ILR for Tier 2 dependant – Which Form to Use: Set (O) or Set (M)

[Chanti1211]

Hi all,

I’ve searched the forum but couldn’t find a clear answer, so posting here for guidance.

I’m looking to apply for ILR for my wife and I’m unsure whether to use Form Set (O) or Set (M).
Here’s our situation:

• My wife joined me in the UK as a Tier 2 (General) Dependant in November 2018.

• I was originally on a Tier 2 General visa, and she always applied as my PBS Dependant.

• I switched to ILR (December 2018), then Naturalised (December 2019) and am now a British citizen.

• However, my wife remained on the PBS Dependant route and is now eligible for ILR based on her 5-year qualifying period.

• Her first BRP card was valid for 1 year (aligned with my Tier 2 expiry date), so I applied for 2 extensions for her under the Tier 2 Dependant route (in August 2019 and August 2022), even though I had already obtained ILR, naturalisation, and British citizenship.

One confusing thing:
Her latest BRP now says: "Type of Permit: Dependant Partner – Leave to Remain" instead of the previous "PBS Dependant – Leave to Remain".

Has the route been reclassified? Does this affect her 5-year eligibility for ILR? If it doesn't, could someone please advise:

• Should we use Form Set (O) or Set (M) for her ILR?

• Does the change in BRP wording affect her status or eligibility in any way?

Many thanks in advance!

[CR001]

It's form SET O.

PBS phrase has not be relevant for a few years now. It is skilled worker dependent, not PBS dependent.

[Chanti1211]

It's form SET O.

PBS phrase has not be relevant for a few years now. It is skilled worker dependent, not PBS dependent.

Many thanks, as always, for your swift response

[zimba]

DO NOT apply using form SET(M) if you are a dependent of someone under a work related route