ILR correct application form

[Ponpete]

I am applying for ILR after spending 2 years in the UK on a spouse visa with my husband (my visa was issued on 06/2011 and is expiring in 09/2014). I was going to apply for ILR using SET(M) form but today I found this statement is the SET(M) guide : ''If you are applying as a partner of a person who last had leave as a Work Permit Holder, a Relevant
Points Based System Migrant, on the basis of UK
Ancestry or in any other temporary work related
category and they now have indefinite leave to
remain or have been granted naturalisation this is
not the correct form to use.' My husband was originally on a UK ancestry visa and now has ILR for several years. Does this mean I cannot apply with SET(M)? Please help to figure out which form to use to apply and if I can apply for ILR at all? Thank you very much and I really hope to get a reply asap as I guess I will now need to change my personal appointment (I booked it under SET(M)...

[Amber]

Set(m) will be correct as you entered the uk on a spouse visa the spouse of a settled person. When did you enter the UK?

[catface]

Set(m) will be correct as you entered the uk on a spouse visa the spouse of a settled person. When did you enter the UK?

This term that Ponpete quotes from the guide does seem to specifically suggest that this form is not for her - are you sure this wouldn't be Set (O) instead?

[vinny]

It depends on what leave she currently has, spouse of settled person or ancestry dependant?

If it's the former, then use SET(M), else use SET(O). Assumes she meets the relevant requirements.

So, the answer to Amber's question is also relevant

When did you enter the UK?

[catface]

It depends on what leave she currently has, spouse of settled person or ancestry dependant?

If it's the former, then use SET(M), else use SET(O). Assumes she meets the relevant requirements.

So, the answer to Amber's question is also relevant

When did you enter the UK?

It seems confusing that they would put that statement in though ... "If you are applying as a partner of a person who last had leave [cut] on the basis of UK Ancestry [cut] and they now have indefinite leave to
remain [cut] this is not the correct form to use". This is *exactly* her situation, maybe someone with more experience can explain?

[Ponpete]

It will be exactly 2 years qualifying period when I am applying. My VISA TYPE: SETTLEMENT
VISA SUB-TYPE: WIFE (applied for it in March 2011 outside the UK, got it in June 2011, entered UK Sep 2011). So I think it was a spouse of a settled person visa (says Spouse Visa of +name of my husband on the visa). However as I understood that statement from the guide to SET(M) that I quoted above, the SET(M) form is not correct for me because my husband was an a ancestry type visa and now is on ILR, and I should use SET(O) or some other type instead anyway? Could you please clarify what this statement then means if not what I understood it does?

[vinny]

If your husband had ILR at the time of your spouse visa application (281), then SET(M) (288) would now be the correct form for your ILR application.

[catface]

I know you're an expert on this stuff Vinny so you're probably right, but I still don't see how you can argue with that particular clause that says SET M is the wrong form for her, are you interpreting it differently?

[vinny]

The quote was incomplete. The missing parts, a few paragraphs before her quote, in Guide SET(M) confirms Amber's and my statements.

[Amber]

You can apply from 28 days before September 2013 (the day in which you entered the UK).

The OP stated that her spouse has had ILR for several years (I assume this to mean more than 2), thus she would have been the spouse of a settled person.

[Ponpete]

Many thanks! Yes, my husband had his ILR for a few years already (since 2008) at the point I applied for my initial settlement visa in 2011. Finally, is there any way to confirm that the visa I have right now (the one I got in Jun 2011) was definitely received through a spouse visa application (281) and not as dependent of ancestry? It doesn't really say much on the visa. The visa is for 27 months. I still have an electronic version of the application form I used and all it says is: APPLICATION FOR UNITED KINGDOM ENTRY CLEARANCE; VISA TYPE: SETTLEMENT; VISA SUB-TYPE: WIFE. On my actual visa it only says: Type: Visa Spouse/CP -Spouse/CP of +name of my husband.

[vinny]

You should be okay.