Dependant under Tier1(G) now applying for ILR separately

[whybi]

Hi,

I would really appreciate if you could help me on my situation.

1. I and my wife have been living in UK for over 5 years under Tier 1(G)
2. the visa runs out on the 14 Oct 2013
3. Appointment is booked for 7 Oct 2013 at PEO for SET(O) application
4. I passed the Life in UK test but my wife did not make it today
5. My wife booked another test on 11 Oct
6. I am planning to go ahead for an appointment on 7 Oct and apply the ILR for myself only as my wife doesn't have the LIUK test certificate

In the above situation what would be the best options I've got.

My questions are:

A. If I'm really lucky I may get a decision on the 7 Oct for my ILR and get a biometric before my wife's visa runs out, then should my wife separately apply for her ILR in post by 14 Oct? In this case, does she still use SET (O) form or else?

B. If I don't get a biometric in time, then I understand my wife should leave the country to avoid being over stayer. In that case, can my wife apply for her ILR from oversea, and if she can, which form should she use? Is there any implication I need to know in such case?

I would really appreciate your help on the above.

We're very disappointed at the results because my wife lived here long enough to speak/understand good english as well as understanding very well of the value of this country, plus studied pretty hard for the test, she's got just too nervous when she took the test...

[vinny]

If your wife doesn't qualify for ILR, then she may extend her leave as a PBS dependant before her leave expires.

[whybi]

Thank vinny for the quick response.

But if I get a ILR and get a biometric before her visa expires and she passes the LIUK test, then which form should she use to apply for her ILR? Can this be done outside UK?

[whybi]

Could please anyone help me on the above? Thanks,

[vinny]

SET(O) is the correct form for ILR of a PBS dependant. She has to be in the UK to apply.

[whybi]

Hi Vinny

Thank you very much for your prompt advise. Really do appreciate it. I initially thought I should use the SET (M) in such case, but now reading your comment and the form again, SET (O) appears to be correct form to use. Thanks,

Kind regards