I have to apply for ILR through SET (O) form and I have some queries regarding Set (O) dependent (spouse) eligibility criteria.
Entered UK on WP with family and Switched to Tier 1 with family after 6 months. Extended Tier 1 Visa 16 months back together with family.
Summary of Family’s Stay in UK –
Initial Stay in UK = 22 months
Outside UK = 16 months
Inside UK = 19 months (till date)
Total Stay of family with me in UK = 22 + 19 months = 41 months (3.5 years)
Total Stay of family outside UK = 16 months (in between).
I also visited India for short duration to meet my family 2-3 times during 16 months.
My queries are –
1. Is my spouse eligible to apply ILR with me based on above info?
2. If yes, Do we need to submit the cohab docs for 2 years or 19 months or 16 months (since last approval of Leave to remain, as per SET (O) form)?
3. If No, Can my spouse stay in UK on Tier 1 dependent without applying FLR or any other VISA (Assuming my ILR will be approved)?
Thanks in advance for your kind and timely help.