Direct ILR via SET(O) Clarifications

Hi All,

I would like to say first this forum has been a lot of help. Thank you so much everyone. So a bit of background on myself, I originally came in to the UK on a Tier 2 General Visa PBS Dependent last October 2019. This visa had expired back in July 2022. Like several people, I made the mistake of switching from PBS Dependent to Spouse/Partner Visa by applying for extension via the FLR(M) form because at that time my wife already had her ILR. I have seen a couple of threads that say, even though I have switched visa types I can still apply for ILR but just using the ILR application form Set(O) and selecting Tier 2 Skilled worker dependent. I just have a clarification on this, at the time of my LTE, my wife had a Tier 2 General Visa which I believe is the predecessor of the Skilled Worker Visa. Can I still apply for ILR on the SET(O) form even though I was under the Tier 2 General visa and not the Skilled worker visa?

Thank you!

The old Tier 2 General route and the skilled worker route should be treated the same way. Having switched to the family route is also no longer an issue.

The skilled worker rules allow you to include the time spent under the partner of a settled person (family route) too. You should apply using form SET(O) and make sure to select the 'Tier 2/skilled worker dependant' route. Note that to benefit from the rules, you need to do this and try not to worry about your current visa under the family route.

Note that the form SET(M) should NOT be used in this instance even though you are currently under the family route, because ILR under the skilled worker route is applied via form SET(O)

The guide says:

If the partner has switched into the partner of a settled person category they can apply for settlement without having to switch back to the relevant route. For more information relating to partner of settled person see Appendix FM guidance.

https://www.gov.uk/government/publicati ... ing-period

Thank you so much zimba. I had a hunch it was that, I just needed another opinion. I will be applying soon and I will update on this thread or in another for the outcome. It might help someone else who is in the same situation. Thanks again!

Update: I had my applied using Set (O) was granted an ILR. Thank you so much zimba!

xcelites2k wrote: ↑

Mon Nov 25, 2024 5:22 pm

Update: I had my applied using Set (O) was granted an ILR. Thank you so much zimba!

Congratulations