ILR Spouse

[ikhan7]

Hi,
Asking this question on behalf of my Friend. He need help for his wife ILR. The situation is below:

I got naturalized this year , before that I was on T1 G visa. My wife came here on T1 G dependent now I want to apply ILR for my wife. Could you please tell me if the form Set (O) is the correct form to use?

Thanks

[CR001]

Assuming the spouse came to the UK pre 9th July 2012, it is form Set (O) she applies for ILR on.

Also assuming your 'friend' got ILR based on 5 years residence (different rules if on 10 years long residence).

If she only got her visa after the above date, she doesn't qualify for ILR.

[ikhan7]

Assuming the spouse came to the UK pre 9th July 2012, it is form Set (O) she applies for ILR on. yes she came before July 2012.

Also assuming your 'friend' got ILR based on 5 years residence (different rules if on 10 years long residence).
Got ILR on 10 years long residence.

If she only got her visa after the above date, she doesn't qualify for ILR.

Hi CR001,
First of all thanks for quick response. see comments above.

[CR001]

When did your friend get ILR based on 10 years long residence?

His spouse doesn't qualify for ILR on Set(O). She has to apply on FLR(M) and this will reset her clock to zero.

[ikhan7]

When did your friend get ILR based on 10 years long residence?

His spouse doesn't qualify for ILR on Set(O). She has to apply on FLR(M) and this will reset her clock to zero.

He got ILR April 2014, so she has to apply on FLR(M) ?

Thanks

[CR001]

Yes, FLR(M) is her only option. She should have applied, ideally, shortly after he got ILR. She has lost 2 years now towards what could have been the new 5 years FLR(M) residence.