FLR (M) or SET (M)

[jacobparslow]

Hi,

I am so confused please help. I've tried to get the information from previous posts but everyone's situation is lightly different.

I am a UK national. My wife has been in the UK for about 2 years now and has a spouse visa which she got before 9th of July 2012.

She now wishes to apply for indefinite leave to remain this year and citizenship next year.

My question is this. For applying for indefinite leave to remain in two months. Should she use the FLR (M) form or the SET (M) form?

The SET (M) forms says "If you were not last granted limited leave to enter or remain as the partner of a person present and
settled in the UK under paragraph 281, 284, 295A or 295D, you must not use this form. The correct form to apply for further leave to remain on as a partner of a person present and settled is form FLR(M)."

Does this mean as she was granted a 2 year spouse visa she should use SET (M)?

Any help appreciated so much.

Thanks for taking the time to read
Jacob and Marisa

[CR001]

Use form SET(M). LIUK and English Level B1 test required.

[jacobparslow]

Hi CR001,

Thanks so much for taking the time to reply!

Can I just ask how certain you are she should use SET (M)?

I just don't understand the part The SET (M) forms says "If you were not last granted limited leave to enter or remain as the partner of a person present and settled in the UK under paragraph 281, 284, 295A or 295D, you must not use this form. The correct form to apply for further leave to remain on as a partner of a person present and settled is form FLR(M)."

You think she does count as been granted limited leave to remain in the UK under paragraph 281, 284, 295A or 295D?

She has already passed her LIUK (they were amazed she got 100% and has got her level B1 English.

Thanks again!
Jacob and Marisa

[Casa]

100% SET(M). She can submit her application on the 2nd anniversary of the date she entered the UK on her spouse visa...or no later than the visa expiry date.

[jacobparslow]

Thanks Casa!

Just so worried we do something stupid like fill in the wrong form.

Thanks for taking the time to read and respond.

Jacob and Marisa

[tanz5656]

Hi
I think if I am not wrong , if you got ilr on 10 years basis you need to apply for her on flr m first and when she get visa than you can apply on set m for her indefinite.

[CR001]

Hi
I think if I am not wrong , if you got ilr on 10 years basis you need to apply for her on flr m first and when she get visa than you can apply on set m for her indefinite.

Not relevant. The OP is a British citizen and wife was on a settlement spouse visa. Set(M) is the correct form.

[tanz5656]

Yes it's

[CR001]

Yes it's

Can you explain how your post/comment relating to ILR long residence and pbs spouse is relevant to a non-pbs spouse of a British Citizen?

[cee14]

For applying my partner ILR/FLR, I noticed following in SET (M) guidance:
"If you were not last granted limited leave to enter or remain as the partner of a person present and settled in the UK under paragraph 281, 284, 295A or 295D, you must not use this form. you must not use this form. The correct form to apply for further leave to remain on as a partner of a person present and settled is form FLR(M)"

I got ilr (long residence) now. Before ilr I was on Tier-4 visa.
My spouse was first granted a dependant visa on the basis of my that time visa (work permit) in 2006 ( i.e. before 2012)& Current visa is Tier-4 dependant visa.

If I take the meaning of above clause correctly - my spouse can apply directly on SET (M) because
a) she lived on partner dependant visa since 2006 and which is before 2012
b) I am now settled in the UK (due to grant of my ilr)
Am I correct??

Thanks

[vinny]

No.

[cee14]

Vinny,
On their web site (please see below), I put the details and it looks possible:

https://www.gov.uk/settle-in-the-uk/y/y ... study-visa

I also tried to understand the text in the link in your "No" . I think It would be useful if you could put some light in simple text why it is No.

Because if SET (M) is not correct and dependant can remain on current tier-4 dependant visa until they reached their 10 years regal stay - only worrying point is if I change my study mode from full time to part time then what will happen to dependant's visa as university will notify to ukvi and their visa may be curtail before reaching 10 years?- what you suggest on this?
Thanks

[vinny]

What didn't you understand from the link(s)?

Eligibility

You need to have been living in the UK with a ‘partner of a settled person’ visa for:

is not applicable because your spouse does not have leave as the partner of a settled person.

I think that your spouse may remain on the current leave until it expires or is curtailed. Apply under Long residence if/when possible. But should not travel.

[cee14]

Thanks Vinny,
Oh! it is the living 2/5 years as "partner of settled person visa". I thought 2/5 years living as partner of a person who is settled irrespective of when he got ILR.
I understand that dependent can live on current tier-4 dependant visa until they reach 10 years however due to travelling etc I think changing their dependant visa reflecting my current visa status (ILR) would be appropriate. What do you think?
In my refined understanding now they need to apply a visa on FLR(M) for 2.5 year duration (paying visa fee + NHS charge £500) showing £24,800 annual income (spouse with 2 kids) as a family (me & my spouse earning). And next year (when they reach 10 years ) they can apply their ILR on SET(LR) on their own 10 year long residence.
Am I correct?

[vinny]

Yes. You are correct. If travelling, then they should switch to FLR(M) as soon as possible.

[cee14]

Thank you Vinny