 (General) migrant
- Tier 1 (Entrepreneur) migrant
- Tier 1 (Entrepreneur) migrant - Accelerated route
- Tier 1 (Investor) migrant
- Tier 1 (Investor) migrant - Accelerated route
- Tier 2 migrant
- UK ancestry
- ex-HM Forces
- long residence in the UK
- bereaved partner
- other purposes/reasons not covered by other
application forms

[ILRHolder]

The SET(M) guidelines itself says that this form is for

"spouse or civil partner of a person present and
settled in the UK"

which is exactly the case?

IMO Dependents can only apply on SET(O) if applying at the same time as the main applicant?

[CR001]

Yes, if the spouse was granted entry clearance as the spouse of a settled person (VAF4 or within UK FLR(M).

You were NOT settled when you wife applied for entry clearance and arrived in the UK.

See the last sentence in bold

USE FORM SET(M)?
Form SET(M) must be used if you are applying for
indefinite leave to remain in one of the following
categories:
- spouse or civil partner of a person present and
settled in the UK
- unmarried or same-gender partner of a person
present and settled in the UK
You and any children under 18 applying with you
must be in the UK to apply.
“Partner” means spouse, civil partner, unmarried
or same-gender partner.
If you have not yet been given leave to enter or
remain as the partner of a person present and settled in the UK, you must use form FlR(M).