FLR (M) to SET (M) - Self Employed

[Amber]

Today I got the response from the SCS which neither touching here or there....see below:

"I refer to your recent complaint regarding our Settlement Checking Service. I confirm that I have investigated your complaint fully and would advise you as follows.

When the booking was made, you/your wife confirmed that you/your wife had read and understood the most recent UK Border Agency SET (M) guidance. You will be aware that the guidance provides details of when to apply. At the time of booking our adviser should have queried with you/your wife the expiry date of the visa. The expiry date shown was May 2014 and in terms of the guidance applications should not be made more than 28 days before completing the two year qualifying period required by the Immigration Rules.

Please accept my apologies that this was not picked up when the appointment was made. I will speak to the adviser concerned to ensure this does not happen again.
.....
The role of the Settlement Checking Service includes checking the application form is valid and complete; checking the SET (M) form has been correctly completed; and to check the right type and number of supporting documents has been provided. Checking Service advisers cannot provide advice or make decisions on eligibility. Eligibility is considered by the Home Office and I would recommend that you seek guidance from an Immigration Adviser.

I note your request for the Checking Service to contact the UK Border Agency on your behalf. The Checking Service cannot act on your behalf and as previously indicated I suggest that you contact an Immigration Adviser for further advice. "

I don't know what to make of the above. Any comments?

I have checked and read the rules again. Is it just me or is it worded in language that cannot be easily understood .Could I ask some further questions:

1. Should the rule 287 (a)(i)(d) be read along with 287(a)(i)(c) there is an 'and' in the end of 287(a)(i)(c). If so what does that mean - as 287 (a)(i)(c) talks about another rule 282 (c).

2. The phrase in 287(a)(i)(d) " and then obtained an extension of stay under paragraphs 281 to 286 of these Rules " Is this talking about my wife's FLR (M) status ?

3. The phrase in 287(a)(i)(d) "and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here" - is this after the FLR (M) is granted ? I am just making sure...

Apologies if I seem to repeat the question. But I am trying to look if there is any explicit place where it says that the period in Tier 1 general dependant could be added with the time being in FLR (M).

Do I require to have a cover letter with my application referring to the above rule along with my application??

287(a)(i)(d) states:

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here; or

This means that if your spouse was a PBS dep then she can apply for flr(m) and once she has stayed in the UK as the spouse for 2 years she is eligible to apply for set(m). She was a spouse when she was your pbs dep so that time can be added to flr(m) and thus allow an immediate set(m) application where applicable.

However, if you got your ilr due to PBS then really there was no need for your spouse to extend on flr(m) she could have just done a pbs dep extension and then applied for settlement on set(o) when ready.

As for the SCS complaint, it appears they don't have a clue, I'd just give up on that as a lost cause, they don't know the rules that well. They only usually deal with straight forward set(m).

Yes you should include a cover letter.

[peteOpete]

Hello,

Great news - went to the Liverpool PEO - they granted the ILR. I had taken a copy of the Immigration Rules - just in case - and some print outs of the questions from FOI on this topic - where they have specifically answered the question. But I didn't need any of the print outs.

The person vetting the application form had a set of questions - including the one which asked if the application being submitted was within 28 days before the expiry of my wife's current leave - we said no and explained - that although it is expiring next year however we believe that we are eligible to apply based on the fact that she was initially a Tier 1 Dependant - he looked confused but then he consulted with another senior person in the office - she seemed ok with us to go ahead with the application. That was it - the case worker who was looking at the rest of the documentation and application didn't have any questions to us.

Let me just take this opportunity to thank this forum for the help extended especially to Amber - Thank you very much for all the replies and the guidance - I truly appreciate it.