Spouse SET(M) application for Indefinite Leave to Remain

[suryavaddi]

Hi All,

Someone can help me on SET(M) application for Indefinite leave to remain as a dependant. I have received recently Indefinite Leave to Remain, UK based no long residence and I wish to make an application SET(M) - Indefinite Leave to Remain for my spouse as a dependant.

Could you please let us know whether she can eligible to apply SET(M) for Indefinite Leave to Remain as per below information and she has completed 2 years in this country. If she is eligible to apply now then I can get appointment with settlement checking service.

My details:
1.Indefinite Leave to Remain received: 05-02-14 (based on long residence)

Spouse Details:
1. Currently holding visa: Tier1 General - Dependant
2. Visa valid from: 25-10-2011
3. Entered in UK: 15-11-2011
4. Visa valid until: 08-09-2015

KOLL (Knowledge of Language and Life)
1. Life in the UK test was passed
2. Having a MSc Degree that was taught in English (Is it enough to show the English language requirement or Does she need to write exams like any one e.g, PET,KET,ESOL,....)

According to this application, they mentioned 6 cohabitation documents for last two years that we lived together in same address but she doesn't have all that two years. She had the following documents with that period.
1. Electricity bill (one and half year bills)
2. Bank statements (one year statements)
3. GP Registration (one and half year)
4. Tenancy agreements (Two years)

Does she need compulsory 6 statements + to cover 2 years period? If we don't have enough documents, what I shall do or Should I wait to cover two years period then apply or Is there any other sources?

Could you please help me on this application then I'll be much appreciated.

[lynxukauq]

Under the Immigration rules, she may initially make a FLR(M) application and immediately follow with SET(M)

SET(M) requires prior FLR(M) or settlement spouse visa status

See also Dependant of ILR (long residence) applicant on PBS leave.

[suryavaddi]

Thanks for your reply.
But someone has received ILR with SET(M) without applied FLR(M) application for his dependent under same rules of mine and he has mentioned in this forum as well. That's the reason I'm asking about this.

[lynxukauq]

Requirements of Paragraph 287(a)(i)(d) is not met.

See also FLR(M) or SET(M)

[Amber]

FLR(M)/spouse leave to enter is required for SET(M). The case, I only know of one, was an error by the caseworker, errors do happen. Quite frequently actually, but not usually favourable for the applicant.

[suryavaddi]

Requirements of Paragraph 287(a)(i)(d) is not met.

See also FLR(M) or SET(M)

Thank you very much for your reply and gathered information. It means she doesn't come under any other forms to apply ILR. She needs to be waited, Isn't it? Please advise.

And today www.ukba.homeoffice.gov.uk site is not working. When I type this then gov.uk site is opening. Is it site problem or server down I don't know why?

[suryavaddi]

FLR(M)/spouse leave to enter is required for SET(M). The case, I only know of one, was an error by the caseworker, errors do happen. Quite frequently actually, but not usually favourable for the applicant.

Thank You Amber.

While searching all other applications just found SET(O) form related to PBS Dependant. Is it right?

[lynxukauq]

Your souse will need to apply for FLR (M) first then make application for SET (M) for ILR.

[khaledadda]

hi , can anyone advise on my case please

can you tell me if there is complex on my ILR
there is my case, am gonna go to all small details so you can give advise

first i came to UK 2003 on visitor visa, overstayed my visa, solicitor got me and my wife permission to get married in the UK in 2010 from home office, at the time because i was over stayer home office kept my passport, me and my wife had daughter born one year before we got married, 2009, after i got married seen solicitor to help me sort my immigration status the best advise he gives me to go back to my home country and apply for entry clearance as spouse of British citizen, so i called home office and requested my passport to go back home, so they ask me to go to London bridge were i can obtain it took my finger print and gives me passport to bay fly ticket and asked me to return it and i will pick it up the day i fly from airport, that wasn't problem so i did, 20 November 2010 went back home with my wife and applied for spouse visa, after 3 months visa refused , appealed from inside UK then appeal was dismissed, asked for permission to re appeal permission was refused by first tier tribunal, so sent to upper tribunal were permission to re appeal was granted , then on the appeal , my appeal was granted under immigration rules and under human right, that's all my past immigration history,

my wife been working since 2010 then 07/2013 changed job wile she was 4 weeks pregnant she wasn't entitle for maternity pay from her work recording to there policy they give her forms to sent job center to claim Statuary Maternity allowance so she was entitle for it, now her Statuary maternity allowance stopped after i fink 50 weeks or something like that she is not working she recieve working and child tax credit my name on the form but she get pay not me and she claim child benefit, would all this be problem for my ILR?

now, spouse visa was granted 04/07/2012, expire 04/10/2014 total 27 months,

i believe that i be OK applying under the old rule except need the new KOLL,

could you advise me witch document from the list best to use , so far i have this document

1- Gaz & electric bills ( join names )

2-join bank statement ( join names )

3- council tax ( join names )

4- tenancy agreement (join names )

5- rent statement ( join names )

6- my daughter nursery invoices ( join names )

7- Tv licence ( wife name )

8- payslips ( me ) till present day as am working full time but 0 hour contract as security officer

9- payslip ( wife ) from 04/2012 to 03/2013

10- P60 2012/2013 9 me and wife )

11- NI letter (me)

12- P45 ( me and wife ) from previous work

13- statuary maternity allowance letter from job center ( wife )

14- letter from HM Revenue about Tax code ( me and wife 0 letter to each of us

15-water bill ( me ) just asked water supplier to add wife name on the bill

16-child benefit letter ( wife )

17- letter from HM to me and wife working and child tax credit

18- mobile phone statement, ( me )

19- letter from SIA authority returning my document wen i applied for SIA licence ( me )

20- just moved to new home letter from my new electric supplier EDF ( me and wife names )

21- letter from my work ( me )

22- my work contract 0 hours contract

23- Life in the UK pass certificate

24- English certificate B1 LEVEL

sorry its too much to read but could you find any Complex possibly my previous immigration history or my wife claims!!

please advise, many thanks,

Khaled,