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SET O for dependent of person settled via 10 year LR route

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

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Vishwagupta
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SET O for dependent of person settled via 10 year LR route

Post by Vishwagupta » Wed Aug 28, 2019 10:35 pm

Hi friends, I am British Citizen and previously settled via long residence route of 10 year. At the time of settlement i was on Tier 2 general visa. I am now looking to apply for ILR for my spouse who has been on PBS dependent (tier 2) since January 2013. I did not switch her to dependent of settled person when i got my ILR. Can someone clarify if she will be eligible to apply for ILR using SET (O) since she has spend more than 5 years on same visa category. I have read somewhere that if i have settled via 10 year route then my depndent also need to settle via same 10 year route. I am confused due to this. She meets all other requirements. She entered UK in April 2011. So has not completed 10 years.

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CULLINAN
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Re: SET O for dependent of person settled via 10 year LR route

Post by CULLINAN » Wed Aug 28, 2019 11:05 pm

Vishwagupta wrote:
Wed Aug 28, 2019 10:35 pm
Hi friends, I am British Citizen and previously settled via long residence route of 10 year. At the time of settlement i was on Tier 2 general visa. I am now looking to apply for ILR for my spouse who has been on PBS dependent (tier 2) since January 2013. I did not switch her to dependent of settled person when i got my ILR. Can someone clarify if she will be eligible to apply for ILR using SET (O) since she has spend more than 5 years on same visa category. I have read somewhere that if i have settled via 10 year route then my depndent also need to settle via same 10 year route. I am confused due to this. She meets all other requirements. She entered UK in April 2011. So has not completed 10 years.
Since you got ILR on LR basis your wife cannot settle on the PBS route. You should have changed her visa right away to FLR(M).

“PBS dependants of such migrants cannot apply for settlement without switching to FLR(M). Anyone switching to FLR(M) route on or after 06-Apr-14 will be required to spend 5 years on FLR(M) leave with the same partner to be eligible for settlement. In other words, any time spent in the UK prior to grant of such FLR(M) leave will not contribute towards qualifying residence period for the purpose of settlement. More simply, the dependant's ILR count is reset to zero”
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Vishwagupta
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Re: SET O for dependent of person settled via 10 year LR route

Post by Vishwagupta » Thu Aug 29, 2019 9:08 am

Thank you very much for your reply. Much appreciated and very clear. Is it possible to find guidance or immigration clause on UKVI website to this effect? As usual it is always very difficult to find very specific guidance on UKVI site.

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CR001
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Re: SET O for dependent of person settled via 10 year LR route

Post by CR001 » Thu Aug 29, 2019 9:09 am

Vishwagupta wrote:
Thu Aug 29, 2019 9:08 am
Thank you very much for your reply. Much appreciated and very clear. Is it possible to find guidance or immigration clause on UKVI website to this effect? As usual it is always very difficult to find very specific guidance on UKVI site.
The rules for PBS Dependents of Long Residence ILR partners changed in April 2014, so have been in place for many years. See link below.

immigration-for-family-members/dependan ... 43881.html

She needs to apply for spouse visa on FLR(M) and meet the English and financial requirements. Her 5 years ILR clock is reset to zero but not the 10 year LR (assuming she would meet the 10 year requirements in 2023).
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aman90
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Re: SET O for dependent of person settled via 10 year LR route

Post by aman90 » Thu Aug 29, 2019 10:02 am

April 2021 minus 28 days

Vishwagupta
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Re: SET O for dependent of person settled via 10 year LR route

Post by Vishwagupta » Thu Aug 29, 2019 10:08 pm

Thank you for your reply again. The link was very useful and the rules are clear. When I dig deeper there were taken from Part 8 of immigration guidance from 2015. And we know UKVI keeps changing rules. When I look at most recent immigration rules manual I can’t find these paragraphs. https://www.gov.uk/guidance/immigration ... ules-index

Can anyone help find same paragraphs at link above?

Sorry to be pain but I just want to make sure I apply for correct visa before I pay non refundable fees.
Thanks in advance

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CR001
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Re: SET O for dependent of person settled via 10 year LR route

Post by CR001 » Thu Aug 29, 2019 10:18 pm

FLR m now comes under Appendix FM spouse rules 277 to 289 and not part 8.

FLR m is the correct visa. There is no other visa to apply for.
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