ILR for spouse, 2 years or 10 years?

[ILR11]

Dear Gurus and Masters,

Thank you for your assistance and sharing your super-knowledges for my visa for the last a few years! This time, I have questions regarding my wife's application for ILR. Her current visa expires in April 2016.

Our current situation:
My self: holding ILR
My wife: a Resident Permit (as PBS Dependant leave to remain)

Her situation who has South Korean passport:
1) First entry into the UK was August 2005 as a student with student visa for her university
2) Her student visa got extended twice more which then she was granted Tier 1 post study work from February 2010, valid till February 2012
3) We got married in November 2011 and with that, she went back to her country to get entry clearance as Tier 1 (general) Partner of me, who had Tier 1 visa as part of old Highly Skilled Migrant Program (HSMP) - her visa was valid from February 2012 till April 2013
4) She then was granted Resident Permit (as PBS Dependant leave to remain) from Apr 2013 till Apr 2016. Just to let you know, I was granted ILR at the same time, which is April 2013 and her permit was granted based on that (we went to home office together for face-to-face interview)

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I've got an answer from one of your gurus saying she can be eligible for either SET(O) or SET(LR).
But I am questioning why it's not SET(M) but SET(O)? It's not for myself but for my wife?
Can someone please review this again and clarify which form (route) she needs?

And I also have a a couple more questions regarding her IRL application below:
1. which route (SET(O or M) or SET(LR)) will be safer/easier if she's eligible for both
2. how many months or years of financial proof do we need? (we both work full time)

Please gurus, help us finding the best way to apply for her ILR

Many thanks in advance!

Best,

[CR001]

She cannot apply for ILR on Set(M) because she is NOT on a spouse settlement visa. She must use Set(O) if she is a PBS Dep visa holder.

[ILR11]

Hi CR001,

Thanks for your advice.

Then is she still eligible for SET(M) on the 2 year route? (although she stayed 3 years as a dependant including the entry clearance as Tier 1 (general) Partner visa in February 2012). Is she covered under the old rule?

I went through the SET(M) Guidance but it doesn't mention about 2 year route so.

Or she is only eligible for SET(LR) this time?

[CR001]

Hi CR001,

Thanks for your advice.

Then is she still eligible for SET(M) on the 2 year route? (although she stayed 3 years as a dependant including the entry clearance as Tier 1 (general) Partner visa in February 2012). Is she covered under the old rule? No because she is a PBS dep. She is not on the FLR(M) visa which is what Set(M) is for. She can only apply for Set(O).

I went through the SET(M) Guidance but it doesn't mention about 2 year route so.

Or she is only eligible for SET(LR) this time? No, she can apply on Set(O).

[ILR11]

Hi CR001,

Thanks for your swift reply and sorry for making you confused with SET(M) and SET(O).
I meant SET(O) in my previous reply.

Ok, I went though the SET(O) guidance but it doesn't mention about the 2 year route.

The qualifying periods mentioned on the SET (O) guidance is:

The qualifying periods are as follows:
5 years in the following routes: work permit holder, employment not requiring a work permit, businessperson, innovator, investor, self-employed lawyer, writer, composer or artist, UK ancestry, Tier 1 and Tier 2.
3 years in the Tier 1 (Entrepreneur) - accelerated route. Applicants must ensure that they qualify for the accelerated route before submitting an application for indefinite leave to remain on that basis.
2 or 3 years in the Tier 1 (Investor) - accelerated route, depending on the level of investment in the UK. Applicants must ensure that they qualify for the relevant accelerated route before submitting an application for indefinite leave to remain on that basis.
5 years or 4 years in the highly skilled migrant category. The 4-year qualifying period applies only to applications made under the terms of the HSMP indefinite leave to remain judicial review policy document. Those terms apply only if you applied successfully under the highly skilled migrant programme (HSMP) before 3 April 2006. All other highly skilled migrant applications are subject to the 5-year period.
There is no qualifying period in the bereaved partner category.


Now, my question is, if she is eligible for 2 year route next month?
If not, is she eligible fore SET(LR) as she's been living in the UK for over 10 years as you can see her visa record on my first post?

Thank you so much in advance!

[CR001]

She could have applied for ILR already based on her first PBS Dependent visa.

On what basis did you get ILR?

[ILR11]

I've got my ILR on PBS in April 2013.

She's got her first dependent visa (entry clearance as Tier 1 (general) Partner) in February 2012 which was valid till April 2013 because my Tier 1 visa expired so that I had to apply for ILR.
We applied her Resident Permit (as PBS Dependant leave to remain) and my ILR at the same time in April 2013.

And this is why we are very confused which route we should go for.

Any advice please?

Thanks

[CR001]

She could have applied for ILR in 2014 already when she reached 2 years residence.

Ok to apply now on form Set(O).

[ILR11]

Thanks for clarifying on this. It sounds so much clear now.
However, just one last concern...
As in the current SET(O) guidance, it doesn't mention about 2 year route in their qualifying periods... (see the copy highlighted in red in my previous reply)
Can she still use this form?

Many thanks in advance.

[CR001]

It doesn't matter. HO know the rules. Complete Set(O) with your wife as main applicant.

[ILR11]

Thanks millions!
We've been confused so much and couldn't figure out which form even after a long research.
We will keep updating how our visa application goes and surely post to share our experience once my wife gets her IRL.

Thanks again for your advice.