FLR(M) or SET(M) for wife on PBS Dependant?

[razs]

Hi,
just to describe the situation
My Visas:
HSMP - 15/02/2008 till 15/02/2010
Tier 1 (General) Migrant - 14/01/2010 till 15/02/2013
Tier 1 (General) Leave to Remain - 12/02/2013 till 15/02/2015 (Extension to cover 3 months late arrival on 16/05/2008)
Settlement ILR - 20/05/2013

My Wife's Visas:
Tier 1 (General) Partner - 22/02/2012 till 15/02/2013
PBS Dependant Leave to Remain - 12/02/2013 till 15/02/2015

My wife has passed LIUK and GESE Grade 5 - B1 exams
She has not received any benefits on her name
Next baby due in mid November 2014

I am earning more than £ 35k
I am getting child benefit for my only daughter on my name after i got ILR
I can manage my finances without child benefits

Initially I thought my wife can apply for ILR after spending 2 years on any valid Visa but it looks like this is not the case.
i am not sure what is the way forward...

Does she need to apply on FLR(M) form and she will spend another 2 years on "partner of setle person" visa before applying for her ILR?
Will 2 years be enough or does she end up in 5 years route?
Or can she apply on SET(M) now?

Please guide
Many Thanks

[Amber]

PBS dep extension - https://www.gov.uk/government/uploads/s ... _07-14.pdf

[razs]

Hi Amber,
Many Thanks for the reply

I must not have explained it right...
I got my ILR since 20/05/2013 but did NOT re-applied for her visa with me in my ILR application and she is still on
PBS Dependant visa 12/02/2013 till 15/02/2015.

Sorry but I am unable to undersatnd is she still should apply as PBS dependant now (as your link suggests). Provided that i have got ILR and i am not on PBS Visa now?

A detail might help me!
Many Thanks for your patience

[Amber]

Yes, a PBS dep extension is correct. How long has she been a PBS dep? Was she a T1 dep in February 2012?

[razs]

Sory for ignorance...

My wife got her first Entry clearance on 22/02/2012 and arrived in the UK on 03/03/2012 (well before 9-July-2012)

Is that right that rule for Tier 1 (General) Dependant spend 2 years to be eligible for ILR is NO MORE VALID even if Tier 1 (General) Dependant got Entry Clearance before 9-July-2012?

Is it right that now she has to complete 5 years in PBS Dependant Category to be eligible for ILR?

Aldo if i choose FLR(M) then it is even worst as it will start the residance period from scratch?

Really Confused!
Please guide..

[razs]

Sorry Amber seen your last post now....

yes she was Tier 1 General Dep when she first got her visa on 22-February-2012

[Obie]

Provided she has spent 2 years with you, she can apply for ILR as she is a pre 9/07/12 beneficiary.

[razs]

Hi Obie & Amber,

Thanks both for your valuable input....That is a relief...

Would it be SET(M) form she should be applying on?

Many Thanks

[Amber]

SET(O) from 28 days before 03/03/2014. B1 and LIUK required.

[kamsy]

HI
I WAS ISSUED SPOUSE VISAS ON THE 20/02/2012 TO JOIN MY WIFE IN THE UK AND MY VISAS WAS TO EXPIRE ON THE 20/05/2014.AND I WENT BACK TO MY HOME COUNTRY TO DO CHANGE OF NAME ON MY PASSPORT AND ON THE PROCESS THE IMMIGRATION MISPLACED MY PASSPORT AND IT TOOK ME 3 MONTH TO GET A PASSPORT AND I WENT TO THE THE EMBASSY ON THE 11/05/2014 FOR A REPLACEMENT OF SPOUSE VISA AND I WAS ISSUED ANOTHER VISAS IN CONTINUATION OF THE PREVIOUS VISA WHICH WILL EXPIRE ON THE 20/05/2014 MEANING I WAS ISSUED 4 DAYS VISAS,I GOT TO THE UK ON THE 18TH OF MAY 2014 BEFORE I COULD PREPARE MY PAPER WORK ITS TOOK ME A WEEK PLUS AND I SUBMITTED MY APPLICATION ON THE 30/05/2014 10 DAYS LATE AND THE LAW SAID YOU CAN SUBMIT NOT MORE THAN 28 DAYS LATE AFTER PREVIOUS VISAS EXPIRE I HAVE RECEIVED ACKNOWLEDGEMENT AND BIOMETRIC FINGER PRINT HAS BEEN DONE AND UP TILL NOW I HAVEN'T HEARD ANY THING FROM THE HOME OFFICE WILL MY LATE SUBMISSION AFFECT MY APPLICATION SINCE I SUBMITTED EVIDENT OF WHY I SUBMITTED LATE LIKE POLICE REPORT AND SWORN IN AFFIDAVIT? PLEASE PUT ME THROUGH THIS WEEK IS NOW 15 WEEKS I HAVE SUBMITTED MY APPLICATION

[imi99999]

Hi nice people I got few questions
I am on tier 1 general and been in uk since 26 mar 2005 (student) and long residency will achieve in mar 2015, although my tier 1 general ilr due in July 2015 but I don't want to persuade that for x.y.z reasons also as SHAH GEE QUOTED " A bird in hand is better than two in bushes"
Now my case is straight forward with no break.
My wife and two daughters aged 10 and 11 now from Pakistan arrived as my dependant in nov 2006. Now what option should I have other than
Apply their flr(m) and wait till nov 2016 when their 10 year long residency will be completed.
Any other option?
In above option got two questions
1. My wife was absent from uk in 2007 for 4 months and 10 days, will that break continuous residency?
Life in uk book quotes
" if you are applying ILR and you have absence totalling more than180 days during any consecutive 12 month period during your residency period, you may have your application refused. YOUR RESIDENCY WILL ALSO BE CONSIDERED BROKEN IF YOU ARE AWAY FROM UK FOR MORE THAN 90 DAYS IN ONE GO"

2. Although we lived together ever but my wife only have her bank registered on the address nothing else or may be her GP address, although I have just made her my joint account holder on bank,council tax, gas and electricity and water but It is just recent which would not cover period of 2 years, any suggestion ?

3. My wife will also be completing her 5 years on PBS dependant in July 2015. So can she apply on that bases for ilr if I vary my app to long residancy

4. What if I go for tier 1 gen ilr and God forbid get refusal, can I apply for long residancy ilr?

Thank you for replying

[kamsy]

Current visas expire:20/05/2014
Application posted:30/05/2014
Received by HO:02/06/2014
Money taken out from account:03/06/2014
Acknowledgement letter receive:06/06/2014
Biometric letter receive :14/06/2014
Biometric done:18/06/2014
MP sent letter to expedite application :26/08/2014
But still waiting for decission

[razs]

Hi,
it has been a great help from this forum,
Really appreciate your guidance.
Thanks Amber and Obie

As advised by both of you.
Applied for my wife visa on SET(O) form for her ILR in Oct 2014
Got her ILR recently

Thanks for all your help
Keep up the great work

Can close this thread..