ILR for Tier 1 Dependent - Conflicting forms

[KnSh]

Hi All,

Appreciate the wealth of information contained within this forum. Hopefully the query I raise along with information should be straight forward for senior member to reply with confirmation.

I hold ILR stamped May 2012 while my dependent entered the country in March 2011 with Tier 1 (General) dependent visa. As the dependent had not completed 2 year, she could not apply for ILR with me.

Now, she's going to complete her 2 years stay in the country soon. Her existing Tier 1 dependent visa expires in July 2013 (we had applied for extension to her visa along with mine in July 2011 after she came into UK). The question I have are...

1. Which form she needs to apply to for ILR - Some posts here suggest SET(M) (might be wrong interpretention) while an initial check with UKBA mentions SET(O).
2. SET(M) suggests the dependent can apply within the window of 28 days before the 2 years. Is this true? in case if it is SET(O) can she apply within the same window or she has to apply after 2 years only as suggested by UKBA.
3. Will the main applicant be the dependent details in the respective form?


Thanks in Advance

[crusador0408]

here you go bro (I am not senior member here though)

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

[Spidery_thread]

Hi All,

Appreciate the wealth of information contained within this forum. Hopefully the query I raise along with information should be straight forward for senior member to reply with confirmation.

I hold ILR stamped May 2012 while my dependent entered the country in March 2011 with Tier 1 (General) dependent visa. As the dependent had not completed 2 year, she could not apply for ILR with me.

Now, she's going to complete her 2 years stay in the country soon. Her existing Tier 1 dependent visa expires in July 2013 (we had applied for extension to her visa along with mine in July 2011 after she came into UK). The question I have are...

1. Which form she needs to apply to for ILR - Some posts here suggest SET(M) (might be wrong interpretention) while an initial check with UKBA mentions SET(O).
2. SET(M) suggests the dependent can apply within the window of 28 days before the 2 years. Is this true? in case if it is SET(O) can she apply within the same window or she has to apply after 2 years only as suggested by UKBA.
3. Will the main applicant be the dependent details in the respective form?


Thanks in Advance

@KnSh,

She will have to apply as Spouse of a person Settled in the UK, on form FLR(M) once she has been issued with Spouse visa she then can apply for ILR on Form SET(M) the very next day(as she will complete residency period of 2 years for spouse as PBS dependant in March 2013).

Follow the Guidance on FLR(M) & SET(M).

[KnSh]

@crusador0408,
Thanks for sharing the link, had even looked into http://www.ukba.homeoffice.gov.uk/visas ... ettlement/ link as well as i felt this is more relevant for this case. That particular link suggests that dependant can directly apply for SET(M) after completing 2 years in Tier1 dependent.

@Spidery_thread,
http://www.immigrationboards.com/viewtopic.php?t=79378 suggests - as the dependent entered UK before 9th July 2012 - she can directly apply for SET(M) as she's completing the qualifying period of 2 year under existing visa only.

Regards

[Spidery_thread]

@crusador0408,
Thanks for sharing the link, had even looked into http://www.ukba.homeoffice.gov.uk/visas ... ettlement/ link as well as i felt this is more relevant for this case. That particular link suggests that dependant can directly apply for SET(M) after completing 2 years in Tier1 dependent.

@Spidery_thread,
http://www.immigrationboards.com/viewtopic.php?t=79378 suggests - as the dependent entered UK before 9th July 2012 - she can directly apply for SET(M) as she's completing the qualifying period of 2 year under existing visa only.

Regards

@KnSH,

The link you refered above is information about principal applicants, applyig for ILR under PBS, WP or HSMP.

Please quote UKBA Immigration Rule, if you know one that allows PBS dependant to apply straight for ILR without switching into Spouse category...!!!

For your reference:

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

Applying for settlement
"You can apply for settlement as a husband, wife or civil partner if:
you have completed a period of 2 years in the UK, with a visa or permission to remain here in this category;".

"this Category", means Spouse Visa.

Further:
http://www.ukba.homeoffice.gov.uk/visa ... s/#header1

Partners
Your partner can apply for settlement at the same time as you apply for settlement, if:

you and they have been living together in the UK for at least 2 years in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, and that relationship is still genuine (not a 'marriage of convenience', for example);
they have previously been given permission to enter or stay in the UK as your husband, wife, civil partner, unmarried partner or same-sex partner;
you and they intend to live permanently with the other as husband and wife, civil partners, unmarried partners or same-sex partners;
they do not fall for refusal under the general grounds for refusal, and are not an illegal entrant;
they do not have any unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974; and
they have sufficient knowledge of the English language and life in the UK, unless they are aged 65 or over when they apply. For more information, see the Knowledge of language and life in the UK section.

[ilrdep]

Please refer the following which will help you if you have got ILR based on 5 year route
http://www.immigrationboards.com/viewto ... highlight=