Set LR variation before set m decision

[funda]

My husband has been my dependent from march 2008. I currently have my ILR (10yrs) application with the home office. He has the SET (M) application pending as well. My question is, can my husband vary to ILR (10 yrs) on his own pending the receipt of my application decision.

Immigration history below:
student visa - September 2008 to January 2009
PSW - Initially refused but approved after appeal- September 2009 to September 2011
Tier 1 General - April 2011 - April 2013
Tier 1 General - June 2013 - July 2016
Applied ILR June 2016 via post ( No decision was given but submitted questionnaire march 17)
Varied to ILR (10 years) - September 2017.

I have tax amendment for 2012/2013, hence why I varied our application. we have always applied on time and we also appealed the PSW on time.

[CR001]

He has the SET (M) application pending as well.

Your husband doesn't qualify for ILR on Set(M) if he holds or held a PBS Dependent visa. A Set(M) application will likely be refused as he doesn't qualify.

Once you got ILR based on long residence, he is required to switch to spouse visa on FLR(M).

What is his full UK immigration history?

Assuming the immigration history you have posted is yours, you don't qualify for long residence ILR yet if you only entered the UK in September 2008.

student visa - September 2008 to January 2009

[funda]

Apologies, I came into the UK September 2017.

My husband has been my dependent on all my visas since march 2008.

I meant I switched his ILR Tier 1 dependent application to set(M) when I switched mine to Set (LR) in September 2017.

Thanks for your quick response.

[funda]

Apologies again. I keep typing the wrong dates. student visa from September 2007.

Husbands application was varied in September 2017 from ILR tier 1 dependent to Set (M) because I varied my application to SET (LR).

[vinny]

He has the SET (M) application pending as well.

Your husband doesn't qualify for ILR on Set(M) if he holds or held a PBS Dependent visa. A Set(M) application will likely be refused as he doesn't qualify.

Once you got ILR based on long residence, he is required to switch to spouse visa on FLR(M).

He may vary to SET(LR), if he's eligible under Long residence too.

[funda]

Thanks Vinny.

I guess I am overthinking this.

He has been here since 03 March 2008, never spent up to 30 days outside in a year. He is due from 03 February 2018.

I was told by a solicitor that the fact that the main applicant all through his immigration history does not have ILR yet(pending application) would not make him eligible and they would refuse it. I am thinking of him going to vary via premium service. I know he wont get same day decision but was thinking that would ultimately be faster than postal application.

[vinny]

Dependants may be eligible under Long residence independently.

[funda]

Thank you.

[funda]

I applied for set 0 ILR under tier1 general in June 2016. I did tax amendment for year 12/13. So varied my application to Set LR in September 17 and my husband's to Set m. We then varied my husband's application to set LR on 30 March 2018. It was received by Ukvi on 03 April 2018 and money taken on 05 April 2018.
My husband received a rejection of his set m with right of appeal letter dated 06 April 2018. He received an acknowledgement email of his set LR on 11 April 2018. I then received my set LR decision (refused due to tax amendment with right of appeal as they acknowledged that I do have 10 years legal stay) today but dated 04 April 2018.
My questions are:
1) Does my husband still have 3C as his variation to set LR was made and money taken before his set m decision. We have been advised that he should not appeal the decision as his set LR is already in progress.
2) will my tax decision affect his set LR ( I was a sole trader).
3) I have until Wednesday to send my own appeal, will the appeal filing date be the date it is done or when it's received by post office.
Thank you for your response in advance.

[CR001]

Your husband didn't qualify for ILR on Set(M)!

There is a strong possibility that the refusal was processed before his LR app variation was received.

Did he include a covering letter with his LR application and copy in the Set(M) department.?

[funda]

The application was leave to remain as my dependent when I varied mine to 10 yrs. He did a covering letter with his variation.

[funda]

He did not copy in the set m department. He just included it to on the set LR application.

[CR001]

The application was leave to remain as my dependent when I varied mine to 10 yrs. He did a covering letter with his variation.

So FLR(M) not Set(M) then. Set(M) is an ILR application.

It's a completely different department to LR

[CR001]

I have Merged your topics.

He could have varied in February. Why did he wait to vary as the risk was always there that he would find himself in this situation where the two applications crossed.

[funda]

Thanks for merging the post.
He could have varied it in February but a solicitor advised him to wait and do our daughter's 10 years passport application first ( she was born in the U.K.) to make our case stronger. He was told by the solicitor to wait but I eventually convinced him to do it in March.
No need crying over split milk. I am hoping that his 3C is allowed and these decisions don't affect his set LR.
What are your thoughts

[funda]

Pls does anyone know if my husband's 3C is still protected as he made his variation before the refusal letter of his flr m application was made.