SET (m) or FLR (m) ?

[rumiz]

Dear Sir

Please kindly advise on choosing the right route .



2004 I have arrived UK as student.
2009 I received tier 1 psw (post study work.)
2010 My wife has arrived UK as my dependent of tier 1 psw
2011- I received tier 1 general ( hsmp) and my wife as my dependent.
2013-my wife got non pbs work permit (Turkish ECAA 1) and I was on dependent Visa.
2014- my wife extended her leave (turkish ECAA 1) valid until 2017.
2014 - I have received my ILR (LR).

At present my wife still on Turkish ECAA 1 visa.

She was on my PBS dependent visa from 2010 to 2013 ( about 2 years and 6 months)

Can she apply for SET(M) ?

Regards
Mizanur

[physicskate]

Dear Sir

Please kindly advise on choosing the right route .



2004 I have arrived UK as student.
2009 I received tier 1 psw (post study work.)
2010 My wife has arrived UK as my dependent of tier 1 psw
2011- I received tier 1 general ( hsmp) and my wife as my dependent.
2013-my wife got non pbs work permit (Turkish ECAA 1) and I was on dependent Visa.
2014- my wife extended her leave (turkish ECAA 1) valid until 2017.
2014 - I have received my ILR (LR).

At present my wife still on Turkish ECAA 1 visa.

She was on my PBS dependent visa from 2010 to 2013 ( about 2 years and 6 months)

Can she apply for SET(M) ?

Regards
Mizanur

She cannot apply for Set(M). She would have to have been your dependent and as you applied for ILR under long residency rules, she would have to qualify for LR in her own right as dependents of LR cannot apply for ILR based on dependency at the same time as the applicant.

She would have to apply for FLR (M) for 5 years in order to apply for ILR as your dependent.

[Casa]

You should also be aware that when your wife is granted FLR(M) it will re-set her immigration clock to zero, putting her on a new 5 year (2.5 x 2.5) route to settlement unless she qualifies for 10 year long residence first.