Immigrationboards.com

I searched the site but cannot find the answer. My wife and kids are "dependants" visa of mine for more than 5 years, and I am going to get ILR soon (long residence route without dependants), say in April 2011 I got ILR issued.

My question is: can my dependants apply for ILR with SET(M) immediately after I got ILR? or need to use FLR(M) to change from "dependants" of Tier 1, to "dependants" of settled person for another 2 years, and then SET(M)?

Thanks for any experiences.

(Note: I edited the wording "become" to avoid possible misunderstanding.)

Use FLR(M) to change from "dependants" of Tier 1, to "dependants" of settled person for another 2 years, and then SET(M).

Your spouse cannot apply for settlement using SET(M) as immigration rule 287(a) is not satisfied. Also, as per immigration rule 319E, there appears to be no provision for PBS dependant(s) to apply for settlement separately. So if your spouse is not eligible for settlement at the same time as you, she will need to extend her leave using FLR(M) after you are granted settled status.


regards

Hi sushdmehta,

It seems I am also in the same boat.

Here is my situation

I will be completing 5 yrs by July 2011 on WP+Tier 1 basis.

My wife joined me in UK as Tier 1 dependent and she will be finishing 1 yr of stay by the time when I get eligibility for ILR.

Reading the post, This is what I understood,
*first I need to get ILR and then my wife has to apply for FLR(M).
*Later, when my wife completes 2yrs of stay in UK, she will get eligibility for ILR.
correct?

I have a question The total stay of (Tier 1yr stay + FLR (M) 1 yr stay) will it be considered as 2 years of stay? or it has to be FLR(M) 2years??


Thanks

Hi sushdmehta, thanks for the info. I find that for using the FLR(M), its guide says :

If you are applying for an extension of stay (rather
than indefinite leave to remain) even though you
have completed or are about to complete 2 years
permitted stay as the partner of the same person,
give the reason in section 4 of the application form
and explain in more detail in a letter if necessary.

As they have been my "dependant" for more than 5 years before I change to "settled", but still the "same person", do I need to "give the reason in section 4"?



For imbuser007: if you apply for ILR with 5 years working, you can take your wife as dependant to get ILR together. Good luck!

lionfly wrote: For imbuser007: if you apply for ILR with 5 years working, you can take your wife as dependant to get ILR together. Good luck!

dont misguide people. depends on non work permit categories need to meet 2 years requirement.

Hi xyz123,

imbuser007 said:

on WP+Tier 1 basis.

, and I cannot see anywhere require the "dependants" of people applying for ILR with "5 years working" to finish "2 years", when they are applying together on the same SET(O) form.

xyz123 wrote:

lionfly wrote: For imbuser007: if you apply for ILR with 5 years working, you can take your wife as dependant to get ILR together. Good luck!

dont misguide people. depends on non work permit categories need to meet 2 years requirement.