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I got my ILR after being legally in UK for 10 years.
My wife will complete her 10 years legal residency in September 2011.

We got married in April 2006.
She became dependent on my 18 month work permit in september 2008.
Then when my work permit was to expire in march 2010, i extended my visa on student tier 4 and she was my dependent.

Now my question is that she has been more than 2 years in UK as my dependent, can she apply for ILR, given that I have got mine now and use the SET(m) form.

many thanks in advance for any advice you may have .

kind regards

dhirajtr wrote:Now my question is that she has been more than 2 years in UK as my dependent, can she apply for ILR, given that I have got mine now and use the SET(m) form.

No.


regards

OK
so what about the following terms on the UKBA website:

Can I apply using this form?
You should use application form SET(M) if you:
-currently have temporary permission to remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a person settled here;
-have lived here for 2 years in this category; and
-are still planning to live together (and are still married or in a civil partnership, if applicable).

many thanks
regards

Your wife doesn't meet the first condition, as her current immigration status is that of a dependant of a Tier 4 migrant, and not of a spouse of a settled person.

She must first apply for leave to remain as spouse of settled person (FLR(M)), stay in UK for further 2 years and then apply for settlement ... if she wishes to apply for settlement using SET(M).


regards