SET M or SET O for ILR

[muhammad4639]

Hello All

I have got my ILR Feb 2014 ( via Tier 1 General )
My wife was my dependent ( Tier 1 General Partner )but unable to apply for ILR with me as she did not complete her 2 years while staying with me in UK. And she had an extension for 2 years on 6 June 2014 as spouse/Partner Leave to Remain.
She has completed her 2 years on 8 August 2014. She is going to apply alone for ILR.
which form should she choose SET M or SET O

Please help me to choose the right form.

Many thanks

[muhammad4639]

Any suggestions please, i want to go for premium service

[Amber]

Was your spouse given 2 years leave to remain?

[muhammad4639]

Thanks Amber for your reply.

Yes, she was granted for 2 years visa (spouse/partner Leave to Remain) valid from 6 June 2014 and expires 5 June 2016.

[Amber]

If she applied after 6 April 2014, that was an incorrect decision. However, as she's been granted leave under Part 8 of the rules, she should be able to apply for SET(M) now by virtue of rule 287(a)(i)(d). B1 English and LIUK required.

[muhammad4639]

She has applied for extension on 6 June 2014 in person through FLRM

I need bit more clarification if you can please, can not rely on information provided by HO customer Representative as they do errors and I have experienced recently.

She submitted her file for Tier 1 General Dependent from Pakistan on 4th July 2012 (got evidence) and got visa valid from 24 July 2012
then Entered UK 12 August 2012. And going to complete her 2 years on 12 August 2014.

Will she fall for 2 years category based on application submission on 4th July 2012 ? OR
5 years Category according to rules made on 9th July 2012 ?

I was told 2 years category by HO customer services, and I discuss this issue with my caseworker while applied myself for ILR who also confirmed it in 2 years Catogary

[Amber]

She should have been given leave under Appendix FM if you applied for FLR(M) this should have been for 2.5 years. The error should allow her to settle now.

Really she should have extended as a PBS dep. However, again if leave was granted after 9 July 2012, it should have been a 5 year route. It appears she's been lucky. They may try and revert the leave to leave under Appendix FM.

[muhammad4639]

But I was told by UKBA customer services that she ll fall for 2 years route based on the application submission date (wherever) which was made on 4 July 202 before 9 July 2012 the law was made. And one member of Liverpool PEO also assured me that she will be dealt according to 2 years route

I am not going to play email tennis but would like to request you and anyone who can share their experience if they had faced that tricky situation.

I heard many times that a deadline was set up by UKBA for different visa policies, those who applied before or on the same date of the deadline, were treated according to old rules, please correct if I am wrong.

[muhammad4639]

Amber by means of dedication, and professionalism your are the best on my book – which is a fantastic accolade.
Thank you for your quick reply, We are very grateful for such positive feedback.

[Amber]

The rules changed on 6 April 2014, any PBS dep switching to FLR(M) after this date would be subject to the new rules.

[muhammad4639]

yooooo I have got the solutions of 2 and 5 years route from immigrationboards FAQ, look at below

Note:
Entry clearance application as PBS dependant submitted before 09-Jul-12: The PBS dependant will always be subject to rules in place before 09-Jul-12. The PBS dependant must have lived with the principal PBS migrant in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)(i)). This "2 year" period need not be as a "dependant" and need to be "continuous". *** Probably unchanged? *** These requirements and conditions apply both when extending leave as PBS dependant (319E(d)(i)) or if switching to FLR(M) leave (287(a)(i)(d) or 287(a)(i)(e)) any time during the 2 years period to become eligible for settlement. ***** CHANGES 6th April 2014 *****
Entry clearance application as PBS dependant submitted on/after 09-Jul-12: The PBS dependant will be subject to the new rules introduced on 09-Jul-12. The PBS dependant will be eligible for settlement only after completing 5 year probationary period as a dependant of the principal migrant (319E(d)(ii) or E-ILRP.1.3.). This "5 year" period need not be "continuous"

[Amber]

The first part is debatable, the second part states your spouse should have been given 2.5 years leave.

Note:

Note that the new statement of changes in the Immigration rules prevent PBS dependants (prior to 9th July 2012) from switching to FLR(M) under 284 or 295D (56,58).

What options would Long residence PBS dependants have then?

They would be under the current partner rules and cannot take advantage of 287(a)(i)(d).

[quote="EXPLANATORY MEMORANDUM"]7.11. Corrections are being made to enforce the intention that only dependants of individuals who qualified for settlement under the Points-Based System can apply for settlement as dependants of Points-Based System Migrants. Previously the Immigration Rules allowed dependents of those who qualified for settlement on the basis of long residence to also apply. The change will mean such dependants will need to apply for leave to remain under the rules for family members in Appendix FM before they can qualify for settlement.

Effective 6th April 2014.

Note that

(c) With regard to the other changes, if an applicant has made an application for entry clearance or leave before 6 April 2014, the application will be decided in accordance with the Rules in force on 5 April 2014.

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