Help with choosing the form

Moromu · Post by **Moromu** » Fri Sep 06, 2013 6:26 pm

I am asking for help with choosing the correct form for my friend.
She is a wife of Permanent Resident Card holder. Her two years visa will expire soon. She is about to apply for her permanent card but what she should choose : SET(M) form or FLR(M) or EEA4 ?
I have to add that her husband has his Permanent Resident Card but he is also non- EU.
Any suggestion what path she should go: ILR or PRC ?
I will appreciate any help.

Moromu

Post by **Jambo** » Fri Sep 06, 2013 7:06 pm

When you say "Permanent Residence card holder" do you mean that he obtained a PR as a family member of a EU national or did he apply for ILR (tier-1 migrant for example)?

From the sounds of it, the wife has a spouse visa (under the UK immigration rules) and should apply for ILR using SET(M).

Moromu · Post by **Moromu** » Fri Sep 06, 2013 7:35 pm

Thanks for quick reply.
He obtained PR as a family member of EU nation. He got divorced few years ago and married my friend.
I had the feeling that should should use SET(M)

Am I right that she can apply before her visa expire or 28 days before the date that she arrived to UK with her two years visa ?

Post by **Jambo** » Fri Sep 06, 2013 7:38 pm

Moromu · Post by **Moromu** » Fri Sep 06, 2013 8:06 pm

I really appreciate your quick reply

But I have one more question. The form is so expensive that she may consider just to extend her current visa. In that case she will use FLR(M)
and in taht case: does she need to pass language test ?

Post by **vinny** » Fri Sep 06, 2013 8:29 pm

Did she get a 27-month spouse visa?

See also requirements for FLR(M).

However, if she is eligible, then she should apply for settlement. KOL required.

Post by **Amber** » Fri Sep 06, 2013 8:58 pm

SET(M) is only around £200 more than FLR(M) so it wouldn't make sense to extend. If eligible, apply for SET(M) using the settlement checking service (click)

Moromu · Post by **Moromu** » Fri Sep 06, 2013 9:57 pm

All your advice are very helpful, Amber

If we find out that filling out application is too hard then we go for professional for sure.
Good night and
Thanks for everything

Moromu · Post by **Moromu** » Sun Sep 08, 2013 6:54 pm

Hello again

I am keep looking for the best option for my friend.
Her baby ( 1 year old) is already British Citizen. Can she apply for settlement using SET(Protection Route) form ? I may be big ignorant but I just found out those information and try to confirm with somebody

Help please

Post by **Amber** » Sun Sep 08, 2013 6:58 pm

You need to be specific as to your friends immigration status where she currently is (UK or abroad), where the child is etc.... SET(Protection) is for a refugee or someone granted humanitarian protection on or after 30 August 2005.

Moromu · Post by **Moromu** » Sun Sep 08, 2013 7:12 pm

Hi
She is in UK with her two years visa. Visa will expire on 16/09/2013
Baby was born here one year ago and got British Citizenship because her husband, baby's father, is a holder of Permanent Resident Card for few years.
When I use" find form" on UK Border Agency website it came up SET(PR)

Moromu · Post by **Moromu** » Sun Sep 08, 2013 7:16 pm

I forgotten to add that the my idea is to make her to apply for settlement as a mother of British dependent. How does it work ?

Post by **Amber** » Sun Sep 08, 2013 7:20 pm

If she came to the UK on a 27 month spouse visa (I assume) she would be completing SET(M) from 28 days before she has completed the 2 year probationary period (from when she entered the UK).

Moromu · Post by **Moromu** » Sun Sep 08, 2013 7:41 pm

I am so knew on this forum that I noticed only now that three different people responded to my request. I would like to thank you all

Coming back to my question: Is there any way, any form that she can apply as a mother of British dependent ?

Somebody told me that she can obtain even Permanent Resident Card as her child is EU member( being British) is that right ?

Post by **vinny** » Sun Sep 08, 2013 7:43 pm

Moromu wrote:I forgotten to add that the my idea is to make her to apply for settlement as a mother of British dependent. How does it work ?

If her visa was based on her husband, then why would she apply for settlement as a mother of British dependent? Did she break up with her husband?

Moromu · Post by **Moromu** » Sun Sep 08, 2013 7:49 pm

No, Its just very expensive and we looking for cheapest way

Post by **vinny** » Sun Sep 08, 2013 8:04 pm

Do give the full details of her visa and her initial date of entry in the UK on that visa.

Moromu · Post by **Moromu** » Sun Sep 08, 2013 8:38 pm

She was granted as a wife of permanent resident holder, with two two years visa back in her country on 16.09.2011
Arrived to uk two weeks letter which is 30.09.2011
She had a baby in the mean time which is already a British Citizen. Now she needs to do something to extend her stage.

Post by **vinny** » Sun Sep 08, 2013 11:42 pm

Moromu wrote:She is in UK with her two years visa. Visa will expire on 16/09/2013

Moromu wrote:She was granted as a wife of permanent resident holder, with two two years visa back in her country on 16.09.2011
Arrived to uk two weeks letter which is 30.09.2011
She had a baby in the mean time which is already a British Citizen. Now she needs to do something to extend her stage.

It's strange that the visa isn't valid for 27 months. What does the visa endorsement actually say in full? Has she satisfied the KOL requirements?

Moromu · Post by **Moromu** » Mon Sep 09, 2013 10:51 pm

Hello again

I have all the information. Her spouse/CP Visa was issued 16/06/2011 and is valid till 16/09/2013 - so yes, you were right 27 months
She arrived in UK on 04/07/2011 and liver here since then.
We decide to go for SET(M) and pay the fee.
Now I have few questions regarding the form itself:
1. She wants to do it by person but next available date is 19/09/2013-3 days after her visa expire. Can she do it or better to send it by post, not to extend the date.
2. She wants to apply just for herself, baby is already British, does she need to still provide details for her baby in section 3 ?
3.How can we know if her last visa is Biometric or not ? I have seen a sticker in her passport and have no clue.

Thanks in advance to anybody who can help

Cheers,
Monika

Post by **vinny** » Tue Sep 10, 2013 2:13 am

I believe she may apply for SET(M) at a PEO after the expiry of her leave, but she won't have the right of appeal nor the right to work. So, her application must be perfect.

Perhaps an in-time postal application may be safer.

Post by **Amber** » Tue Sep 10, 2013 6:19 am

Apply by post before the current leave using the Settlement checking service (click) and she should get a decision in 4-8 weeks. They'll check the form, she'll get to keep her documents and they'll send the application by secure mail. The fee is around £90, explain the expiry of the leave and they should accommodate her.

Moromu · Post by **Moromu** » Tue Sep 10, 2013 6:41 am

I will book her for checking service

How about the kid. To put baby's name in section 3 or not ?

Post by **Amber** » Tue Sep 10, 2013 6:47 am

If the child is British, just pop his/her details in 3.9 only.

Moromu · Post by **Moromu** » Wed Sep 11, 2013 9:08 pm

Hello

We managed to book settlement checking service on Friday. I nearly finished the form. Section 2a question regarding partner. I finally have his paper and he is a holder of ILR. He got it in 2009 as husband of British.
Question is: on what basis did your partner obtain settlement in the UK. What Should I say ? And then has your partner been sponsored as a partner of settle person. I think to say no because British person is not settled. What you think ?

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Help with choosing the form

Help with choosing the form