FLR(m) to SET (M)

jayachandran · Post by **jayachandran** » Tue May 27, 2014 9:20 pm

Hi,
i applied for FLR (M) in may 2011 for my wife, i got a letter saying that Appliciation has been refused under section 284 hc 395, but however they issued a visa for 3 years till june 2014 under Discretionary Leave outside the immigration Rules, it says that your application has been considered and due to you particular ciucumstances, it has been decided that the secretary of States discretion should be exercised in your favour. You have tgherefore been granted limited to leave to enter or remain the UK for a reason not covered by the immigration rules..

on the paragraph says " it is open to person who has completed six continuous years of Discretionary Leave to apply settlement/ILR. Such an application should be made shortly before his/herDiscretionary leave expires, and it will be considered in the light of all the relevant facts.

Now the question is ?

Can i apply for my wife ILR SET (M ) application now. Is she eligible to apply for ILR or do i need to apply again just to extend her visa under FLR(m).

Please help me and reply me as i have an appointment on 30th may in croydon,i want to know so that i can cancel the appointment if my wife is not eligible before 30th may.

Advance Thanks for the all the members who is helping in this forumn giving there experiencess.

Post by **Amber** » Tue May 27, 2014 10:56 pm

Prior to the application for FLR(M) which was refused, what was your spouse's immigration history?

jayachandran · Post by **jayachandran** » Tue May 27, 2014 11:23 pm

i was a student and got 10 years long resident ILR and now british passport, and she was my dependent (student Dependent)

thank you

Post by **Amber** » Tue May 27, 2014 11:46 pm

She'll have to extend DLR on FLR(O) for a further 3 years, after completing 6 years under DLR or 10 years SET(LR) she can apply to settle. The applications need to be by post only so cancel your PEO.

jayachandran · Post by **jayachandran** » Wed May 28, 2014 7:14 am

Thank you very much Amber for ur reply,
is there any way i can re-book my appointment and apply under premium service for flr(o)

Post by **Amber** » Wed May 28, 2014 1:06 pm

jayachandran · Post by **jayachandran** » Wed May 28, 2014 7:36 pm

hi Amber, can you please tell me if i am applying on FLR (o), what are the documents do i need to submit, do i need to submit my british Passport with the application, my pay slips and proff of living to-geather for 3 years like all our bills and english language requirement certificate..

and i didnt undrestand why did they gave my wife Discreationary leave when i have applied as a spouse visa 3 years back under flr(m) form.what is outside immigration rule.. can any one please explain ...

from last 3 years i was thinking my wife got Spouse visa instead of Discreationary leave, i only found out 2 days back , i was going through all the papers , 3 years paper work, and i found her letter which was send with her visa.

Post by **Amber** » Wed May 28, 2014 11:05 pm

She mustn't have met a requirement, perhaps the English requirement. Anyway, no particular documents, but the ones you suggest seem good, send a copy of your passport. Just state the circumstances are the same and you request another 3 years DLR.

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FLR(m) to SET (M)

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