SET(M) application for my wife

[baba_baba]

Hi Guys,

My wife joined me as a Tier 1 dependent in January 2012, I got my ILR (10 years long residence) in Nov 2013 and my wife switched to FLR (M) and granted leave till June 2016. I am planning to apply for my wife's settlement visa. I read UKBA website guidelines and it takes me to SET(M) form. I have few questions,
1. Is it the right form to be used ( SET(M))?
2. Since my wife initial leave or entry to the UK as my dependent (tier 1) was granted in January 2012, do have to proof minimum income of £18K? If its so, can I show my income and her to meet £18K?
3. As she already spent more than 2 year's as my dependent, can I apply now? ( She has got English test certificate which she initially took for her FLR (M) and now doing life in the UK.

By the way, I have got my British citizenship in April 2015.

Thanks in advance...

[vinny]

When did your wife apply for FLR(M) and how long was it valid for?

[baba_baba]

She applied in Aug 2013 and granted 14 Dec 2013, valid till 04 June 2016

[DevopsConsultant]

I think, according to https://www.gov.uk/remain-in-uk-family/eligibility, that settlement is not an option.

I thought, as you did, that I would be able to apply for settlement. But the rules have changed and she'll have to wait until 2017 to apply with SET(M).

[baba_baba]

Hi DevopsConsultant,

Thanks for your advice, can you quote me the reference from official section of UKBA. As I am trying to browse through their website and I see the rules have changed since 9 July 2012, and she was granted leave to enter the UK as my partner in Jan 2012.

[baba_baba]

I would really appreciate any senior's can comment on this, thank you

[baba_baba]

I have checked the letter we received with my wife's visa, it clearly says that she needs to apply further 30 months extension before she qualifies for ILR. I run a small business and my wife get paid around £900.00 and I pay myself a salary of another £900.00, can I show our combined salary to meet £18,000 threshold?

And I receive child benefit for my son since I have been granted ilr. Is it going to have a negative impact on my wife 's application?

Thanks

[sq]

Hi senior members pls advice me:
I got Ilr on 10 years basis, my wife join me in jan 2010 on pbs tier1 General, after my ilr she applied. FLR M on August 2013 they give her only 2 years visa not 30 months her visa expired on August 2015. On her visa clearly mentioned that she can apply SET m after 2 years.

Now my question is still she is eligible for SET M OR not if eligible which is the best option to apply with Solictor or not. Or we need to post application or HO window pls.

Pls ur suggestion make my wife life.

Tnx SQ

[vinny]

That's correct.

If the FLR(M) was granted for twenty four months, then it was granted under 285 and not thirty months under D-LTRP.

She should be eligible to apply for SET(M) under 288.

[vinny]

She applied in Aug 2013 and granted 14 Dec 2013, valid till 04 June 2016

I think that the caseworker made an error. Leave should have been granted for 2 years, similar to sq's wife.

[baba_baba]

Thanks vinny, what should I do? Should I apply on SET(m) and explain what happened? In her letter it says that she was granted leave within the immigration rules under D-LTRP.1.1 of appendix FM.

[vinny]

Maliksahb's wife and others were successful in applying for SET(M).

[baba_baba]

Thanks Vinny, I will get my wife to pass life in the UK and language test, then I can apply on set(m). We are getting child benefit, will this be an issue for set(m) or flr(m) in future?

[vinny]

If they agree that they made a mistake and should have granted her leave under A280(c), 285 previously, then she may apply for SET(M) under 288 now, subject to meeting the requirements.

I think that you, but not your wife, may claim child benefit, provided that you are not subject to a maintenance undertaking.

[baba_baba]

Thanks Vinny, how should I contact home office? Do they have any particular email address or should I get it from set(m) form or flr(m) form?

Thanks

[baba_baba]

Should I just phone them, if I can email them, i may have something writing. I tried to get the right email address from home office website and SET(M) from, I had not been successful. Can you please help me with the correct email address or any other way to contact home office?

