Stayed as work permit dependant+Tier2 dependant

mat_oxy · Post by **mat_oxy** » Tue Sep 20, 2011 12:24 pm

Hi,This is nice place to get upto date with immigration rules.
My Status-
I have been on work permit for 4 years and later switched to tier 2 general because there was no work permit scheme anymore.My wife joined me when i was on work permit as a work permit dependant and then she switched to tier 2 dependant when i switched to tier 2 general and she has stayed less than 2 years in UK.I am eligible for ILR in October 2011.
My query:
Can i include her with my Set(o) application?Or does the 2 year rule apply for my wife eventhough she entered as work permit dependant.

Please advise

Post by **geriatrix** » Tue Sep 20, 2011 12:29 pm

mat_oxy wrote:Can i include her with my Set(o) application?

No.

mat_oxy wrote:Or does the 2 year rule apply for my wife eventhough she entered as work permit dependant.

Yes.

mat_oxy · Post by **mat_oxy** » Tue Sep 20, 2011 2:15 pm

Thanks for the quick reply.
Can you please tell me-when i switch to ILR from tier 2 general,how long do i got to apply for my wife's visa?If i am not wrong i have to apply using FLR m

what happens to the validitiy of my wife's tier 2 dependant visa when i switch to ILR?Is it still valid untill untill valid date on the visa?

osteophytes · Post by **osteophytes** » Fri Sep 23, 2011 4:54 pm

mat_oxy wrote:Thanks for the quick reply.
Can you please tell me-when i switch to ILR from tier 2 general,how long do i got to apply for my wife's visa?If i am not wrong i have to apply using FLR m

what happens to the validitiy of my wife's tier 2 dependant visa when i switch to ILR?Is it still valid untill untill valid date on the visa?

She should switch to FLR(M) after you get your ILR. You can include FLR(M) application form for her with your SET(O).

She can apply for ILR using SET(m) when she completes 2 yr period as your spouse (this can include time spent as tier 2 dependent)

Post by **Lucapooka** » Fri Sep 23, 2011 5:13 pm

osteophytes wrote:She can apply for ILR using SET(m) when she completes 2 yr period as your spouse (this can include time spent as tier 2 dependent)

No, this makes reference to the required marriage period but not to required residence period. To clarify, she can apply for ILR when she has made two years in the UK and two years as your spouse (but including any time spent as a PBS dependant). Both conditions are necessary.

osteophytes · Post by **osteophytes** » Sat Sep 24, 2011 6:38 am

Lucapooka wrote:
osteophytes wrote:She can apply for ILR using SET(m) when she completes 2 yr period as your spouse (this can include time spent as tier 2 dependent)
No, this makes reference to the required marriage period but not to required residence period. To clarify, she can apply for ILR when she has made two years in the UK and two years as your spouse (but including any time spent as a PBS dependant). Both conditions are necessary.

Obviously!

Post by **Lucapooka** » Sat Sep 24, 2011 8:45 am

osteophytes wrote:Obviously!

Well I'm glad you think so but not everyone. Consider the wording of your statement with respect to someone who marries a PBS migrant outside the UK and then applies for EC as a dependant.

osteophytes wrote:She can apply for ILR using SET(m) when she completes 2 yr period as your spouse (this can include time spent as tier 2 dependent)

They may enter the UK several months after the marriage. Reading your comment they might assume they could apply for ILR on their second wedding anniversary.

mat_oxy · Post by **mat_oxy** » Sun Sep 25, 2011 1:57 pm

thanks for the information.Its very helpful.
I have a query on including FLR m application of my wife along with my set o application,can u please comment-What type of appointment should i take while i am making the same day application?Do i need to take an appointment for set o with one dependant and submit both applications?its bit consfusing.

Post by **geriatrix** » Sun Sep 25, 2011 2:10 pm

SET(O) - single appointment - in your name.
FRL(M) - single appointment - in your spouse's name.

SET(O) appointment first, then FLR(M) appointment.

mat_oxy · Post by **mat_oxy** » Thu Nov 10, 2011 5:58 pm

Thanks for the advice:
I got my ILR and later applied for spouse visa for my wife using FLR(m)-I asked the case worker when can my wife apply for ILR?
She replied -She can only apply after 2 years on spouse visa and she cannot include her previous stay as tier 2 dependant as part of the 2 years.

Please comment

Post by **geriatrix** » Thu Nov 10, 2011 7:49 pm

Reading this topic should help.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Stayed as work permit dependant+Tier2 dependant

Stayed as work permit dependant+Tier2 dependant

Re: Stayed as work permit dependant+Tier2 dependant