Three part question regarding my wife's settlement. I'm applying this month for SET(O) (Tier 1 - General, 5-year economic.) I have read the guidance here: http://immigrationboards.com/viewtopic.php?t=114832
I have also read the original policy guidance that links to, 319E.
My read is that she can apply for Settlement with me. We had a solicitor claim that she cannot, but it was informal advice without him actually reviewing the case - it was over the phone having never met us.
First my questions, then my policy analysis.
My questions are:
- Can she apply for SET(O) or are we better doing FLR(M) (as the extension is expensive!)
- If we apply in person on SET(O) in a PEO, and they interpret policy differently, does she need to then submit a FLR(M) or can they downgrade her to a FLR(M) there?
- If she applies for FLR(M) in person on the same day as me, how does she indicate my application? What about if she does it by post?
My read is that, as per immigration policy part 8, 319E(d), she can apply for ILR. Specifically:
- She gained partner status before July 2012.
- She will have been on the partner visa for less than 2 years at time of application.
- She has been in the UK for 5 years.
- She has previously proven and can still prove that we have been in a marriage or relationship similiar to marriage for over two years.
My understanding of 319E is that, as long as she attained Partner of the Relevant PBS Migrant (me) prior to July 2012, she must have been in a relationship with me for two years but she does not have to have been on the Partner visa for the entire two years, as long as it is the most recent visa she has held.
As such, the 'period' referred to in 319E(d) only refers to the duration of relationship, not the duration the Partner status has been held.
