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Spouse on tier 2 dependent qualifying period for ILR

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fellyblue1
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Joined: Sat Oct 22, 2011 11:45 pm

Spouse on tier 2 dependent qualifying period for ILR

Post by fellyblue1 » Fri Nov 25, 2011 1:50 pm

Hi guys
I would like some clarification regarding qualifying period for my spouse. Here is the info:
He came to the uk as a tier 2 dependent in dec 2009
I applied for ILR in July 2011 which was granted in November 2011
Advised to apply for FLR m for my spouse within 28 days for dependent as current tier 2 is no longer valid
My spouse will complete 2 yrs at the end of nov 2011. I was told by UKBA that he will have to spend 2 years on flr m before applying for ILR Set M
My question is would the years spent on tier 2 dependent visa count towards requirement for Set M?
Is there anyone who has successfully applied for ILR Set M by tallying the yrs spent as a dependent plus time spent of flr m equating 2 yrs?
Would he need to complete 2 full yrs on Flr M?
Thanks for your response

geriatrix
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Re: Spouse on tier 2 dependent qualifying period for ILR

Post by geriatrix » Fri Nov 25, 2011 1:58 pm

fellyblue1 wrote:My question is would the years spent on tier 2 dependent visa count towards requirement for Set M?
Yes, if your Tier 2 leave was in the Tier 2 category that was eligible for settlement (287(a)(i)(d)).
Life isn't fair, but you can be!

fellyblue1
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Posts: 14
Joined: Sat Oct 22, 2011 11:45 pm

Post by fellyblue1 » Fri Nov 25, 2011 2:18 pm

Thanks

geriatrix
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Post by geriatrix » Fri Nov 25, 2011 3:18 pm

But to apply for SET(M) one must have FLR(M) leave. So FLR(M) is necessary ... even if your dependant may complete 2 years in the UK on the current PBS dependant leave.
Life isn't fair, but you can be!

fellyblue1
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Posts: 14
Joined: Sat Oct 22, 2011 11:45 pm

Post by fellyblue1 » Fri Nov 25, 2011 3:29 pm

Yes I will apply for Flr M then Set M shortly after (a few months).....thanks again

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