ILR - VISA APPLICATION

Hi,

When I first came to the UK, I was on a dependent spouse visa, and my husband had a work visa. Later that year, he switched to ILR and obtained British citizenship. I then applied for my dependent spouse visa under the FLR(M) route as a dependent spouse of a settled British citizen. I have been under this route for 4 years. Therefore, in total, I was on a dependent spouse visa when my husband had a work permit for 1 year, and under FLR(M) (when my husband got his settled status in the UK) as a dependent spouse for 4 years. I have stayed in the UK for a total of 5 years. Is it possible for me to apply for my ILR now? Please can anyone help me with my query?

Yes, it requires you to apply as a skilled worker dependant to benefit from the skilled worker immigration rules using form SET(O). This is possible as your partner settled under the skilled worker route and the rules simply require their dependants to have been their partner for 5 years to qualify for ILR, effectively allowing such a combination without the need to switch back (if for example, they switched to the family route).

Just beware that the form SET(M) should NOT be used in this instance even though you are currently under family route, as this is a common mistake. ILR under the skilled worker route is applied via form SET(O)

If the partner has switched into the partner of a settled person category they can apply for settlement without having to switch back to the relevant route. For more information relating to partner of settled person see Appendix FM guidance.

https://www.gov.uk/government/publicati ... ing-period

Hi

Thank you very much for your reply. I'm currently on an FLR(M) route leave to remain visa. According to the government website, I can only apply under SET(O) if I'm on a PBS dependent spouse visa:

https://visas-immigration.service.gov.u ... 1700148037

"If your current leave to remain is as the partner of a PBS migrant, you have completed 5 years in the UK under this route, and you want to apply for settlement using this route, you should apply using form SET(O)."

Gaya1202 wrote: ↑

Thu Jun 27, 2024 9:35 am

Hi

Thank you very much for your reply. I'm currently on an FLR(M) route leave to remain visa. According to the government website, I can only apply under SET(O) if I'm on a PBS dependent spouse visa:

https://visas-immigration.service.gov.u ... 1700148037

"If your current leave to remain is as the partner of a PBS migrant, you have completed 5 years in the UK under this route, and you want to apply for settlement using this route, you should apply using form SET(O)."

That is generic advice that applies to most applicants but not in your case as you want to apply under the skilled worker route. I already explained why you need to apply using form SET(O) and how it is possible if you intend to benefit from skilled worker rules. The fact that you hold a family visa rather than a dependant visa will NOT prevent you from applying using SET(O)

Agree. SET(O) is now possible without switching back.