Long Residence (10 years) - apply at the same time?

[Nicky09]

Hello everyone,

My wife and I have now been in the UK for 10 years (students+PSW+Tier 2/Tier2 dep), and we are now ready to apply for the Long Residence ILR. We think it would be better for us to file two separate SET(O) forms than for her to apply as my dependant later. That way, she will not need to take a language test (she has a PhD from a British university but that doesn't count as evidence so she would need a test as a dependant).

My question is: does it make sense to send both our applications at the same time? The problem is, she is still waiting for a new passport, but I would really like to apply ASAP in case the government comes up with more restrictions etc.

Any advice on that? Would it in any way harm our applications if I apply right now and she waits for her passport and then applies on her own? At least if I get mine she will still have the dependant option to fall back on.

[Lucapooka]

It's not clear from your statement if your wife is your dependant or if she has her own migrant status. If you have both been in the UK for ten years she can apply on a separate SET(O) and it does not matter when that happens.

Otherwise, as a PBS dependant, she can't apply with you under the long residence rules if she has not made 10 years. If that is the case she would have to apply for leave to remain using FLR(M) and then she may apply for settlement on SET(M).

[Nicky09]

Thank you! My wife is my dependant (Tier2) at the moment, but she has fulfilled all the criteria for 10 years long residence on her own accord - first in her own right and then as my dependent.
Is there any reason why she can't file a separate SET(0) form even if she is currently a dependant?

[Lucapooka]

If she has made 10 years she can apply under long residence using a separate SET(O). She does not need to do this at the same time as you. But don't leave it too long as when you get ILR her dependant status will theoretically become invalid as you will no longer be a PBS migrant on which she is depending.

[Nicky09]

Yes, thank you very much! She should get her passport soon so she'll apply straight away.