SET(M) or FLR(M) Which Form to use?

I'm aware that there have been other posts on this but am still confused as to whether to use Set(M) or FLR(M) for my partner's visa renewal.

Brief details of our circumstances are:

- I am a British Citizen and have always lived in the UK
- Partner is Colombian, entered the UK on a marriage visa in June 2012; we entered a civil partnership in Nov 2012 and he was granted a 2 year visa that expires in Nov 2014. He had previously been in the UK since mid 2006 for 4.5 years on student visas before going back to Colombia for 15 months prior to re-entry in June 2012.

I think my partner qualifies for the 2 year route to ILR as he re-entered the UK on a marriage visa in June 2012 (before the rule change in July 2012). However, the visa he got before the rule change was only a 6 month marriage visa and I'm not sure whether the fact he entered before the rule change on a now redundant visa (as opposed to getting his current visa after the rule change) qualifies him for the 2-year route.

Either way, I'm also confused as to which form to use - SET{M} or FLR{M}. Any guidance on the above would be much appreciated. Ideally we would like to achieve ILR.

Many thanks

Did he enter with fiancee visa, or a Marriage Visitor visa?

If it was a Fiance Visa, and it was issued in June 2012, then you are covered by the old rules, the fact that you were issued with a 2 years leave, indicates your spouse must have been issued a fiance visa.

Provided he passes his Life in the UK test and English language test, he will be able to apply under Set M.

Thank you for your prompt reply which is very helpful. The BRP steted "Marriage/CP" so I'm not sure whether that's a Fiance visa or a Marriage visa. However, we did not get our civil partnership until after he entered the UK, so he did enter as my fiance.

Can you also say whether the IELTS test that he took to get entry in 2012 will stiil be sufficient to demonstarte his level of English. It was at alevel sufficient for University entry, so will be at least ESOL B1. however, I know the rukes changed in October 2013 on what is required for an ILR application.

Thanks again.