Page 1 of 1

ILR for family while self-employed

Posted: Wed May 03, 2023 4:32 pm
by defc0n1
Hey everybody. I got my ILR this past January, and I'm applying for my wife and children through the spouse/5-year route. The problem is, I recently became self-employed. Before February, I was under a normal tier-2 company sponsorship, and now I am working under a limited company. The form has a section where I'm supposed to fill in the 'last financial year end date' and the profits etc. from the last financial year. How do I go about filling this information? A friend suggested writing a minimal amount and adding a cover letter explaining my situation and bank statements for the last 12 months showing the salary from my previous employment as well as the payouts from my current one. Any advice is greatly appreciated.

Re: ILR for family while self-employed

Posted: Wed May 03, 2023 4:36 pm
by CR001
What is your visa route that you got ILR through?

What visa exactly are your dependents on if you only recently got ILR?

Which form are you completing for their ILR?

The form required is specific to rhe visa category they hold, hence asking. For example, if they hold pbs dependent visas, they cannot apply on form SET M as the spouse of a settled person.

Re: ILR for family while self-employed

Posted: Wed May 03, 2023 4:42 pm
by defc0n1
I got it through the 5-year route. I was a tier-2 before, which I suppose is a PBS visa. My wife and child were my tier-2 dependants. I'm applying using the SET(M) form. My wife's BRP reads 'Dependent partner leave to remain'. Is this form the wrong one?

Re: ILR for family while self-employed

Posted: Wed May 03, 2023 4:48 pm
by CR001
Set M is the wrong form. They don't hold the qualifying visa for 5 years to apply on form SET M.

They must apply in form Set O as pbs dependent visa holders.

Re: ILR for family while self-employed

Posted: Wed May 03, 2023 5:08 pm
by defc0n1
Thank you so much, and pardon my confusion, but the first page for Set(0) states this:

"If you are the spouse or partner of someone who is settled and currently living in the UK and you have completed the relevant period of continuous leave in the UK using the 'Family Route', you cannot use this form. You must instead apply using the form Apply to settle in the UK - Partner of a person or parent of a child already settled in the UK."

The description for Set(M) reads "Use this online form to apply for indefinite leave to remain in the UK as a partner of a person or parent of a child already settled in the UK."

Is it really Set(0)? They sure made this as confusing as humanly possible.

Re: ILR for family while self-employed

Posted: Wed May 03, 2023 5:13 pm
by CR001
Your dependents do NOT hold spouse/child of settled partner visas. They cannot use set m, it will be refused.

It is not about your status but the visa category they hold to qualify for ILR.

PBS dependents apply on form SET O.

Re: ILR for family while self-employed

Posted: Wed May 03, 2023 5:14 pm
by defc0n1
Hello again. It's clear now. The section for Set(M) clearly states this:
" Do not use this form 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)"

Thank you so very much. I was going to pay up for this tonight. You saved me a lot of money and pain.

Re: ILR for family while self-employed

Posted: Wed May 03, 2023 5:39 pm
by defc0n1
Sorry, one more thing. In the Set(O) form, one of the first pages is for filling up the information about my current immigration status (follwing the question "What is the name of the person with whom you want to remain in the UK?"). The drop down contains all the visa types (including tier-2 and skilled worker) except ILR. Although I currently have ILR, I suppose this should match my previous visa? Is PBS the same as skilled worker?

Re: ILR for family while self-employed

Posted: Wed May 03, 2023 5:45 pm
by zimba
defc0n1 wrote:
Wed May 03, 2023 5:39 pm
Sorry, one more thing. In the Set(O) form, one of the first pages is for filling up the information about my current immigration status (follwing the question "What is the name of the person with whom you want to remain in the UK?"). The drop down contains all the visa types (including tier-2 and skilled worker) except ILR. Although I currently have ILR, I suppose this should match my previous visa? Is PBS the same as skilled worker?
Yes, it has to match your previous visa

Re: ILR for family while self-employed

Posted: Wed May 03, 2023 6:13 pm
by defc0n1
Thank you