Change of Leave to Remain to settlement

[pkaur77]

HI Everyone
I would be very thankful if you can advise on the following case
I came to UK 18/09/2011 on Tier 2 (MOR) Dependent visa which was valid from 08/09/2011 to 01/11/2012.

My husband competed his five years on Tier 2 old style work permit as Minister of Religion and Tier 2 (MOR) visa, but his application was rejected as Home Office did not consider completion of five years. He filed appeal, but during the appeal got another sponsor and filed application as Tier 2 (MOR) and got visa, now with new visa he completed five years and got Indefinite Leave to remain in August 2015.

WE have son who is three years and got British Citizenship this year.

When my Tier 2 Dependent visa expired I filed an application as spouse of settled person on 01/11/2012 which was refused on 09/08/2013, as my husband application for settlement was refused. I did not filed appeal against this refusal as my solicitor advised get my husband settled status.

I filed application FLR (FM) on 22/08/15 when my husband got indefinite leave to remain and was granted leave to remain for 30 months until 16/04/2018.

My questions are
1. I filed application for settlement as I remained on Tier 2(MOR) dependent from 18/09/11 to 01/11/12 and then my application as spouse of settled person after Tier 2 Dependent expiry which was refused on 09/08/13,if all period is taken it is more than two years as I got visa as Tier 2 dependent before July 2012 rule changes. Can I apply for settlement on that basis
2. If not when I can go for settlement.
No application or appeal was pending between the period 09/08/13 to 22/08/15 on my behalf.
Now I have Leave to reamin as result of my FLR(FP) application for 30 month, can this leave be changed to settlement on basis of Tier 2 dependent
Thanks
Kaur

[CR001]

You had no legal status in the UK for 2 years. Your clock was reset to zero when you were granted your current visa. This period of no legal status will also have an effect on any citizenship application you make once you get ILR.

You state you applied for FLR(M) in 2015 and then state you have FLR(FP) for 30 months. Which one is it, as they are slightly different and have different routes to ILR.

[pkaur77]

Hi
Thanks for reply the present leave to remain is granted on the basis of FLR (FP) filed in 2015 not FLR(M).
MY concern is at in the beginning when I entered UK on 18/09/2011 was on Tier 2 dependent visa and remained on that until 01/11/2012 and applied for extension as spouse of settled person on 01/11/2012 which was refused on 09/08/2013.
So will period from 18/09/2011(Date I entered UK) to 09/08/2013(Date my extension application after Tier 2 Dependent visa expired) be considered as two year for settlement as dependent of Tier 2 or
AS my present leave is based upon FLR(FP) and I have to wait for 10 years for settlement or
Is there any way out for my early settlement.
Thanks
with regards
Kaur

[CR001]

No, that period is lost now. You are not on a Tier 2 Dependent that would permit you to apply for ILR on form Set(O). The 2 year gap of having no valid visa doesn't help your situation either as you would be considered an overstayer. You should have appealed the refusal to keep your 'status active' if you had the option to appeal. At the very least, you should have applied for a Tier 2 dependent visa with your husband or shortly after he got his visa.

You can switch to FLR(M) 5 year route IF you meet all the requirements. There is no quicker route for you unfortunately.

[pkaur77]

Thanks for your help
Kaur