10 years rule - dependant visa (Modrators please help)

[Moon747]

Hi

I am currently on a 5years business and commercial work permit (under the old scheme). My ten years legal stay in the UK is also completed if due to some reason I apply ILR on the basis of 10 years stay can I apply ILR for my wife and son (born abroad) at the same time. If so which application form for dependants will be used either SET(O) or SET(M)?

My wife is on my dependant visa for last nearly seven years.

Second question >>>> If I use either of the above forms for my wife and son, does it matter if at any time during last 7 years they were abroad for more than the time limits for 10 year rule like 180 days at one time etc. ?

Your advise will be much appreciated.

[2012]

Hi

I am currently on a 5years business and commercial work permit (under the old scheme). My ten years legal stay in the UK is also completed if due to some reason I apply ILR on the basis of 10 years stay can I apply ILR for my wife and son (born abroad) at the same time. If so which application form for dependants will be used either SET(O) or SET(M)?

My wife is on my dependant visa for last nearly seven years.

Second question >>>> If I use either of the above forms for my wife and son, does it matter if at any time during last 7 years they were abroad for more than the time limits for 10 year rule like 180 days at one time etc. ?

Your advise will be much appreciated.

1. Under the 10 years rule you can not include your dependents on the application however, if they complete the 10 years on their own then they can apply under the rule.
2. Dependents shud use form FLR (M) and not SET(O).
3. Under the 10 years rule, the total time spent outside UK shud not exceed 18 months plus not more than 6 months in a single visit (anyone applying under the 10 years).

[Lucapooka]

If so which application form for dependants will be used either SET(O) or SET(M)?

Neither, it will be FLR(M) as dependants can't be included in long residence ILR applications. They will then need to make a further two years in that category before becoming eligible for ILR.

[vinny]

If your wife and child applies at the same time as you, then they should use FLR(M). Else, after you're granted ILR, then perhaps SET(O).

[Moon747]

Thank you for your reply. I would like to briefly mention that my work permit and the dependants visa are expiring on 14 January 2012.

(1). I am advised to use SET(O) "long residency 10 years" for myself and SET(M) for my dependants for their ILR directly due to expiry of visas on 14 january 2012.

(2). Is it possible for me to apply a separate ILR application for my dependants while applying ILR on "long residency 10 years" basis due to my WP NOT Tier2?

Would you please guide me in this regard.

[Greenie]

SET (M) is not appropriate as your dependents do not have limited leave under the relevant paragraphs of the rules in order to apply for settlement on that form

Why are you applying for ilr under long residence rather than on the basis of your work permit if you will have completed the 5 years at the same time?

[vinny]

Unfortunately, dependants of a Long residence applicant cannot directly apply for SET(M).
Making an valid FLR(M) application at the same time as your valid SET(O) before leave expires application is probably safer as there will be a right of appeal against a refusal.

However, it's even better if you can apply for ILR on the basis of your WP rather than long residence. Then dependants may be included.