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correct application form for 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, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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soulmaan
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correct application form for ILR

Post by soulmaan » Mon Apr 08, 2019 5:24 pm

Hi All,

I am in the process of applying for my ILR and wanted to seek your advice on the correct application form.

But first a bit of background:
My husband came to the UK to study and then switched to a Tier 2 visa and earlier this year got his ILR.
I came to the UK as a Tier 2 PBS dependent but since Jan 2019 I am now on a ILR PBS dependent visa (as my latest visa/BRP was issued after my husband got his ILR approved).

I am using the SET (M) application form which i think is the correct one but just wanted to be absolutely sure. Am i correct?

Appreciate your help in advance. Thanks.

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Casa
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Re: correct application form for ILR

Post by Casa » Mon Apr 08, 2019 6:18 pm

Was your husband granted ILR under the 5 year route or long residence :?:
(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.

soulmaan
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Posts: 5
Joined: Mon Apr 08, 2019 5:04 pm
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Re: correct application form for ILR

Post by soulmaan » Mon Apr 08, 2019 7:44 pm

5 year route ... he was on a tier 2 for 5 years and then got his ilr

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Casa
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Re: correct application form for ILR

Post by Casa » Mon Apr 08, 2019 7:52 pm

In which case you should apply on form SET(O).

SET(M) is for someone who has previously held a FLR(M) visa, not as a Tier 2 Dependant. Your husband's ILR doesn't change your route to settlement as he was granted ILR under the 5 year route.

https://www.gov.uk/government/publicati ... -form-seto
(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.

soulmaan
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Posts: 5
Joined: Mon Apr 08, 2019 5:04 pm
United Kingdom

Re: correct application form for ILR

Post by soulmaan » Tue Apr 09, 2019 10:21 am

Thanks Casa, I think i understand now. My new BRP still says 'PBS Dependant Leave to Remain'. The confusion was just coming because i had got my last visa granted after my husbands ILR and when i start the application it asks eligibility questions and as part of that the following para comes up. It then takes me to the SET (M) application form If i click on the link to apply as a partner of a settled person.

https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

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.


And reading it now, it then mentions eligibility being family route so i see what you are saying. Thank you as i dont want to be wasting £3k by applying on the wrong form :).

Wish UKBA had made it a bit clearer too in some sort of guidance / notes.

Regards

soulmaan
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Posts: 5
Joined: Mon Apr 08, 2019 5:04 pm
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Re: correct application form for ILR

Post by soulmaan » Tue Apr 09, 2019 2:39 pm

Hi Casa, one more question please.

I was filing out the SET (O) application form online and at the end of the application come a few declarations. One of them is around financial support. My uestion is, do I need to prove financial support at this time too or is that not needed since my husband provided all the information at the time he got his ILR. If so, would a letter from his company and his payslips and my savings account bank statement be sufficient?

Thanks

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