Wife SET(M) visa application and claiming Public Funds

[Ali1975]

Dear All, I recently got my ILR on the basis of 10 years long residency and now I am going to apply my wife SET(M) visa as she came here in April 2008 as my dependent.

My wife salary is 26K plus per annum and I just started my own business and my income is zero at this moment. After getting my ILR, I started claiming public funds and currently I am getting child benefit, Housing benefit and child and working tax credits. All these benefits are on my name and coming into my bank account.In SET(M) form, I have to declare all these public funds.

is claiming these public funds have any adverse effect on my wife's SET(M) application? please share your experiences and put some light on this.

Regards.

[Casa]

Child and working tax credit must be claimed in joint names, child benefit in your name only. Have you advised the issuing authorities that you need to be classed as a single person with a child for housing benefit?

[Amber]

Moreover, has/did your spouse switch to FLR(M) before 6 April 2014? If not, she won't be able to apply for SET(M) until 2019 or perhaps SET(LR), 2018.

[Ali1975]

Amber & Casa, thank you for your quick replies Yes, all benefits are on my name and I provided copy of my wife visa to council for HB and council authorities told me that HB claim would not breach my wife visa condition.

and most important, I am very confused about SET(M) or FLR(M) before or after 6 April 2014. My cousin got ILR on 10 years long residency and he applied his wife visa direct on SET(M) after 6 April 2014 at PEO and got his wife ILR within 2 hours with out first converting to FLR(M).

I also consulted 2 well know immigration solicitors and both advised me to apply direct on SET(M) and my wife will get ILR and if my wife not get ILR, home office will give her 3 years discretionary leave and after that she can apply for ILR.

Please give me some advice what I can do in this situation?

Kind regards.

[Amber]

3 years DLR That solicitor is giving you very poor advice, since July 2012 DLR ceased.

You cannot apply for SET(M) without FLR(M)/spouse leave to enter, if a caseworker does so, they are making a mistake, although, one that benefits the applicant.