Flr(m) or Set(m) - please help very confusing

[Bobby123456]

Hi I applied for Ilr under 10 year long residency in Feb (last month) I have today received letter to enrol biometrics which I will do tomorrow, however the question is I am less likely to receive my final result before my current leave expires on in May 2013. My wife's and daughters tier 2 dependent leave expires in May too, now I understand I can apply for my dependants using covering letter mentioning reference no of my case.However the major question is which form to use flrm or setm., wife was granted tier 2 dependent 3 years back in 2010 and 14 months daughter was granted tier 2 dependent in may 2012, wife has already completed 3 years on dependent visa however daughter visa will be just under a year, senior members please help.

[vinny]

FLR(M).

[Bobby123456]

Thanks Vijay although my wife has had dependent visa for 3 years sice 2010, do I need still need to use FLRM if so when do I apply for their ILR after getting extension on FLRM and on which form SETM or SETO, I don't need to wait for 2 years, do I?

[vinny]

Click on above link for more info.

[Bobby123456]

Hi Vijay, many thanks again, I am still not getting it do I do flr(m) first and then set(m)? Although my wife has completed 3 years on PBS dependent visa? I.e. do I need to pay twice first on flrm and then setm? Lastly will they return life in uk test certificate to rematch the same with setm?

Any body else in similar situation?

[Damanisshallo]

Yes, your dependants need to apply on FLR(M) as you've not yet received your ILR. However, your they can apply for SET(M) as soon as their FLR(M) is granted.

They could've applied for SET(M) if she had enough leave until your 10 Yr LR decision was made. Follow this discussion for similar cases.

Regarding LITUK, yes they'd return it to you.

[Bobby123456]

Dear Damanisshallo,

Many thanks this clarifies now, lastly when do I apply for my dependants I applied for my ILR mid feb, had biometrics done within 20 days and all of ours tier 2 visa expires April end, am I likely to get result by mid April I.e. can I wait until then and apply for my dependants on SET(M)then, or will it be day dreaming to hope for result by mid April, if not I will need to apply for dependants by post with FLR(M) with covering letter, where can I get format for this letter. many thanks in advance

[Damanisshallo]

Dear Damanisshallo,

Many thanks this clarifies now, lastly when do I apply for my dependants I applied for my ILR mid feb, had biometrics done within 20 days and all of ours tier 2 visa expires April end, am I likely to get result by mid April I.e. can I wait until then and apply for my dependants on SET(M)then, or will it be day dreaming to hope for result by mid April, if not I will need to apply for dependants by post with FLR(M) with covering letter, where can I get format for this letter. many thanks in advance

possibly using this will serve your purpose. Regarding your day dream, you can analyse yourself by clicking the 10 Yr LR link on my signature.

[vinny]

Yes, your dependants need to apply on FLR(M) as you've not yet received your ILR. However, your they can apply for SET(M) as soon as their FLR(M) is granted.

They could've applied for SET(M) if she had enough leave until your 10 Yr LR decision was made. Follow this discussion for similar cases.

Regarding LITUK, yes they'd return it to you.

I think that your friend may have been misinformed, or was lucky if succeeded. The requirements of 287(a)(i) or 295G(a)(i) are not met. However, In some cases (e.g. work permit dependants), after grant of ILR, SET(O) may be possible for dependants (196E).

[Damanisshallo]

I think that your friend may have been misinformed, or was lucky if succeeded. The requirements of 287(a)(i) or 295G(a)(i) are not met. However, In some cases (e.g. work permit dependants), after grant of ILR, SET(O) may be possible for dependants (196E).

I agree with you and this is the only reason, why i've suggested members to try this at PEO and not via post. Because as you said if they are lucky or been looked after by a novice case worker then they can getaway without FLR(M). However, in the worst case they'd end up paying for both whereas there is a risk of rejection in Postal service. Having said this, my analysis are truly upon the following cases. I remember last year in december Mr Hello32 went to the PEO to get his wife's FLR (M) to which the case worker suggested to apply for SET(M) once she crosses her qualifiying period as she had enough leave to qualify for ILR. Because that was the first time ever such thing happened even some gurus on this forum thought the case worker was wrong.

Recently, we had a similar case of Mr Punjabis who managed to get his wife's ILR without switching to FLR (M) and now I had an almost first hand news from my best friend that, one can go for ILR without FLR (M) provided, they have enough leave and had completed their 2yrs qualifying period.

[Bobby123456]

Thanks again guys, in my case I won't be getting result in 2 months will I ? so I take there is no option other than applying by post on FLR(M) with covering letter before dependents visa expire back end of April, and then apply on SET(m), the issue is its too much to pay twice for no reason?? Can I not apply on SET(m) with covering letter by post as dependant has already completed qualifying period of 2 years.

[Damanisshallo]

Can I not apply on SET(m) with covering letter by post as dependant has already completed qualifying period of 2 years.

