Using SCS for SET(M) application

[sshanmug]

Hi,

I am about to apply ILR using SET(M) for my wife and son. I got my ILR last year (Sep 2012).

My case is as follows:

My wife:

Entered UK on 11-July-2011 on Tier 1 Dependant visa. (Entry Clearance issued in India). She switched to FLR(M) on 28-Sep-2012 (in UK) as her Tier 1 Dependent visa expired on 05-Oct-2012 and I (sponsor) got ILR on 27-Sep-2012.

My son:

My wife delivered a baby boy in India in Feb 2013 and we got Entry clearance for him in India under 'Child Dependent of Settled person' and he entered UK on 12-July-2013. My son's visa was issued issued inline to my wife's visa expiry date.

Can you please confirm if they are eligible for ILR under SET(M) ?

I approached few SCS and they are not accepting my case. They say my case is unique. I don't understand what is unique .. My wife spent more than 2 years as my dependent in UK

Can someone clarify more and tell me what is the best way to proceed?

Thanks and Regards,
Senthil

[dk2011]

Ideally, your wife would have extended her PBS dependent VISA and would have applied for ILR on completion of 2 years . It got complicated because she switched her VISA category . Please be patient to hear from some expert.

[sshanmug]

Well .. We went to PEO and they issued under FLR(M) ...

[Amber]

You should ask for them to reconsider as your spouse should have been eligible for SET(M) as per rule 287(a)(I)(d) providing she satisfied KoLL - LIUK and B1 English.

[sshanmug]

Thanks Amber ... I will try few other SCS

Here are the replies I got

Hi Senthil

Further leave to remain (FLR) is usually given as an extension in the same category, it is not given for a change of category.

If your wife has changed categories then I would think that she would need to meet the 2 year residency requirement in that new category.
We cannot comment on individual cases though, so I would suggest that you contact the Home Office directly to get some advice on your wife's personal circumstances.


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Dear Mr Senthil,


We are authorised to do SCS application checking for persons who were granted a spousal visa. Your circumstances are unique and we must refer you to the home office site via www.gov.uk in order to contact the Home Office so that they may advise you to apply using the correct forms and application process.

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[Amber]

Forget the SCS just go direct to PEO.

[sshanmug]

Thanks Amber.

I was hoping that SCS would help me. I was planning to go to PEO .. but I want to make sure that my wife and son are eligible before going there.

I simply don't want to turn up in PEO and they reject the application saying that they are not eligible. It will be a waste of £2600 ...

Cheers ...

[Amber]

If you spouse was a PBS dep before FLR(m) and has spent 2 years in the UK as a dep/spouse beginning before July 2012. Then she should be ok as per 287(a)(I)(d). I assume you were a long residence ILR applicant.

[sshanmug]

I got my ILR based on HSMP (2 yrs) + Tier 1 (3 years).

I also feel the same.

My son should get ILR with my wife right?

Thanks for all your replies.

Have a nice weekend.

Regards,
Senthil

[Amber]

Yes.