SET M asks to change application route for IRL due to E-ILRP.1.3

[gaubuaali]

Hi,
My partner is currently applying to settle in the UK as the Partner of a British Citizen.

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E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:

(a) at least 60 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);
or
(b) at least 120 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1. or D-ECP.1.2.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1. or D-LTRP.1.2.; or
(iii) a combination of (i) and (ii).

My partner immigration history:
• On 17 November 2014 you applied entry clearance as a Tier 2 dependant partner. This was granted from 19 November 2014 until 17 October 2016 under Tier 2 Rules.
• On 03 August 2016 you applied for limited leave to remain as a Tier 2 dependant partner. This was granted from 28 September 2016 until 01 October 2019 under Tier 2 Rules.
• On 11 July 2019 you applied for further leave to remain as a partner. This was granted from 04 November 2019 until 03 May 2022 under paragraph D-LTRP.1.1. of Appendix FM partner route
• On 27 February 2021 you applied for indefinite leave to remain as a partner under Appendix FM partner route

My question here is why the Tier 2 dependant partner is not considered as Family member visa ?

All we did was just follow GOV.UK website. Our immigration is genius and followed GOV.UK:
* I got my Tier 2 to enter and work in UK, therefore me partner (wife) had Tier 2 dependant partner visa.
* After 5 years in UK, I applied IRL and Naturalisation. Therefore my partner had to switch to family member.

When we checked the eligibility from GOV.UK, it confirmed: Find out if you can apply to settle in the UK
You can apply as the partner or child of a tier 1, 2 or 5 visa-holder who has settled in the UK.

I appreciate all your comments and advise.

If we need to review our application, what is another route or option we can follow ?

Best regards,

[CR001]

• On 11 July 2019 you applied for further leave to remain as a partner. This was granted from 04 November 2019 until 03 May 2022 under paragraph D-LTRP.1.1. of Appendix FM partner route

Why did you partner changed to FLR(M) spouse visa and not extend or continue on Tier 2 dependent visa? By changing categories, the ILR clock reset to zero.

My question here is why the Tier 2 dependant partner is not considered as Family member visa ?

You cannot combine time spent as Tier 2 dependent with time spent as FLR(M) Appendix FM visa to make up 5 years for ILR. They are two completely separate/different visas with completely different immigration rules and requirements.

All we did was just follow GOV.UK website. Our immigration is genius and followed GOV.UK:
* I got my Tier 2 to enter and work in UK, therefore me partner (wife) had Tier 2 dependant partner visa.
* After 5 years in UK, I applied IRL and Naturalisation. Therefore my partner had to switch to family member.

She did NOT have to switch to FLR(M) visa. She could have continued extending her PBS dependent visa until she qualified for ILR or based on your dates, she could have applied for ILR in October 2019 before her visa expired on form Set(O).

When we checked the eligibility from GOV.UK, it confirmed: Find out if you can apply to settle in the UK
You can apply as the partner or child of a tier 1, 2 or 5 visa-holder who has settled in the UK.

Only if your partner was on Tier 2 dependent visa for 5 years at the time of applying for ILR.

If we need to review our application, what is another route or option we can follow ?

Your partner has to apply for a further 2.5 year FLR(M) visa extension. They don't qualify for ILR based on Set M yet.

[gaubuaali]

Thank you CR001,
That gives me better understanding about the situation.

She did NOT have to switch to FLR(M) visa. She could have continued extending her PBS dependent visa until she qualified for ILR or based on your dates, she could have applied for ILR in October 2019 before her visa expired on form Set(O).

So I assume that we have made a mistake by switching Tier 2 dependant to FLR
But I do remember that at the time my partner renewed her visa. As I had ILR visa, all the guidance from GOV.UK was pointing to Switch to Family member visa. It was not very clear if she can extend as dependant of a ILR visa.
Again, when we checked the eligibility for ILR for my partner, GOV.UK does not require clearly Family member with 5 year.

That is sad because we just followed the guidance from GOV.UK from the beginning then at the end they return and said that we did wrong.

[CR001]

So I assume that we have made a mistake by switching Tier 2 dependant to FLR

Yes.

But I do remember that at the time my partner renewed her visa. As I had ILR visa, all the guidance from GOV.UK was pointing to Switch to Family member visa. It was not very clear if she can extend as dependant of a ILR visa.
Again, when we checked the eligibility for ILR for my partner, GOV.UK does not require clearly Family member with 5 year.

It all depends on the answers you put in. The immigration rules are clear that she could have continued on a PBS dependent visa if you got ILR based on 5 years Tier 2. As I said, she could have applied for ILR in October 2019 before visa expiry. There was no need to apply for any extension anyway.

immigration-for-family-members/dependan ... 14832.html

That is sad because we just followed the guidance from GOV.UK from the beginning then at the end they return and said that we did wrong.

You need to ask questions or read the rules rather than rely only on a generic online form on UKVI.