ILR application for dependent-SET O form or SET M

[jackal6735]

dear friends, kindly help me with this.
I came to the country on work permit in september 2006 and changed to tier 1 visa in march 2009 and am applying for ILR next week.

My wife was on her own tier 1 visa but due to unfortunate circumstances she couldnt apply for an extension and changed to my dependent visa last month.She was living with me for last 5 years and have all documents to prove.

But when i apply for my ILR will i be able to include her as well in my applicaiton on the SET O form or will i have to make a separate applicaiton for her on the SET M form?

if i do have to apply separately for her on the SET M form-when i get my ILR next week will her current dependent visa on my tier 1 get nullified? will she be able to make an in country uk applicaiton itself or will she have to leave the country and reapply?

Kindly help as i tried to find an answer without success
thanks

[geriatrix]

1. Include her as a dependant in the SET(O) form.
2. Provide evidences of cohabitation for at least 2 years preceding the settlement application.

[jackal6735]

thanks for your kind reply.
this confusion came as per an advice from a solicitor who said due to new rule changes last month my wife would have to apply on the set m form.but i could not find any such information online.

[geriatrix]

If this solicitor is telling you that a person with current leave as "Tier 1 (General) dependant" can apply for settlement using SET(M), the only suggestion that I can give you is - drop that solicitor and find one who knows immigration rules.

[jackal6735]

thanks for your reply.
sorry i made a mistake he said it was FLR M form and i confirmed it again with him now and he says he is confident about it.

[Greenie]

thanks for your reply.
sorry i made a mistake he said it was FLR M form and i confirmed it again with him now and he says he is confident about it.

Refer your solicitor to paragraph 319E of the Immigration Rules and ask him to explain why he believes your wife cannot apply for ILR at the same time as you.

[jackal6735]

thanks for your kind reply.

i had emailed home office as well and luckily they replied back just now.
they have adviced me that my wife cannot be included on my ilr application form and to use the FLR M form after i get my ILR.
i think it comes from a rule that she needs to be in this country as my dependent for 2 years before she qualifies for ILR.but since she on her own tier 1 visa until last month and only switched to be my dependent last month she will have to apply on FLR M form

[geriatrix]

Your wife is eligible to apply for settlement at the same time as you.

Suggest that you consult a "competent" solicitor if you do not wish to believe what has been suggested above.

[jackal6735]

thanks for your kind advice i will definately speak to another solicitor.thanks again

[Greenie]

thanks for your kind reply.

i had emailed home office as well and luckily they replied back just now.
they have adviced me that my wife cannot be included on my ilr application form and to use the FLR M form after i get my ILR.
i think it comes from a rule that she needs to be in this country as my dependent for 2 years before she qualifies for ILR.but since she on her own tier 1 visa until last month and only switched to be my dependent last month she will have to apply on FLR M form

read the link in my post above. there is no requirement that your wife has been in the UK as your dependent for 2 years just that she currently has (or was last granted) leave as your dependent and has been living in the UK with you as husband and wife (or unmarried partners) for 2 years

[geriatrix]

A successful application - spouse in UK for more than 2 years but on a dependant leave since only 1 year prior to settlement application.

Search the forum and you'll find many such examples.