[baba_baba]

Hi Vinny,
I have written an email to UKBA explaining my situation and please correct me if I am wrong

------------------

Dear Visa Officer,

I …................. become a British citizen on 15th April 2015 followed by my initial indefinite leave to remain in the UK was granted on 28th November 2013. I applied for my ILR via long residency (10 years), my wife joined me on 21st of January 2012 as PBS dependent. When I was applying for my ILR , I send an application FLR (M) for wife's extension and requested it to be process upon my ILR decision.

The application was sent 14 August 2013 and my wife was granted FLR(M) 14th December 2013 for 30 months under D-LTRP.1.1 of appendix FM. At that time I did not realise that this was an error, she should have been granted further leave to remain under immigration paragraph 287(a)(i)(d) as she applied before 6 April 2014.


Long residence and point based system dependants

4.5.2
A person granted leave to enter or remain as a PBS dependent before 9 July 2012, whose partner who was a relevant PBS migrant gained indefinite leave to remain on the basis of Long Residence, could have made an application before 6 April 2014, under the transitional provisions in paragraph A280(c), for further leave under Part 8 of the Immigration Rules.

4.5.4 This is because paragraphs 284 and 295D of the Immigration Rules were amended to restrict switching by PBS dependants who have leave as the partner of a relevant PBS migrant. From 6 April 2014, they are not able to switch into the Rules for partners of settled persons under Part 8. The PBS dependant will either need to apply for indefinite leave under the Points Based System if they can qualify, or apply for limited leave to remain as a partner under Appendix FM.

4.5.5 PBS dependants who have already switched to being the partner of a settled person under Part 8 (or have applied to do so before 6 April 2014) can continue under Part 8 and apply for indefinite leave to remain under paragraph 287 or 295G. Their period of leave as a PBS dependant can be combined with their leave as the partner of a settled person to meet the required qualifying period.

I hereby seek your advice on whether I should apply for my wife ILR on SET(M) combining the years that she spent as PBS dependant and settled person dependant on FLR(M) (3 years and 5 months).

I appreciate your help.

[vinny]

The application was sent 14 August 2013 and my wife was granted FLR(M) 14th December 2013 for 30 months under D-LTRP.1.1 of appendix FM. At that time I did not realise that this was an error, she should have been granted further leave to remain under immigration paragraph 287(a)(i)(d) as she applied before 6 April 2014.

Should be:

The application was sent 14 August 2013 and my wife was granted FLR(M) 14th December 2013 for 30 months under D-LTRP.1.1 of appendix FM. At that time I did not realise that this was an error, she should have been granted further leave to remain under immigration paragraph 285 as she applied before 6 April 2014 and she was a PBS dependent before 9 July 2012.

[baba_baba]

Thanks a lot vinny, I will send this email ti them, as soon as my wife pass life in the UK and B1 English test I will apply. I really don't want to wait till 2018 to apply for her ILR. Thanks again Vinny & Maliksahb...

[baba_baba]

Hi Vinny,

I was reading paragraph 285, it says that initially 2
Years should be granted providing Secretary of State satisfied that each of the requirements of paragraph 284 is met.

And in paragraph 284.1 (c) leave was not as a spouse of relevant point based system migrant.

I see this wording in many of home office documents.

Will this have an impact on my wife's set (m) application, as was more like point based system migrant. Prior to my ILR was under old work permit rather than point based system..

[vinny]

284(i)(c) was inserted for FLR(M) applications from 6th April 2014. Your wife had applied before so she isn't affected. 4.5.2 and 4.5.5 apply.

[baba_baba]

Thanks Vinny

[sq]

Thanks VINNY,

SQ here, thanks for ur quick response. One more question when did maliksahb applied for her wife visa please.

whats ur suggestion shall i got on window or shall i post the application please.

Thanks
SQ

[aakkoo]

Thanks a lot vinny, I will send this email ti them, as soon as my wife pass life in the UK and B1 English test I will apply. I really don't want to wait till 2018 to apply for her ILR. Thanks again Vinny & Maliksahb...

hello baba_baba, Can you please share the email address, i am almost in a similar situation and want to confirm before sending my wife case for set (m). Thx

[baba_baba]

UKBA email address : UKBApublicenquiries@ukba.gsi.gov.uk

I am not really sure whether they will send a reply, but I used the above email ID....