FLR and then ILR timings query

[allgo]

Tried looking all forums and there are lot of confusing text all around.
as per this
http://www.ukba.homeoffice.gov.uk/sitec ... 65-fam-set


If you applied to come to the UK or for permission to stay here on or before 8 July 2012 and that permission was granted, you will need to be in the UK for 2 years before you can apply for settlement.

My wife got first Tier 1 dependent visa in March 2011 and when I took a 2nd extension in May( I had to as I had come in 4 months after my initial grant of HSMP) this year she got the next dependent Tier 1 visa with a PEO appo along with me. Now both the dates are before 8th July 2012.

I have 2 questions -

1) If I go for my PR this dec end or early Jan (When I become eligible I am not sure if she need to apply for a FLR(M) immediately and if so within what time scale? I actually complete 5 years on 14th Jan so by 16th Dec I can apply i.e. 28 days before

2) She came in the UK on 7th April 2011 so technically by 10th March (28 days earlier) she can apply for PR after completing 2 years. So can she continue with her current Tier -1 dependent visa for Jan and Feb and directly go for her PR in March? I guess it is dependent of answer to question 1

In case there is a clause that as soon as the main applicant gets PR the dependent who was till now in Tier -1 dependent visa has to apply for FLR the above rule may go against her 2 year eligibility and make it 5 years instead as per new rules.

In case you are of anyone with a similar scenario kindly do let me know. Also if you can post relevant links that will be very useful too.
Thanks in advance

[geriatrix]

Dependants of ILR (economic, 5 year route) applicants

[allgo]

Thanks SushdMehta

I actually went through a sticky thread before where it mentioned that to be able to apply for SET(M) one has to apply FLR(M) first - for dependents of ILR migrants.
However in the link you mention

a) If the PBS dependant's current leave will expire after he/she has completed the qualifying period then the dependant may apply for settlement directly (319E).

But isn't the rule that to be able to apply for ILR as a dependent on SET(M) one has to apply for FLR(M) first. That's what I saw in a few other threads - which are a bit old so not sure if rules have changed since.
If you can clarify the same will be obliged.
Thanks again

[geriatrix]

Changes to immigration rules introduced recently - July and Sep 2012.

[allgo]

Thanks again.
And sorry for keeping this topic alive ...

can you kindly provide the link to the changes?

And just confirming - so if a dependent who is currently on a valid Tier -1 dependent visa does not need to apply for FLR(M) to get SET(M) later if she qualifies for the 2 years period within the validity of the current Tier-1 visa? And she can actually work and travel on her current Tier-1 dependent visa until SET(M) ?

Thanks again and am sure many others will benefit from this info and save quite a few bucks.

Best Regards

[geriatrix]

The links to the relevant immigration rules are already available in the linked topic. For specific changes made (changes introduced), see statements of changes in immigration rules introduced since June 2012.

The applicant in such circumstances should use SET(O) form and not SET(M) to apply for settlement as and when eligible for settlement.

Yes.

[allgo]

Thanks. I will go through them in more details

[allgo]

The applicant in such circumstances should use SET(O) form and not SET(M) to apply for settlement as and when eligible for settlement.

Yes.

Hi Sush. reviving this old thread. I read the statement of changes (huge documents) but unable to find the above. Can you kindly give a bit more pointers.
Thanks again