Post
by gdenzilg » Fri Apr 17, 2026 11:23 pm
Background:
My wife came to the UK in October 2020 on a PBS Dependant visa, dependent on my Tier 2 work visa. I received my ILR in October 2024. At the time I received my ILR, my wife was still holding her valid PBS Dependant leave.
In November 2024 (one month after I got ILR), my wife applied for and was granted FLR(M) under the Appendix FM family route. She had been in the UK for approximately 4 years and 1 month as a PBS Dependant at that point.
I became a British citizen in April 2026.
The mistake:
My wife recently applied for ILR under the Appendix FM 5-year partner route (SET(M)) and was rejected as invalid — on the grounds that she has not yet accrued 5 years of continuous leave under the Appendix FM route. We now understand she only has roughly 5 months of Appendix FM leave, as her prior time was on the PBS Dependant route.
My questions:
1. Because my wife held valid PBS Dependant leave at the exact moment I received my ILR in October 2024, does she still qualify for ILR under the PBS Dependant / Skilled Worker Dependant route via SET(O) — despite having since switched to FLR(M)?
2. Was switching to FLR(M) in November 2024 a mistake? Should she have instead extended her PBS Dependant leave to reach 5 years (October 2025), and then applied for ILR via SET(O)?
3. If SET(O) is no longer available to her because she has switched routes, is there any legal argument or Home Office discretion that could allow her PBS Dependant time (4 years 1 month) to be preserved or counted?
4. Is she now locked into the Appendix FM 5-year route, meaning she needs a further ~4.5 years before she can apply for ILR via SET(M)?
Current status:
* Wife currently holds: FLR(M) — Appendix FM family route
* Sponsor (myself): British citizen
* No gaps in leave, no absences issues
