ILR PBS Dependant - Set (O) or Set (M)?

[vineetb]

Hello,

My partner has completed 5 years in the UK as PBS Dependant Leave to Remain. During the first 4 years I was on Tier 2 General Visa, and in October 2019 I applied for and received my ILR. My partner also renewed her visa in October 2019. We are about to apply for her ILR and would be grateful if anyone can help with the queries below:

1) Do we need to fill in Set (O) or Set (M) for this application?
2) Set (M) specifies that you should only use this form if your 'current leave to remain is as partner of a settled person and that leave is on the 5 year route and you have completed at least 5 years with leave on that route'. As I've switched from Tier 2 to ILR during this period, does that make any difference to her 5 year route?

Thanks,
Vineet

[srsw]

Set (O).

Your switching from Tier 2 to ILR doesn't make any difference to her 5 year route.

[vineetb]

Thanks for the response.

Can I clarify in what circumstance would we need to fill in Set (M) then?

[CR001]

Thanks for the response.

Can I clarify in what circumstance would we need to fill in Set (M) then?

Set M is ONLY for applicants who have held a spouse settlement visa, ie FLR M, for 5 years as spouse of ilr holder or British citizen.

Set M is not for PBS dependents and if you apply using it, ilr will be refused and you lose your fee as the applicant does not hold a qualifying visa for set m.

[CULLINAN]

Thanks for the response.

Can I clarify in what circumstance would we need to fill in Set (M) then?

As long you got your ILR via the PBS route i.e. Tier 2, your wife stays on the PBS route and will apply ILR on SET(O) as advised by @srsw.
Had you obtained ILR via Long Residence, your wife would need to change category and apply ILR on SET(M) after 5 years.