Can she apply ILR soon she got Spouse visa?

[aa1112]

I was on tier-2 General visa,last week I got my Indefinite leave to Remian visa (10 yrs long term catergery).My wife and 2yr son (born outside uk) still on Tier-2 dependent visa (expires 11/12). My question is

1.My wife and son leaved more than 2yrs in UK

a)What form they need to fill to extent their stay.FLR(M) or SET(M)

b)If they have to apply FLR(M) they need to spend 2yr more on same to eligible for ILR? or

C)Can she apply ILR soon she got Spouse visa?

D)Can my child apply directly for settlement without switching to FLR(M)?

2.Is there any time limit to switch visa catergery (dependent to spouse)if yes ? how many days?

Thanking you in advance for you guidance

[geriatrix]

1.My wife and son leaved more than 2yrs in UK

Assuming "lived" instead of "leaved", then:
1a. FLR(M).
1b. Follow 1c.
1c. Apply for SET(M) as soon as FLR(M) is issued.
1d. Yes, but will be a costly proposition as compared to being included as a dependant in FLR(M) and SET(M) application.
2. No, the dependant(s) should switch to FLR(M) leave before his / her current leave expires or he / she travels outside the Common Travel Area (whichever is expected to occur first).

[aa1112]

Hello sushdmehta,
My wife got her flr(m) and today I called up HO to ask whether she can apply for her ILR immediately.They said no she has to complete 2 years of stay in UK on spouse visa.When i quoted 287(a)(i)(d) she said it is for those who complete 5 years of stay on tier 2 visa and get ILR and because i got ILR on basis of 10 years residencey she is not eligible to apply for her ILR.(My wife was tier 2 dependant and has been in UK for 2 years now).Any help please????
My son also got his flr(m) dependant visa with his mother.Does he needs to switch to set(o) along with my wife or he is eligible for naturalisation along with me in September 2012???
Thanks in advance...

[vinny]

Hello sushdmehta,
My wife got her flr(m) and today I called up HO to ask whether she can apply for her ILR immediately.They said no she has to complete 2 years of stay in UK on spouse visa.When i quoted 287(a)(i)(d) she said it is for those who complete 5 years of stay on tier 2 visa and get ILR and because i got ILR on basis of 10 years residencey she is not eligible to apply for her ILR.(My wife was tier 2 dependant and has been in UK for 2 years now).Any help please????

See also FLR or ILR for my Dependant and wife ILR granted today at croydon.

[vinny]

My son also got his flr(m) dependant visa with his mother.Does he needs to switch to set(o) along with my wife or he is eligible for naturalisation along with me in September 2012???
Thanks in advance...

To be safe include him in his mother's SET(M). However, see also On Discretion basis MN1 application for child born outof uk.

[aa1112]

Hello Vinny,
Thanks for the quick reply..Just wanted to know do i need to add my son as dependant on set(m) form or can apply directly for naturalisation along with me at the end of the year????
Thanks once again...

[aa1112]

thanks for ur help...appreciate it!!!!Have a great day...

[mohd24]

Hiii,
I have been granted ILR on the basis of long residency.I am in the same scenario as above and I need to apply for my wife flr(m).I just wanted to know do i need to add my daughter as dependant on flr(m) or can add her directly on set(m) form without adding her on flr(m)???
Great place to share information...
Keep up the good work...
Thank you for all the information and help

[vinny]

If you child wasn't born in the UK, then it's safer to include her in FLR(M) and SET(M).

[aa1112]

Hello,
As i said my wife and son recently got their FLR(M) and I am looking forward to apply for ILR for my wife and son on the basis of 287(a)(i)(d).Currently the UKBA website doesnt shows any personal appointements for SET(M) service in Birmingham except Croydon.I am bit scared because in croydon they take the payment first and then the case worker decides on ur application and if they feel your application is not successful no refund unlike Solihull where decision on ur application is made first and if its successful they ask you to make payment..And I was thinking is it worth risking 2025£???I was wondering if you can please help me write a covering letter with my wife application stating the immigration rule 287(a)(i)(d) and explaining how she is eligible to get her ILR immediately after switching to FLR(M) as she has already spent 2 years in UK.So that in case they refuse her giving her ILR I can show them the letter and explain.
Many thanks in advance for ur help.

[aa1112]

Hi,correct me if i am wrong? the immigration rule 287(a)(i)(d) also applies to Tier2 dependants as both the casses which got sucesses were Tier1 dependants.
Thanks again.

[Greenie]

Hi,correct me if i am wrong? the immigration rule 287(a)(i)(d) also applies to Tier2 dependants as both the casses which got sucesses were Tier1 dependants.
Thanks again.

yes - it applies to tier 2 dependents to (in fact when they changed the rules last year, they changed the phrase to dependent of relevent PBS migrant' to include tier 2 dependents.

[aa1112]

Thanks"Greenie" for quick reply.
If guru's like you or moderators guide me writing a covering letter with my wife application stating the immigration rule 287(a)(i)(d) and explaining how she is eligible to get her ILR immediately after switching to FLR(M) as she has already spent 2 years in UK.
So that in case they refuse her giving her ILR I can show them the letter and explain.

Many thanks in advance for ur help.

[aa1112]

Hello,
Got appointment on friday at croydon for set(m).Please help me write a covering letter for my wife application regarding 287(a)(i)(d).Please guide me what to mention in the covering letter..
Many thanks

[aa1112]

Hii,
Met a solicitor regarding my wife set(m)...He said me that she is not eligible for applying her ILR.The reason he gave me is below..

You have typed /read paragraph 287 incorrectly -
287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:

(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom; or

Therefore as you have not been the spouse of him for 2 years yet since he obtained his ILR, unfortunately you would not be able to apply yet.

what do u suggest shall I still go on with my appointment in croydon on friday for her set(m) or wait for 2 years.
Please reply....
just got 2 days to decide...
thanks in advance..

[aa1112]

Hi:every one,
Time to pay back valuable feedback to add more value to this forum.My special thanks to Shusdmehta,Vinny,Guru and all the members of this forum.

I wont have to mention UKBA rule 287 (a) (i)(d).again

Croydon 24th 2012 ILR has been granted to my wife. I have ILR on long residency 10 years basis, wife was here with me as a tier 2 dependent from last 2+ years , changed her visa to spouse 2 weeks back (got 2 years spouse) and yesterday applied for ILR which has been granted, so any one who got long residency 10 years ILR and their dependent living with them from last 2 years dont need to wait for ILR for next 2 years. If they want after FLR(m) can apply direct for ILR.

Thanks for every one helping me on this board.Give your feedback its valuable.dont just disappear soon you get your answer and reappear when you have a question.

Thanks[/b]