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Need Help with SET(O) for wife's ILR

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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mxgee
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Posts: 38
Joined: Thu Apr 28, 2011 6:17 pm

Need Help with SET(O) for wife's ILR

Post by mxgee » Thu Feb 08, 2018 9:04 pm

I become British National in 2013 through Tier 1 (General). My wife came to UK on spouse visa. This year she will be completing her 5 years in UK and will be applying for ILR on SET (O) form after April 2018.I have few questions about her ILR application I will be very grateful if anyone can help:
On page 2 of SET (O) there is a note:
Tier 1 (General) migrants and highly skilled migrants under the terms of the HSMP ILR judicial review policy document will be unable to submit applications for ILR on or after 6 April 2018.
Would this note affect her ILR application as she is applying after 06 April 2018.
In section 3 which category she needs to apply?
Does she need to fill Section 9? If she does then what parts of Section 9 (She is not working)

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
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Re: Need Help with SET(O) for wife's ILR

Post by Casa » Thu Feb 08, 2018 9:11 pm

I'm confused. :? In 2016 your wife was applying for FLR(M). Surely she should now be applying under SET(M) on the 5 year spouse settlement route :!:

immigration-for-family-members/p45-as-p ... l#p1339071
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

mxgee
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Posts: 38
Joined: Thu Apr 28, 2011 6:17 pm

Re: Need Help with SET(O) for wife's ILR

Post by mxgee » Thu Feb 08, 2018 9:20 pm

No i have checked on gov.uk she will be applying through SET (O).

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Need Help with SET(O) for wife's ILR

Post by Casa » Thu Feb 08, 2018 10:20 pm

Did she enter the UK on a Spouse Settlement visa (2.5 x 2.5 years). The timescale appears to suggest you were no longer under Tier 1 General when her entry visa was issued. Is that correct?

Why do you believe she should be applying under SET(O) :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

mxgee
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Posts: 38
Joined: Thu Apr 28, 2011 6:17 pm

Re: Need Help with SET(O) for wife's ILR

Post by mxgee » Thu Feb 08, 2018 10:46 pm

This is what I thought but on gov.uk if you go on the following link:
https://www.gov.uk/settle-in-the-uk
And Click on Start now to check what form applicant requires to apply for ILR there are questions such as`:
Did your family member or partner settle before they become a British citizen?
Answer: Yes
How did they settle?
Answer: On a work visa
What type of work visa did they settle with? (Answer has two options: A tier 1, Tier2 or tier 5 visa/Any other visa
Answer: A tier 1, Tier2 or tier 5 visas
Then on next page gov.uk tell me that my wife needs fill SET (O).

safeery2k
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Re: Need Help with SET(O) for wife's ILR

Post by safeery2k » Thu Feb 08, 2018 10:52 pm

Hi, I am in same position. I also came to UK on Tier 1 General and now settled. My wife came as dependenat in 2012 and completed her 5 years. I applied using SET M for my wife's ILR but got a letter to apply using the correct form within 10 days otherwise will get refusal.

I looked at SET O form and it seems to be asking too much information about main applicant of tier 1 general ..do I need to provide all that information or I can skip all that?

This form is so confusing...if only dependant is going to apply for ILR.

Thanks for the help.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Need Help with SET(O) for wife's ILR

Post by vinny » Thu Feb 08, 2018 11:08 pm

mxgee wrote:
Thu Feb 08, 2018 10:46 pm
This is what I thought but on gov.uk if you go on the following link:
https://www.gov.uk/settle-in-the-uk
And Click on Start now to check what form applicant requires to apply for ILR there are questions such as`:
Did your family member or partner settle before they become a British citizen?
Answer: Yes
How did they settle?
Answer: On a work visa
What type of work visa did they settle with? (Answer has two options: A tier 1, Tier2 or tier 5 visa/Any other visa
Answer: A tier 1, Tier2 or tier 5 visas
Then on next page gov.uk tell me that my wife needs fill SET (O).
Apply to settle in the UK wrote:If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead.
SET(M) is correct as wife's initial and current leave were after you settled. They were under Appendix FM.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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