SET(O) dependent (Spouse) eligibility criteria

[psTier1]

Currently I am staying in UK as Tier-1 main applicant with three dependents (Wife and two children)
I have to apply for ILR through SET (O) form and I have some queries regarding Set (O) dependent (spouse) eligibility criteria.

My wife stayed with me continuously 22 months in UK then she went back to India due to some health problems of my in-laws. She stayed there for 16 months. I also visited India 2-3 times during that time to meet my family. After 16 months she came back. Since then we are staying together (approx. 19 months)

I extended my Tier-1 visa in Nov 2011 (with my family at same time) which is valid till Nov 2013.

Now I am completing my 5 years in March 2013 and I want to apply ILR through SET (O).

Summary of Family’s Stay in UK –

Total Stay of family with me in UK – 22 + 19 months = 41 months (3.5 years)
Total Stay of family outside UK = 16 months (in between).
I also visited India for short durations to meet my family 2-3 times during 16 months.

My queries are –

1. Can my wife and children apply the ILR with me in March 2013 through SET (O) form?

2. Are there any existing Criteria in which my wife has to stay N months or years continuously with me before applying ILR? As I mentioned above we stayed 3.5 years together at same address in UK and we always applied Entry Clearance and Leave to remain (Tier-1) together. We are also married for 10 years and the proof is Marriage certificate.

3. Do I need to provide any documentary proof that we were living at same address in UK? If yes then please give the list of documents and their duration?

4. Can I apply the ILR upto 28 days before completing the 5 years in UK)?

Thanks in advance for your kind and timely help.

[Damanisshallo]

Dependants of ILR (economic, 5 year route) applicants should answer most of your questions.

Regarding Q2:

Time spent outside the UK
The Immigration Rules do not say that you must have been in the UK for the entire 5 years of your visa or permission to remain. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.

However, time spent outside the UK does make a difference to applications for British citizenship. If you apply to be naturalised as the husband, wife or civil partner of a British citizen, you must show that you have been living in the UK for the last 3 years (the 'residential qualifying period'), and that you have spent no more than 270 days outside the UK during those 3 years. Also, you must have spent no more than 90 days outside the UK in the last 12 months of the 3-year period. (We have discretion to allow absences above the normal limits in some circumstances.)

Time spent outside the UK

[psTier1]

Dependants of ILR (economic, 5 year route) applicants should answer most of your questions.

Regarding Q2:

Time spent outside the UK
The Immigration Rules do not say that you must have been in the UK for the entire 5 years of your visa or permission to remain. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.

However, time spent outside the UK does make a difference to applications for British citizenship. If you apply to be naturalised as the husband, wife or civil partner of a British citizen, you must show that you have been living in the UK for the last 3 years (the 'residential qualifying period'), and that you have spent no more than 270 days outside the UK during those 3 years. Also, you must have spent no more than 90 days outside the UK in the last 12 months of the 3-year period. (We have discretion to allow absences above the normal limits in some circumstances.)

Time spent outside the UK

The first link (Dependants of ILR (economic, 5 year route) applicants) is confusing me. It says
"This "2 year" period need not be as a "dependant" and need to be "continuous"." but when you click on continuous link then it says totally opposite.

The other link you have mentioned (Time spent outside the UK) is for "PARTNER OF A BRITISH CITIZEN OR SETTLED PERSON" - SET (M) form.
But my case is related to SET (O) form.

Please clarify. Thanks

[Damanisshallo]

Regarding the first link, I thought your dependant is applying from inside UK and not looking for entry clearance. Please confirm as the statement you were referring was for Entry Clearance.

Follow this similar case for dependants time out of UK

[Damanisshallo]

1. Can my wife and children apply the ILR with me in March 2013 through SET (O) form?

If you and your dependants are all currently living in the UK, and you are applying to settle here using application form SET(O), you should provide details of your dependants in section 2.

Further info

[psTier1]

1. Can my wife and children apply the ILR with me in March 2013 through SET (O) form?

If you and your dependants are all currently living in the UK, and you are applying to settle here using application form SET(O), you should provide details of your dependants in section 2.

Further info

Thanks Damanisshallo for your replies ......

Just saw following statement in section 11 - Documents of SET (O) form....

"If you have a spouse or civil partner listed in section 2 of this application form who is applying at the same time as you, please provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse."

Does it mean I have to show cohab documents for last 19 months only but not last 2 continuous years (Since last extension)? ... It doesn't matter how long my wife stayed out of UK in between? Any senior member please confirm ......

[psTier1]

Any senior member please provide your inputs to my original post. Still confused.