Can I apply for ILR for myself & later apply for Dependa

[genuflexion]

Dear All,

Hope we all are keeping well there.

I am on T1(G) and now eligible for ILR application (after having spent 5 years). I'd to go for second extension as I came 4 months late.

I and my 2 Dependants now have T1(G) 2 yrs extension/visa (received 2 weeks ago). My wife has been living with me since 4.5 years and have one dependant that was born outside UK.

Problem:

I am unable to get an appointment for all of us as we all know its challenging.

Therefore, I am thinking to get ILR first and then apply for my wife and child later using SET (M)- I think this is the right form?

Is it advisable to do this? Atleast, I will get the ILR and on this basis and get this stress out of the day. Just after that, I can do settlement checking service for my dependants using SET(M)- again is this the correct form for my dependants?

Please contribute, thanks very much in advance.[/u]

[stokbrig]

Dear All,

Hope we all are keeping well there.

I am on T1(G) and now eligible for ILR application (after having spent 5 years). I'd to go for second extension as I came 4 months late.

I and my 2 Dependants now have T1(G) 2 yrs extension/visa (received 2 weeks ago). My wife has been living with me since 4.5 years and have one dependant that was born outside UK.

Problem:

I am unable to get an appointment for all of us as we all know its challenging.

Therefore, I am thinking to get ILR first and then apply for my wife and child later using SET (M)- I think this is the right form?

Is it advisable to do this? Atleast, I will get the ILR and on this basis and get this stress out of the day. Just after that, I can do settlement checking service for my dependants using SET(M)- again is this the correct form for my dependants?

Please contribute, thanks very much in advance.[/u]

I think you can but again your wife has to book an appointment with your child as her dependant!!
The question here;How will you be advantaged or disadvantaged ?
The problem is no slots are available for families even with two dependants( 1 child) and this issue must be raised to UKBA.

[Greenie]

Your dependents would need to apply on set(o) not set(m)

[shahid2000]

Your dependents would need to apply on set(o) not set(m)

Hi Greenie,

Are you sure? because i thought FLR(M) will be used for dependants if the main applicant has already got ILR. One of my friends is in the same situation and she will be applying soon so please do reply.

Cheers.

[renzokuken]

Yes that's possible be it's gonna be much more expensive. You need to use SET(O) form for each of your dependant (and individual fee, you cannot include your child as your wife's dependant) and they need separate individual PEO appointment.

This is based on my personal experience:
I got my ILR in Nov 2012, my wife and son got it early Jan 2013.

[genuflexion]

Thanks very much all for your contribution.

I am getting confused as I have read somewhere on this forum that I would be using SET (M) for my spouse and dependants.

I would appreciate if any senior member can validate this ?

Again, because of difficulty in finding an appointment for 3 persons. I was thinking to get ILR myself using SET(O) and later on use SET(M) for my wife and child dependant.

Is SET(M), the right form to apply for my spouse/dependant, after once I have obtained ILR?

Thanks very much in advance

[renzokuken]

well if you don't believe my answer and the immigration rules, then go ahead try to apply using SET(M)

[Greenie]

SET(M) is only for those applying for ilr as the spouse/partner of a settled person and requires limited leave in that category.

Your wife is applying for ilr as the partner of a points based migrant who has since been granted ilr as a PBS migrant under para 319E of the rules and thus needs to apply on set (o).
In the past your wife would have had to apply on FLR{M) and then set(m) because the rules did not allow a dependent to apply for ilr separately from the main migrant. However 319E of rules has since been amended to allow a PBS dependent to apply for ilr separately.

[genuflexion]

Thanks so much Greenie for your help.

Renzokuken- No offence and no hard feelings mate.

[stokbrig]

UKBA website-->
settling in the UK-->
find the right form-->
What is your current immigration status in the United Kingdom?-->
*I am here as a partner of a permanent UK resident -->
You told us that you are the husband, wife, civil partner or other partner of a British citizen or person settled here. If you have lived here for at least 2 years, you can apply using form SET(M) .

*child or adopted child, aged under 18, of a permanent UK resident-->
You told us that you are the child of a British citizen or person settled here. You should use form SET(F).

Any comments on above would be appreciated.

[stokbrig]

[quote="Greenie"]SET(M) is only for those applying for ilr as the spouse/partner of a settled person and requires limited leave in that category.

What do you mean by 'requires limited leave in that category' ?
please advise

[Greenie]

Requires limited leave as the partner of a settled person under para 281 (and in the future under appendix FM.

[londener]

Your dependents would need to apply on set(o) not set(m)

Just want to be sure if I do have three dependents say ( wife and two kids ),shall I apply SET(O) for three of them or just for my wife as a main applicant and kids as dependents SET(m) ??
Thanks Greenie and all for further clarification.
Lon