ILR for wife - Set M query

[drabiz]

Hi Forum members,

Please could you answer my following query regarding ILR for my wife.

My wife joined me in UK in August 2011 due to marriage on a PBS based dependant visa (issued in July 2011 in India) as I was on a PBS visa at the time (Tier 1 general migrant).

Afterwards I took ILR in Dec 2011 and accordingly got my wife visa shifted through FLR-M form to residence permit in March 2012 (valid until March 2014).


I want to apply for my wife's ILR using the SET-M form. I understand that she is eligible for ILR after two years as per the prior July 2012 rules.


Please advise when can I apply between the two options as I am getting confused:

1. Any time after August 2013 as she would have been in UK as my wife for 2 years by then; OR

2. 28 days before expiry date of her residence permit in March 2014 as she would need to be on the residence permit for 2 years before she is eligible.

Look forward to your views and a quick response.

Regards
Dra

[Amber]

From 28 days from when she entered the UK as a PBS dep + 2 years, so August 2013, subject to limited absences for good reason, continuity of PBS dep and meeting the other requirements for set(m).

[drabiz]

Thanks Amber

I just read on the forum that time between - when I had ILR and my wife was still on PBS spouse dependent visa, i.e between Dec 2011 and March 2012 will not contribute towards the two years residential qualifying period - is there any such rule?

Please advise.

[Amber]

No, immigration rule 287(a)(i)(d) allows you to amalgamate (combine) the time as a PBS dep with that of flr(m) and apply under Part 8 where the person was a PBS dep prior to July 2012. Also you said August before why has it now changed to December? When did your spouse arrive in the UK as a PBS dep?

[drabiz]

Thanks a lot for your advice - you made my wife's and my day

[drabiz]

Apologies Amber - missed your question earlier

Dates are:

1. Wife PBS dependant visa issued in India: July 2011 (valid until March 2012)

2. Wife joins me in UK: August 2011

3. I get ILR: Dec 2011

4. Wife shifts to FLR-M resident permit: March 2012 (valid until March 2014)

I was worried about the time between Dec 2011 (serial no 3) and March 2012 (serial no 4) as got a view that this period would not count towards 2 yr qualifying residential period since I was on ILR but my wife on PBS dependant visa instead of FLR-M resident permit (which logically goes with ILR).

Do I need to be worried about this?

Regards
Dra

[Amber]

No, as per my previous post and the necessary immigration rule. Although, if your qualified for ilr as a PBS applicant your wife never really needed to switch, she could have just extended as a PBS dep.

[drabiz]

Thanks for clarifying Amber

[vinny]

Hi Forum members,

I am applying for ILR for my wife using form SET (M) after 28 Oct 2013. She is eligible for ILR after two years (completed from Nov 2011 - Nov 2013) as per the prior July 2012 rules.

Please could you answer my following query regarding ILR for my wife;

a) The new KOLL will apply on her as we are applying after 28 Oct 2013.

For Life in UK - she has cleared the LIUK test.

For English - she has a bachelors degree (degree certificate available) from India (university on PBS calculator) taught in English and a letter from university stating that course was taught in English. Would this suffice or does she need to clear an English language test in UK too?

b) The form asks that if my wife or I (sponsor) are receiving any public funds. We both are not receiving any public funds currently.
She has never received any public funds but I had received public funds in 2012 for seven months (HB, CTB and JSA-IB) as I had lost my job ( I was an ILR then) - my wife was not included in my benefit claim. Since then I have been in a good job for over an year and claiming no benefits.
Do I need to declare this in her application or not (as we are claiming nothing now)?

Look forward to your views and a quick response.

Regards
Drabiz

[vinny]

a)

Then see Further guidance on new English Requirement and Does your degree meet the B1 requirement?

b) See also Question about SET(M)- husband claiming benefit

[drabiz]

Thanks Vinny.

Unfortunately the links do not answer my query - please can someone help.

Regards
Dra

[Amber]

A) A NARIC statement of comparability plus proof it was taught in English with LIUK will suffice post 28-Oct-2013.

B) No.

[drabiz]

Thanks Amber