Tier 1 Dependant / Spouse/Partner visa – Confused plz help

[ryan2020]

My wife applied for FLR (m) before 9th July 2012 as she haven’t completed her 2 years in UK. MY ILR was refused and won the appeal in February 2013 and I got my ILR in march 2013.She recently received her 2 year Spouse/partner visa valid till July 2015.

Her timelines are
Entry Clearance – May 2011 valid till July 2012
First Arrival in UK - October 2011
Application for FLR sent - July 2012
Application refused – November 2012
Appeal won – February 2013
Appeal implemented – July 2013

My Question is she eligible for ILR in September 2013 (28 days before her second anniversary in UK- October 2013)

My Solicitor is saying her status is changed from Tier 1 dependant to spouse/partner. She needs to apply ILR after 2 years. I don’t think so he is right.

Which form she needs to submit. Is it Set(O) or Set(M). On the letter received with the documents saying she need to apply ILR after 2 years using Set(M) form.

Can you guys please advise and send me relevant IDI’s links etc. I’m planning to go in person and so I have to take printout of IDI’s if they have any confusion.

Thanks,
Ryan

[ryan2020]

50 views and no reply .

Did i ask difficult question ??

No buddy is willing to help me ???

[Amber]

Sorry, wrong user.

[vinny]

SET(M).

[ryan2020]

SET(M).

thanks vinny.. i have seen people are also applying using SET(O) form.

in which condition you can use SET(O) form ?

[vinny]

When people haven't previously applied for a spouse visa or FLR(M).

[ryan2020]

When people haven't previously applied for a spouse visa or FLR(M).

thanks again...

so my wife was on tier 1 dependant visa now she is partner/spouse visa.
Is it the same thing ??
She can apply 28 days before completing 2 years in UK right ??

Please send me any UKBA website link so i can take printout if any ____ caseworker don't know about this.

thanks

[vinny]

Click on my previous link for more information.

[Amber]

In essence, immigration rule 287(a)(I)(d) allows you to combine the time as a PBS dep partner with that of flr(m) to equate the qualifying period, for those granted leave as a PBS dep spouse before July 2012, that would be part 8 and 2 years.

[sheford]

Hi There,

I am also in similar situation.

My wife applied with me for ILR and she got refused and later she applied as PBS dependent and got visa as PBS dependent of settled person.She retained the PBS dependent status.

Her timelines are:

Entry Clearance – October 2011 valid till June 2012
First Arrival in UK - October 2011
Application for ILR sent - June 2012
Application refused – Dec 2012
Fresh application as PBS Dependent –Jan 2013
Visa Approved – May 2013 -valid until 2016

My Question is she eligible for ILR in October 2013?
Which form she should be filling SET(O) or SET (M)?
Whether this rules applies to her,as her ILR was refused earlier?

- the applicant does not fall for refusal under the general grounds for refusal OR they do not fall for refusal under the general grounds for refusal, and are not an illegal entrant;



Can anyone please advise on this issue.

Thanks,
Shafi

[Amber]

She needed to complete 2 years under PBS dep hence why it was refused!

Did you qualify for ILR as a PBS applicant or long residence?

[sheford]

Thanks for the reply.
I was qualified through PBS Tier 1G.

She needed to complete 2 years under PBS dep hence why it was refused!

Did you qualify for ILR as a PBS applicant or long residence?

[Amber]

Set(o). The qualifying period should be 2 years but it depends when the recent application was put in. If the new application was put in more than 28 days after the expiry of leave you may end up on the new route to settlement of 5 years.

See http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[sheford]

Thank You!

Set(o). The qualifying period should be 2 years but it depends when the recent application was put in.

[sheford]

The new application was put in within the 28 days soon after the visa refusal letter was served
Leave to remain was expired in June 2012 and the decision came in Dec 2012 and Fresh application sent on Jan 2013.

will it come now in 5 year route?


As per the IMMIGRATION DIRECTORATE INSTRUCTIONS Chapter 8:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

(3.2.b) If an applicant does not qualify for ILR at the same date their partner gains ILR as a relevant PBS migrant – application for further leave to remain as a PBS dependant:
If an applicant was granted an initial period of leave to enter or remain as a PBS dependant before 9 July 2012 but has not lived with their PBS partner for the required 2 years in the United Kingdom at the date their partner is applying for indefinite leave to remain then, provided their partner gained indefinite leave to remain as a relevant points based system migrant, the applicant can apply for further leave to remain under paragraph 319C (b) (iii) (1).
Provided they meet the remaining requirements of paragraph 319C they should be granted a further period of leave 3 years under paragraph 319D (a) (ii).
Once they have completed the required 2 year period living in the United Kingdom with their settled partner, who gained indefinite leave to remain as a relevant points based system migrant, they can qualify for indefinite leave to remain under paragraph 319E (b) (i), (c) (i), (d) (i).

Set(o). The qualifying period should be 2 years but it depends when the recent application was put in. If the new application was put in more than 28 days after the expiry of leave you may end up on the new route to settlement of 5 years.

See http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary