ILR dependent query

alok_singh · Post by **alok_singh** » Wed Jan 30, 2013 3:22 am

I have got my ILR this month .
for my spouse who is living with me for past 3.5 yr is on tier 1 dependent should we use FLR(M) or SET(M) ?

ilrdep · Post by **ilrdep** » Wed Jan 30, 2013 10:19 am

Why do you think she/he is not eligible for ILR (as you have asked FLR(M))? If you have got ILR based on 5 year route then she should use SET(0) not SET(M)

alok_singh · Post by **alok_singh** » Wed Jan 30, 2013 10:23 am

ilrdep wrote:Why do you think she/he is not eligible for ILR (as you have asked FLR(M))? If you have got ILR based on 5 year route then she should use SET(0) not SET(M)

SET(O) form is not for dependant as mentioned in the first page

Where on SET(M) it says

Spouse or civil partner of a person present and settled in the UK

So If have got my ILR dependant can apply on SET(M)

ilrdep · Post by **ilrdep** » Wed Jan 30, 2013 4:03 pm

Check my exprience:
http://www.immigrationboards.com/viewto ... sc&start=0

alok_singh · Post by **alok_singh** » Wed Jan 30, 2013 4:07 pm

ilrdep wrote:Check my exprience:
http://www.immigrationboards.com/viewto ... sc&start=0

Had you already applied in SET(O) and you application was successful

ilrdep · Post by **ilrdep** » Wed Jan 30, 2013 4:10 pm

Yes, please read through the tread , it will give info on how to fill the form as well

alok_singh · Post by **alok_singh** » Wed Jan 30, 2013 4:41 pm

ilrdep wrote:Yes, please read through the tread , it will give info on how to fill the form as well

from UKBA website and SET(M) guidance notes

To qualify for indefinite leave to remain in one
of the categories for which you must use form
SET(M), you must satisfy the requirements set out
in Part 8 of the Immigration Rules, which are on
our website.
One of the requirements is that you have to complete
2 years’ leave to enter or remain as the partner
of the person named in your application. That
period runs from
- the date on which you entered the UK with a
visa in the relevant category; or, if you did not
enter the UK with such a visa, from
- the date on which you were first granted leave
to remain in the UK in the relevant category
If you were granted leave to enter or remain as an
unmarried or same-sex partner and are now applying
for indefinite leave to remain as the spouse or
civil partner of the same person, the 2-year period
to be completed started when you either entered
the UK or were granted leave to remain as anunmarried or same-sex partner.
With certain exceptions, applicants aged 18-64
must show that they have sufficient knowledge of
the English language and life in the UK in order to
qualify for indefinite leave to remain. See pages 5
and 6 of these notes for more information about
this.
3 WHO MAY APPLY ON THIS FORM?
You and your children under 18 if they are applying
as your dependants.
Children aged 18 or over may not be included; they
must each apply individually and pay the specified
fee, as must any children under 18 if there is some
reason preventing them from applying with you

Post by **Greenie** » Wed Jan 30, 2013 5:53 pm

As you have already been advised, your wife cannot apply for ILR on form SET(M). to do so she would need to have limited leave as the spouse/partner of a settled/British person, she doesn't have this, presumably she has limited leave as a PBS dependent, as such she needs to apply for ILR on form SET(O). See para 319E of the immigration rules.

ilrdep · Post by **ilrdep** » Wed Jan 30, 2013 6:00 pm

Hi ,

For applying SET (M) you should have FLR(M) first.
here is link from ukba
http://www.ukba.homeoffice.gov.uk/visas ... ependants/

alok_singh · Post by **alok_singh** » Wed Jan 30, 2013 6:42 pm

ilrdep wrote:Hi ,

For applying SET (M) you should have FLR(M) first.
here is link from ukba
http://www.ukba.homeoffice.gov.uk/visas ... ependants/

Thanks for clarification it was confusing , thanks to you for explaning this. SET(O) is the form to be used. Does she need to apply with in 28 days when main applicant category is changed from Tier 1 to ILR .

how many years she should have lived in uk to be eligible to get ILR as she had first come on tier Dependant in July 2009 and was only away from Uk during Jan 2011 to April 2011

ilrdep · Post by **ilrdep** » Wed Jan 30, 2013 6:59 pm

There is no 28days rule as far as I am ware of if her depedent visa is valid and she should be in uk for 2years, can you please go through FAQs before posting the queries?

alok_singh · Post by **alok_singh** » Thu Jan 31, 2013 7:21 am

ilrdep wrote:There is no 28days rule as far as I am ware of if her depedent visa is valid and she should be in uk for 2years, can you please go through FAQs before posting the queries?

Hi,
when applying for child ILR can this be done same form with spouse. I know that can be registered as British but I want to get ILR . so on 1 Set O form both partner and child under 18 can apply for ILR

allgo · Post by **allgo** » Thu Jan 31, 2013 9:51 am

ilrdep - can you kindly help me with answers on the link
http://www.immigrationboards.com/viewtopic.php?t=124791

I have similar situation with my dependent and need answers on SET(O)

Thanks in advance

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ILR dependent query

ILR dependent query