Assistance Needed on Dependent Visa Form [FLR(M) or SET(M)]

[leo76uk]

My previous immigration status was 8 years as student + 2 years PSW Visa. I received my passport with ILR on 05/11/10 (10 year long resident category). The ILR was stamped on 02/11/10 at Liverpool, the application was posted through a OISC advisor on 04/09/10.

My OISC advisor yesterday told me that I need to apply through SET(M) for my spouse visa as she is eligible for ILR directly as she has completed 2 years as my partner in the UK under Post Study Work Dependent.

The question I would like to clarify is my OISC advisor is correct?

1. Do I need to apply through SET(M) for my spouse as I have ILR now?

2. Does she need to apply through FLR(M) form (2 years completed as a dependent of Post Study Work Dependent is not counted towards ILR).

I would like to know which form to apply, either FLR(M) or SET(M)

Many Thanks!

[vinny]

I believe that it's FLR(M).

SET(M) succeeds iff 287 or 295G is satisfied.