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Without knowing your complete immigration history it's very difficult to answer your question.fahadz1 wrote:As my case is also not straight forward so should i apply through PEO or by post ?
I'm on tier 1 completing 5 years. every thing is fine just 6 months gaps consecutive for personal reasons.malepiscean wrote:Without knowing your complete immigration history it's very difficult to answer your question.fahadz1 wrote:As my case is also not straight forward so should i apply through PEO or by post ?
For your other questions, have you actually read the form(s) or guidance?
hey linkers, am I wrong in saying that he should be using FLR(M) (not FLR(O) for his wife after he is granted ILR ?linkers wrote:you will use SET(O) form and your wife will use FLR(O)
yes, she has to apply on a separate form, and pay a separate fee as she is not applying for ILR with you. When does your wife's leave expire and when are you applying for ILR? You may wish to wait until your application is granted unless your wife's leave will expire in the process.fahadz1 wrote:thanks you very much guys...
i will make seperate form for her ? and i think fee is also much more than dependant.
she has the same LTR as i have. so i think I have to post or PEO at same time.Greenie wrote:yes, she has to apply on a separate form, and pay a separate fee as she is not applying for ILR with you. When does your wife's leave expire and when are you applying for ILR? You may wish to wait until your application is granted unless your wife's leave will expire in the process.fahadz1 wrote:thanks you very much guys...
i will make seperate form for her ? and i think fee is also much more than dependant.
The problem is your wife can't switch until you have been granted ILR. If she applies at the PEO on the same day, then in the event your application hasn't been decided (because they can't make a decision on the day) your wife's application will fall for refusal. Also bear in mind you can't book a family app at the PEO as you are not applying together as a family.fahadz1 wrote:she has the same LTR as i have. so i think I have to post or PEO at same time.Greenie wrote:yes, she has to apply on a separate form, and pay a separate fee as she is not applying for ILR with you. When does your wife's leave expire and when are you applying for ILR? You may wish to wait until your application is granted unless your wife's leave will expire in the process.fahadz1 wrote:thanks you very much guys...
i will make seperate form for her ? and i think fee is also much more than dependant.
your friend needs to register and post himself since whether his wife can apply with him depends onhsmp_victory wrote:I am not trying to hijack the thread but one of my friend has a similar issue. He is applying for SET(O) on 21st of January 2012. But his wife (whose visa is also expiring at the same time as his) has only been in UK living with him for 1 year and 7 months (although they have been married for 2 years and 2 months in total). They also have a child born in UK. Can he include his wife's name in his SET(O) application with his child or no?
The SET(O) form states:
"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."
Now these words of upto a maximum of 2 years are very misleading (atleast to me). Does it mean it can be a little less than two aswell otherwise they would have said atleast or minimum of 2 years.
Would be greatful for a quick reply from experts.
Greenie wrote:The problem is your wife can't switch until you have been granted ILR. If she applies at the PEO on the same day, then in the event your application hasn't been decided (because they can't make a decision on the day) your wife's application will fall for refusal. Also bear in mind you can't book a family app at the PEO as you are not applying together as a family.fahadz1 wrote:she has the same LTR as i have. so i think I have to post or PEO at same time.Greenie wrote:yes, she has to apply on a separate form, and pay a separate fee as she is not applying for ILR with you. When does your wife's leave expire and when are you applying for ILR? You may wish to wait until your application is granted unless your wife's leave will expire in the process.fahadz1 wrote:thanks you very much guys...
i will make seperate form for her ? and i think fee is also much more than dependant.
I think you have a few options
1)
Book an appt for yourself in the morning, and you wife later in the day and risk not being able to submit your wife's application if yours isn't granted
2) Apply yourself by PEO and then submit your wife's application by post before her leave expires, and hopefully also once you have ILR (and if not ask them to not consider her app until yours is granted)
3) Submit both apps by post (separately, as they need to be posted to the relevent addresses on the forms) and ask that your wife's app is not considered until yours is, although we did have a member of the forum who did this and his wife's app was considered first and refused.
I dont understand ... you know that UKBA never return your application until your LTR expire .. in this case how come i wait for my wife to wait or when she will send her case ?Greenie wrote:you cannot apply together for the reasons already explained. You can't book a family appointment because you are not applying together as a family, so you can't submit the applications together at the PEO.
The SET(O) and FLR(M) forms have different postal addresses, therefore if your enclosed the FLR(M) form with the SET(O) it could cause problems as it will have to directed to the correct team or they may treat it as an invalid application.
If you apply in person a few weeks before your leave expires (presuming you qualify then), you should, if your application is straightforward, have your ILR in time for your wife to apply for FLR(M) by post before her leave expires. With respect to whether they will hold off on a decision, there is no guarantee they will, but I am not sure there is a better option.
I think I have expanded on this enough. If you want further advice consult and pay an immigration solicitor for it.
ya u r right. but you told me there is a case where caseworker have make decision before main applicant decision.Greenie wrote:so basically the options I already gave you! - apart from your wife going home which I think is not necessary.
thank you for your valuable advise. do they make decision in 4 weeks time ? i dont think so. 6 weeks are normal.Greenie wrote:They will take the fee -you can't request that they don't because without paying the fee she has not made her application. You will not get the fee refunded in the event that your application is refused.
It is not that they are not processing her case rather they are considering your application before hers. They will still take the fee, check the application is valid and send out the biometric invitation letter because all of this is done before a caseworker looks at the application and your letter. No one can guarantee that they will not make a decision on your wifes application first however the chances are they will decide your first and in addition if you apply 28 days before your leave expires in person then you will have four weeks to wait for your decision before you will need to post your wife's application and she can also delay her biometrics as already explained.