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Help! Set(0) or Set (M)?

Posted: Mon Sep 26, 2011 7:53 am
by ent7907
Hi everyone,

I am currently on a Tier 1 (PSW) visa which expires in November. I am getting married to a UK national in October and have also lived as a student in the UK since Sept 1997. I am unsure which application I should make but ideally I would like to get PR status due to long residency and also marriage. My only proble is that in 2005 I was denied entry (i forgot to get a visa from Malaysia) on the way back in. I was given 3 day temporary admission and returned to Malaysia and obtained the correct visa-it seems that this is always causing me problems when going through immigration! Also my Tier 1 visa was approved after a tribunal under article 8.

As you can see I am very confused as to what the best option for me would be-do I apply for Set (O) under long residence+ marriage or do I apply for SEt(M), or perhaps I should move from Tier 1 to another tier?
Please help!

Posted: Mon Sep 26, 2011 10:05 am
by geriatrix
1. Temporary admission shouldn't be a problem, assuming you exited UK before TA expired.
2.3.7 Treatment of Temporary Admission wrote:Temporary Admission (TA) only qualifies as lawful residence if leave to enter or remain is subsequently granted.
2. Because of section 3C protection, your were never illegal between the period that you received the initial refusal from UKBA (which you appealed within stipulated time) and UKBA subsequently granted you leave to remain (because your appeal was allowed).

Already eligible for settlement under long residence, IMHO.