Can I include my partner in ILR long residence application

[irsh]

Hi All,
I will be completing 10 years in September 2011, as legal, continuous stay in the UK. I will be applying for my ILR shortly using SET (O). My visa history is as follows;

2001 - 2008 = Student
2008 - 2010 = Tier 1 PSW
2010 - 2013 = Tier 1 General

My Wife joined me in the UK in July 2009. Her visa history is as follows;

July 2009 - Jan 2011 = Tier 1 (Post Study) Partner
Jan 2011 - Jan 2013 = PBS Dependant

Now she has completed over 2 years as my partner/dependent in the UK.

1 - Now can she apply with me for ILR, when I apply for my ILR?
2 - If so what form set would she use?
3 - Please clarify my situation....

Thank you all for your assistance in advance. I'm struggling with this. Please help and your time is much appreciated.

[vinny]

1. No.
2. FLR(M) after you're granted ILR.

[irsh]

Hi,
Thanks for the response vinny.
Just one quick clarification.
Once I'm granted ILR, Since she has spent over 2 years as my partner/dependant, would she not be able to apply using SET (M) for ILR straight away.
I saw that being mention in one of the topics in here.

Thanks, Thanks again!!!!!

[vinny]

It may be possible to apply for SET(M) immediately after grant of FLR(M).

[irsh]

http://www.ukba.homeoffice.gov.uk/polic ... 1migrants/

In this page I found the below;
--------------------------------------------------------------------------------
319E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant .
(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.
(e) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.
(f) The applicant and the Relevant Points Based System Migrant must intend to live permanently with the other as their spouse or civil partner, unmarried or same-sex partner.
(g) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is aged 65 or over at the time this application is made; and
(h) The applicant does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.
------------------------------------------------------------------------------

Also the topic;
http://www.immigrationboards.com/viewto ... c&start=20
As tagged by you, it concludes with t ... s so much.

[vinny]

(b) The applicant must be the spouse or civil partner, unmarried or same-gender partner of a person who is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant .

A problem may be that you're a person who is, at the same time, being granted indefinite leave to remain as a Long resident (276A-276D) migrant.

[osteophytes]

Also the topic;
http://www.immigrationboards.com/viewto ... c&start=20
As tagged by you, it concludes with t ... s so much.

I am in a similar situation. Any progress in response to your query?

[LondonResident]

Hello guys,

I am in the similar situation. I am on Tier 1 from last 4 years (however complete my 10 year residence within 6 month time) and I will be eligible for ILR via long residence before Tier 1 route.

One person received his wife's ILR recently after switching her visa from Tier 1 dependent - FLR(M) - SET(M). Please see below linked.

http://www.immigrationboards.com/viewto ... highlight=

I understand that was the test case and hopefully things will be same for other applicants as well. If someone knows any other successful case similar to this, please share.

Regards,