Unfortunately, there is no definite answer for this. Actually this should be the case by a common man's sense, but this is not the case where the main applicant gets his ILR based on 10 YR LR and the weird thing is there is no where mentioned about this confusion in the immigration rules apart from some FOI Acts which again aren't reliable. They are not reliable because quite a few times a similar question has got two completely contradictory responses.

I am still struggling to find somewhere in the immigration rules where it clearly says that a dependant of 10 YR LR Route has to switch to FLR(M) before applying for SET(M). I hope the UKBA will clear this confusion in the days to come.

[vinny]

I am still struggling to find somewhere in the immigration rules where it clearly says that a dependant of 10 YR LR Route has to switch to FLR(M) before applying for SET(M). I hope the UKBA will clear this confusion in the days to come.

289 and 295I.

[vinny]

See also FLR or ILR for my Dependant and FLR(M) or SET(M).

[Damanisshallo]

See also FLR or ILR for my Dependant and FLR(M) or SET(M).

I agree with the above but not really convinced and I wasn't adamant with this ever.

The reason why am not convinced is, the above links are mere discussions and experiences of fellow members and nothing from the rule book.

They said my wife could only apply direct with SETM if i had ILR as Tier 1 migrant and not 10 year rule

Second, the rules 289 and 295I you mentioned earlier, why do you think they should apply for 10 Yr LR and why not for other categories.

Third, If the above is to be believed then what would one answer to the below question from FLR(M) App?

2.2 Is this the first time you have applied for a visa or extension of stay in one of the above categories (including previous leave granted as a fiancé(e) or proposed civil partner) with your current sponsor?

As technically almost all every one would be applying for the first time under the category of (Spouse of a settled person) which should put most of them under new rules irrespective of the previous time spent as spouse of WP/HSMP/Student?

I think I am bit confused with the above...

[Bobby123456]

Hi Guys, looks like it is is FLR(M) for me then, however what about 6 documents in section 12c, do I nee to provide them, we are married from 2009 and all previous visas were spouse dependent.

Also will I need to provide marriage certificate in section 12 b, this will not be my wife's first extension, however 1st time as dependent of person settled in UK, section 2.2.

Please advise

[faz28]

Hi Guys, looks like it is is FLR(M) for me then, however what about 6 documents in section 12c, do I nee to provide them, we are married from 2009 and all previous visas were spouse dependent.

Also will I need to provide marriage certificate in section 12 b, this will not be my wife's first extension, however 1st time as dependent of person settled in UK, section 2.2.

Please advise

6 documents requested is for unmarried partner so it is not relevant to you.

Last week I changed my tier 4 dependent to flr(m), even though I had the marriage certificate with me, I forgot to give it to the CW(peo). She never requested it, I was granted with spouse visa.

Hope ur questions are answered. Best of luck.

[Damanisshallo]

However, In some cases (e.g. work permit dependants), after grant of ILR, SET(O) may be possible for dependants (196E).

Hello Again, I'd love to hear some comments on this and I hope this is just a healthy discussion & not any kind of vendetta!!!

[vinny]

Thanks for sharing! It's a pity they did not state the Immigration rules that they had used. Wonder if it was 319E? Was ILR granted contrary to 3.4?

[Damanisshallo]

Was ILR granted contrary to 3.4?

So true, I think I was right in saying the below. Because, at times you guide someone on immigration rules and the next day you look like a fool when they get a completely contradictory information/decision from the UKBA staff.

UKBA is very confusing...I think I can rather explain what an offside in football is to my wife than understanding UKBA

[vinny]

See also here and here and here.

[Bobby123456]

Hello guys, again thanks for all your help so far, I am due to apply for my dependent visas this week flr(m) with covering letter as I have still not received decision on my application, apart from change in fees do I need to worry about anything else on Flr(m) and lastly is my wifes life in uk test certificate which she passed in December is still valid?thanks

[Damanisshallo]

Hello guys, again thanks for all your help so far, I am due to apply for my dependent visas this week flr(m) with covering letter as I have still not received decision on my application, apart from change in fees do I need to worry about anything else on Flr(m) and lastly is my wifes life in uk test certificate which she passed in December is still valid?thanks

Not for FLR(M), but may be for SET(M) if your partner's previous leave was under a category which doesn't lead to settlement (a la Student Dependent/PSW Dependent). With regards to the LITUK, it is valid for life time.

[Bobby123456]

Hi, may be a stupid question, can one take up new job when their FLRM application is in process and current PBS visa has expired, can they take up new job and what can they tell/show new employer.

FLRM applied on basis of spouse of a person whose settlement application is also under process based on 10 year long residency.It is frustrating as processing times are months and personal conditions change.

Please help folks.
Thanks

[Amber]

Hi, may be a stupid question, can one take up new job when their FLRM application is in process and current PBS visa has expired, can they take up new job and what can they tell/show new employer.

FLRM applied on basis of spouse of a person whose settlement application is also under process based on 10 year long residency.It is frustrating as processing times are months and personal conditions change.

Please help folks.
Thanks

Providing your application was submitted in time you should have a letter that states your conditions of stay will remain the same (extension period) until a decision has been made. I assume you were not on a PBS dep visa.