ILR for Dependants

[deshavn]

Hi,

I have been reading various posts on immigrationboards for my query but unfortunately I couldn't get a suitable answer to my question. I would really appreciate if you can help me with the following query.

I came to UK on Tier 2 General Visa and now I have ILR. My wife came later and has had 2 BRPs with "Type of Permit" as "PBS Dependant". She had one more extension after I got ILR and the "Type of Permit" on her BRP as "Dependant Partner" - I had applied extension based on Skilled Worker dependant route.

She is eligible for ILR now given she has completed 5 years in UK. I am confused about which form to use - SET(M) or SET(O). From whatever I have read on the forum, it seems SET(O) should be the preferred option.
However, If I look at this link -https://visas-immigration.service.gov.uk/product/set-m, it says you should use SET(M) if your:

current leave to remain is as the partner of a British citizen, settled person, or person with refugee leave or humanitarian protection and that leave is on the 5 year route and you have completed at least 5 years with leave on that route.
current leave to remain is as the parent of a child present and settled in the UK on the 5 year route and you have completed at least 5 years with leave on that route.


the first option seems to fit my partner's case.

It also says do not use SET(M) if
your current leave to remain is as the partner of a PBS migrant, you have completed 5 years in the UK under this route, and you want to apply for settlement using this route. Instead you should apply using form SET(O)

when I click on the link for partner of a PBS migrant, it talks about dependants of Tier1 visa.

[zimba]

SET(O) is the correct form!

All migrant workers and their dependents must apply using form SET(O) only. The most common mistake I've seen is that people with dependant visas think because their spouse already has ILR or has since become a citizen, they should apply using the SET(M) form instead. That is an INCORRECT assumption. SET(M) should ONLY be used for people who completed 60 months under (partner of a settled person) aka Appendix FM/family route

The note on the SET(M) form is NOT talking about the personal circumstances of the applicant but rather their visa route which is 5 years under the partner of a settled person/citizen route (Appendix FM):

current leave to remain is as the partner of a British citizen, settled person, or person with refugee leave or humanitarian protection and that leave is on the 5 year route and you have completed at least 5 years with leave on that route.
current leave to remain is as the parent of a child present and settled in the UK on the 5 year route and you have completed at least 5 years with leave on that route.

Anyone with a skilled worker visa (including dependents) must apply for ILR using form SET(O) only. The fact that their partner is now settled or British makes no difference whatsoever.

[Hardik8414]

Hello @zimba,

I almost understood. Thanks, but kindly please confirm.

I am facing same issue and i am confused. I was on work permit when my wife initial visa was granted. then, we had few extensions.
but cutting short, my wife had last extension when i was on ILR. so her current BRP is showing " Dependent partner Leave to remain ".

Now i am British citizen. So i need to use Set (O) form for my wife ILR application. correct ?

Thanks,

[AmazonianX]

Hello @zimba,

I almost understood. Thanks, but kindly please confirm.

I am facing same issue and i am confused. I was on work permit when my wife initial visa was granted. then, we had few extensions.
but cutting short, my wife had last extension when i was on ILR. so her current BRP is showing " Dependent partner Leave to remain ".

Now i am British citizen. So i need to use Set (O) form for my wife ILR application. correct ?

Thanks,

That you are BC now does not change or switch the route she has being on so it is SET (O) that's correct.

[Hardik8414]

Thank you