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Confusion - SET(O) or SET(M)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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back2uk2
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Confusion - SET(O) or SET(M)

Post by back2uk2 » Tue Aug 30, 2016 4:50 pm

Hi Friends,

Need some help in clarifying the confusion.

I am on Tier 2 General for the past 5 years (between two employments) and planning to apply for ILR through premium service.
My dependents are - wife & child. Hoping for my ILR approval on the very day of the appointment, can I then submit the ILR applications for my dependants through post straight after my ILR premium apppointment (trying to save money) instead of including them in my application and pay for the premium service.

In such a case, which will be right form to use ? SET(O) or SET(M)?

Thanks in advance for your advice and help.

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CR001
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Re: Confusion - SET(O) or SET(M)

Post by CR001 » Tue Aug 30, 2016 4:52 pm

When did they arrive in the UK?

It is Set (O) for PBS dependents.
Char (CR001 not Casa)
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back2uk2
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Posts: 71
Joined: Wed Jun 13, 2012 3:17 pm

Re: Confusion - SET(O) or SET(M)

Post by back2uk2 » Tue Aug 30, 2016 5:01 pm

CR001 wrote:When did they arrive in the UK?

It is Set (O) for PBS dependents.
We all arrived together back in Jan 2012.

Can you please advise in which case then SET(M) is used ?

I read the following SET-M guidance note (page 2) :-
GUIDANCE NOTES
1. For Which Applications Must You Use Form Set(M)?
Form SET(M) must be used if you are applying for indefinite leave to remain in one of the
following categories:
- spouse or civil partner of a person present and settled in the UK

So, SET(M) seems right for my case. Excuse me, I may be wrong, but just wants to make sure, don't want to get in trouble just because I have chosen the wrong form.

Thanks for your help.

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CR001
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Re: Confusion - SET(O) or SET(M)

Post by CR001 » Tue Aug 30, 2016 5:10 pm

It is Set (O) for your dependents.

Set (M) is ONLY applicable if your dependents hold a visa as ILR dependents (I. E spouse settlement visa/flr (M))
Char (CR001 not Casa)
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CR001
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Re: Confusion - SET(O) or SET(M)

Post by CR001 » Tue Aug 30, 2016 5:30 pm

Please refrain from tagging your question onto other members threads.

If your wife applies after you for ILR, she is the main applicant on Set (O).

See the link below for confirmation then.

http://www.immigrationboards.com/immigr ... 14832.html
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

back2uk2
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Re: Confusion - SET(O) or SET(M)

Post by back2uk2 » Wed Aug 31, 2016 3:28 pm

Thanks CR001 for your advice.

back2uk2
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Joined: Wed Jun 13, 2012 3:17 pm

Re: Confusion - SET(O) or SET(M)

Post by back2uk2 » Wed Aug 31, 2016 4:37 pm

I have a few doubts if you could please help to clarify :-

1) My child and wife are both PBS dependants, and I am on Tier 2 General visa.
When my wife uses the SET(O) form, then can she include my child as her dependant on the same form, given that for current visa, my child is the dependant on me and not on her ?

2) Considering that I have already obtained the ILR before my wife applies. In SET-O form, under "Section 2- Dependants who are also applying" , does she need to mention my name as the partner ?

3) Same query as above, whether my details will be required in Section 4 - Knowledge of language and life in the UK?

4) Is Section 12T required to be fill in ?

5) Whether my ILR documents - Passport & BRP will be required to be sent along with this application ?

Thanks.

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CR001
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Re: Confusion - SET(O) or SET(M)

Post by CR001 » Wed Aug 31, 2016 5:02 pm

1. Yes child as dependent if applying with spouse.

2. No

3. No, it your wife's

4. No

5. Yes
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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