ILR Eligibility for Tier 1 General Spouse Dependant

[chitti2017]

Hello, could you please advise on my concern below,

Type visa application: ILR ( I will be applying in April 2019)

Applying from: Tier 1 General Dependent (Spouse carries British Passport now)

Visa info:

Initial visa (Obtained from India)
Visa type: TIER 1 General Partner (Dependant)
Visa issue Date: 28/04/2014
Visa Valid Until: 18/04/2016
Date of First Entry into UK: 24/05/2014

Current visa
Visa type: PBS Dependant (Tier 1 General EXTENSION)
Visa issue Date: 16/04/2016
Visa Valid Until: 16/04/2019

Query: Does the applicant meet 5 years continuous stay requirement for ILR application?
or
Do I have to apply for Tier 1 General extension?
or
Do I have to apply FLR M application?

If you come across related cases Please post here any related links for guidance, many many thanks in advance

[CR001]

You qualify for ILR no sooner than within 28 days before the 5th anniversary of your first visa start date.

Presumably your spouse got ILR based on tier 1 and not 10 years long residence, your post doesn't say the route and it is relevant.

[chitti2017]

Thanks for your quick and prompt response.

Yes, you are correct my partner got ILR on the same day (16/04/2016) based on Tier 1 General (5 Year) route where I've been given Tier 1 Genera extension.

That means I can apply for ILR as the partner of a British citizen from 01 April 2019, correct. Not using the SET (0) form.

Many thanks in advance for your swift response.

Kind regards

[CR001]

No. You MUST use SET O form.

Set M is ONLY if you hold a spouse settlement visa NOT a PBS dependent visa. If you use SET M your application will be refused as you don't hold a qualifying visa to use this form.

[chitti2017]

Thanks again. I was under the assumption that I can go for SET M as my partner (who's British) claim child benefit( Child also British) makes me not qualified for SET (O).

Do you see this is an issue for my ILR Application via SET O route even though I'm not claiming any benefits?

Read from the link below,

ILR via Tier1 Dependant route

Apologies if this is annoying, many thanks in advance.

Kind Regards

[CR001]

You are overthinking.

Set O online is the correct form. Your British spouse claiming child benefits does not make you ineligible for Set O!! It is your current visa category that determines what form to use.

Your now British spouse is allowed to claim benefits.

[chitti2017]

Thanks a lot for your help, yes I was a bit stressed out with all these rules etc..

Now I'm clear that I should apply using SET O form after 2nd April 2019 ( 28/04/2019 - 5th anniversary of first visa start date)

thanks for this excellent 5-star service

Kind Regards

[CR001]

You're welcome feel free to ask any further questions you might have.

[chitti2017]

Sure will do, thanks.