SET (M) application for SET (LR) dependent

[pareshsavani]

Hi,

I am applying for SET (LR) on 10 year basis. My wife has been living with me in UK for 9 years. And her current leave Tier 1 (General) dependent would expire on 03 MAR 2016.

My question is if she can apply for settlement using SET (M) as soon as I get my ILR. I checked the eligibility criteria on www.gov.uk, which suggests following things:

From gov.uk......

Eligibility
You need to have been living in the UK with a ‘partner of a settled person’ visa for:
2 years if you applied for your visa before 9 July 2012
5 years or 10 years if you applied for your visa on or after 9 July 2012
....

She has been my dependent since 2005 so I think for me 2 years rule will be applicable and she has been living with me for 9 years. Based on this information can you please suggest if she will be able to apply for settlement using SET (M)?

The other option I've got is that I wait till February 2016 and I apply for settlement based on TIER 1 (general) 5 years. However, if you think she can apply for SET (M) just after my SET (LR) 10 years then I would prefer that.

I hope I have explained my situation.

I am looking forward to receiving your kind reply soon.

Thanks

[vinny]

No.

[Obie]

You could apply on Long residence and your wife can switch to FLR(M) and qualify for Set(LR) next year aswell.

You wife will not be able to succeed using SET(M).

[pareshsavani]

Thanks for the kind information...

I have applied for set (lr)...

[pareshsavani]

You could apply on Long residence and your wife can switch to FLR(M) and qualify for Set(LR) next year aswell.

You wife will not be able to succeed using SET(M).

Thanks for your kind reply vinny and obie.

As per your suggestions I have now applied for set (lr). I have few more questions which I hope you won't mind answering.

Is it compulsory for my wife to apply for flr (m)? Her current visa expires in March 2016 whereas she will complete her 10 years in jan 2016.

Also, she had to stay in India for 190 days due to some complications around her pregnancy. What kind of documents do I need provide to cover this part while applying for her ilr (lr)?

Also, how to apply for my son's ilr? He was born in India and has been living in uk for 6 years. I hope he doesn't need to wait for another 4 years.

I appreciate your time and knowledge in guiding me for my visa application.

Best wishes.

[pareshsavani]

No.

Hi vinny,

I just received my ilr on 10 years route.

My wife will complete 10 years in December 2015. She has tier 1 dependent visa until March 2016.

Is it compulsory that she has to switch to flr (m) straight away? Can she wait till December 2015 and apply for set (lr) directly?

Also what would be ideal for my son who is 6 years old and born in India?

Thanks,
Re

[Amber]

Providing that you do not need to travel and your spouse's leave is not formally curtailed, there should be no need to switch.

How long has the child been in the UK? As a general rule, the child should have ILR when you come to register the child. This can be done at the same time as whether Mother settles.

[pareshsavani]

Providing that you do not need to travel and your spouse's leave is not formally curtailed, there should be no need to switch.

How long has the child been in the UK? As a general rule, the child should have ILR when you come to register the child. This can be done at the same time as whether Mother settles.

Hi Amber,

Thanks for your kind reply. Yes, my wife is not going to travel till December so I will apply for her SET (LR) in December.

My son came to UK just after his birth. He has been in UK for 6 years now.

I am not familiar with certain terms around immigration. Sorry but I did not understand this paraphrase "As a general rule, the child should have ILR when you come to register the child". Does it mean that my son can apply for ILR with my wife's application?

My son's current leave as Tier 1 dependent expires in Mar 2016. I don't think I will get my wife's ILR approved before this date because it has to be a postal application. Does it mean that I will have to apply for FLR (M) for him to cover the time?

I really appreciate your time and effort in answering my immigration related questions.

Best wishes...