SET(O) for myself & FLR(O) for my spouse???

[tricolor]

Hi
ILR due in couple of weeks.

My brief history:
The case is very straight.
I received HSMP Approval letter in OCT 2006 & visa in Feb-2007. I extended my visa in Feb-2009 and visa status changed to TIER 1 GENERAL.
I got married in June-2011 and my wife joined me in Oct-2011 as dependent.
My visa is due in couple of weeks.

I have a very basic doubt...
For ILR do i need to fill SET(O) for myself & FLR(O) for my wife???

Many Thanks in Advance.

[sunil.suneel]

Hi
ILR due in couple of weeks.

My brief history:
The case is very straight.
I received HSMP Approval letter in OCT 2006 & visa in Feb-2007. I extended my visa in Feb-2009 and visa status changed to TIER 1 GENERAL.
I got married in June-2011 and my wife joined me in Oct-2011 as dependent.
My visa is due in couple of weeks.

I have a very basic doubt...
For ILR do i need to fill SET(O) for myself & FLR(O) for my wife???

Many Thanks in Advance.

Yes SET(O) for your ILR first and once you get your ILR use FLR(M) for your wife ...

[tricolor]

I have read this in FAQs of this site. --- http://www.immigrationboards.com/viewtopic.php?t=79378

I am qualified under HSMP JR category.

Q - I am an economic migrant covered by HSMP JR. What exemptions apply to me, in context of settlement?
A - 1. You are not subject to eligibility criteria (point based) that a Tier 1 (General) migrant is.
2. Your dependant(s) are exempt from the "(2 year) qualifying residential period" requirement.
3. You (and dependant(s), if any) are exempt from LITUK test.
4. You (and dependant(s), if any) are exempt from the new criminality threshold.

Point 2 says "2. Your dependant(s) are exempt from the "(2 year) qualifying residential period" requirement."

But in SET(O) application, in section 10A(All Applicants) we have this statement....."If you have a spouse or civil partner listed in section 2 of this application form who is applying at the same time as you, please provide documentary evidence of cohabitation since you were last granted leave (up to a maximum of two years). Evidence provided should cover the whole period and be in the form of official letters or documents, addressed to yourself and your spouse."

I am confused????

Many Thanks in advance.

[sunil.suneel]

Point 2 says "2. Your dependant(s) are exempt from the "(2 year) qualifying residential period" requirement."

This exemption from your dependants satisfy 2 years stay seem a bit ambiguous ...

http://www.ukba.homeoffice.gov.uk/polic ... les/part5/

Referring to the rules in the above link it nowhere says 2 years is mandatory for those who initially entered under Workpermit Or HSMP (inclusive hsmp jr) ....

Moderators please clarify this ambiguity around the requirement for duration of stay for spouses to apply ILR using form SET(O) at the same time as the main applicant.

[tricolor]

Point 2 says "2. Your dependant(s) are exempt from the "(2 year) qualifying residential period" requirement."

This exemption from your dependants satisfy 2 years stay seem a bit ambiguous ...

http://www.ukba.homeoffice.gov.uk/polic ... les/part5/

Referring to the rules in the above link it nowhere says 2 years is mandatory for those who initially entered under Workpermit Or HSMP (inclusive hsmp jr) ....

Moderators please clarify this ambiguity around the requirement for duration of stay for spouses to apply ILR using form SET(O) at the same time as the main applicant.

Thanks a lot sunil for your reply.
I have asked the same question to a solicitor & i got this reply.

"As you are covered by the HSMP judicial review, you only have to provide evidence that you have co-habited since her entry to the UK. As such you do not need to show evidence for a full 2 year period."