ILR for spouse
Posted: Tue Nov 23, 2010 3:58 pm
Dear Moderator and Members,
Having read on few posts regarding your knowledge on the various immigration categories, I feel you will be in a position to comment on my case.
I entered UK on 24rd September 2003 on Student visa (18 September 2003 - 31 October 2004) for whhich I applied for extension in Oct 2004 and Limited Leave to Remain (25 November 2004 - 30 January 2005).
I was first granted work permit in November 2004, and applied for Limited Leave to Remain in early December 2004 which was issued in May 2005 as of heavy back log then.
My immigration history is as follows:
Work Permit based Limited Leave to Remain (11 May 2005 - 11 April 2007)
Work Permit based Limited Leave to Remain (30 October 2006 - 28 February 2008)
HSMP based Limited Leave to Remain (14 August 2007 - 14 August 2009)
Tier 1 (General) based Limited Leave to Remain (10 August 2009 - 14 August 2012)
Indefinate Leave to Remain issued on 26 May 2010.
My wife first entered in the UK on a student visa in the month of September 2007 and has successfully completed a Masters from a University here. We got married on 30th November, 2008 in our home country. Following our wedding my wife obtained an HSMP dependent visa on 22nd December, 2008, which was valid until 14th August, 2009. She entered UK as HSMP dependent on 9th January 2009. She currently holds Tier 1 (Dependent) Partner visa which was issued on 10th August 2009 (with my extension), which is valid until 14th August 2012.
Whilst I was applying for my ILR, I did call UKBA and asked about her eligibility for the ILR, to which I was said that she needs to spend 2 years in the UK for being eligible for ILR; and earliest date she could apply for ILR is 13 Dec 2010.
Following my ILR; I did call UKBA again regarding my wife's case and they responded by saying that as her current visa (leave to remain) is valid she does not need to apply for FLR(M) as far as she does not have any plans for travelling abroad. And she can then apply for ILR 28 days before completing 2 years in UK using form SET(O).
I am not sure which category/form should we use for her ILR; is it form SET(0) as suggested by UKBA officer on phone, or SET(M) since I currently have ILR status?
Your response will help us in taking appropriate appointment at PEO for ILR.
Many thanks,
SGB.
Having read on few posts regarding your knowledge on the various immigration categories, I feel you will be in a position to comment on my case.
I entered UK on 24rd September 2003 on Student visa (18 September 2003 - 31 October 2004) for whhich I applied for extension in Oct 2004 and Limited Leave to Remain (25 November 2004 - 30 January 2005).
I was first granted work permit in November 2004, and applied for Limited Leave to Remain in early December 2004 which was issued in May 2005 as of heavy back log then.
My immigration history is as follows:
Work Permit based Limited Leave to Remain (11 May 2005 - 11 April 2007)
Work Permit based Limited Leave to Remain (30 October 2006 - 28 February 2008)
HSMP based Limited Leave to Remain (14 August 2007 - 14 August 2009)
Tier 1 (General) based Limited Leave to Remain (10 August 2009 - 14 August 2012)
Indefinate Leave to Remain issued on 26 May 2010.
My wife first entered in the UK on a student visa in the month of September 2007 and has successfully completed a Masters from a University here. We got married on 30th November, 2008 in our home country. Following our wedding my wife obtained an HSMP dependent visa on 22nd December, 2008, which was valid until 14th August, 2009. She entered UK as HSMP dependent on 9th January 2009. She currently holds Tier 1 (Dependent) Partner visa which was issued on 10th August 2009 (with my extension), which is valid until 14th August 2012.
Whilst I was applying for my ILR, I did call UKBA and asked about her eligibility for the ILR, to which I was said that she needs to spend 2 years in the UK for being eligible for ILR; and earliest date she could apply for ILR is 13 Dec 2010.
Following my ILR; I did call UKBA again regarding my wife's case and they responded by saying that as her current visa (leave to remain) is valid she does not need to apply for FLR(M) as far as she does not have any plans for travelling abroad. And she can then apply for ILR 28 days before completing 2 years in UK using form SET(O).
I am not sure which category/form should we use for her ILR; is it form SET(0) as suggested by UKBA officer on phone, or SET(M) since I currently have ILR status?
Your response will help us in taking appropriate appointment at PEO for ILR.
Many thanks,
SGB.