Hello All,
My wife applied for a UK entry visa for family settlement: form VAF4A in 2013. This is post 9 July 2012 change
https://www.gov.uk/government/publicati ... form-vaf4a
She was initially issued a 33 month visa. I am confused now if she has to apply for an extension on FLR(M) or would she qualify for settlement on SET(O)? Does the 5 year rule apply for family of people settled on HSMP?
My reason for doubt is when I use the Apply to settle link
https://www.gov.uk/settle-in-the-uk
Question 1: What's your situation? - You're the family member or partner of someone who has settled in the UK
Question 2: How did they settle? - On a work visa
Question 3: 'What type of work visa did they settle with?'
i) If my choice is any other work visa, there is no eligibility criteria of stay duration in UK. The categories include a person who’s already settled in the UK and they settled with the last permission held:
UK Ancestry
Work Permit
Highly Skilled Migrant Programme
etc...
However if I change my answer to Tier 1,2 or 5 only then it clearly states:
You must have been given a partner visa and been living with your partner in the UK for at least:
2 years if you applied for that visa before 9 July 2012
5 years if you applied for that visa on or after 9 July 2012
I have played around with all options and the eligibility of 5 years is not mentioned at all if settled on work permit/HSMP route. On all other cases it clearly states the 5 year clause.
Also on the FLR(M) guidance it states you must not use this form to make an application for an extension of stay, as the partner of a person granted indefinite leave to remain in a work route, if you are currently in the UK as their dependant.
categories:
https://www.gov.uk/government/uploads/s ... _11-15.pdf
I applied for my indefinite leave to remain in 2011 after HSMP. Is my wife eligible to apply for settlement even after having first arrived in UK after 9 July 2012?
Kind regards
Vivek