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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi, I came to UK as a student in 2004 and my wife joined

Resolved Question:

Hi,

I came to UK as a student in 2004 and my wife joined me as a student dependent in 2006, since then our visas were extended with no problems but in 2012 my Tier1 ENT visa was rejected and I appealed against that decision which I won. The appeal was in time (within 10 days of refusal). We both since had 3C leave till 2016.

I am now granted an ILR and I am wondering if she can apply for an ILR too SET(M) since she was my dependent since 2006. I was also granted PSW visa and she spent 2 years with me before I applied for Tier1 ENT.

Kindly advise.

Regards,

Kash
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

It appears that she is eligible for ILR but the form for her to use is Set(O)
And she will apply as the main applicant.

Hope this helps
Customer: replied 3 years ago.

I consulted a barrister and he advised that she can only apply FLR(M) and not ILR since she is on a 3c leave and not PBS, can you please supply some information to support your reply above or a reference from the law.


 


Regards,


 


Kash

Expert:  UKSolicitorJA replied 3 years ago.
I was under the impression that she was on PBS dependant.

In that case, yes, it would be FLR(m) and she would qualify for ILR in her own right after living in the UK for 10 years lawfully.

Hope this helps
Customer: replied 3 years ago.

is it necessary for her to change her visa to my dependent or she can still have 3c leave till 2016? I got ILR today by the way.


 


KASH

Expert:  UKSolicitorJA replied 3 years ago.
Congratulations on your ILR.

I do not understand how she is on S3C leave until 2016 as that only applies when an application or appeal is pending. It may be advisable for her to apply for FLR(m) and then ILR in 2016 on her 10th anniversary in the UK.
Customer: replied 3 years ago.

She is on 3c leave because we won the appeal on human rights ground, kindly advise

Expert:  UKSolicitorJA replied 3 years ago.
I am afraid this is getting drawn out and taking up more time than envisaged, I may have to opt out I am afraid as you have not left any rating and the question value was low
Customer: replied 3 years ago.
Relist: Answer quality.
It is very clear in my question that my wife is on 3C leave but the respondent unable to read the question correctly on the first instance.
Expert:  UKSolicitorJA replied 3 years ago.
Hello again,

If your appeal was allowed, then it means that the original application has been approved so S. 3C becomes irrelevant. If it was allowed on human rights grounds, then your wife may get what is known as discretionary leave to remain for 3 years which means that she does not need to apply for FLR(m) and she may apply for ILR on her 10th anniversary in the UK.

See here for an understanding of S 3c leave http://www.asherandtomar.co.uk/Pages/3Cand3D.aspx

Hope this helps
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