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SET(M) or SET(O) for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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sresree140
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SET(M) or SET(O) for ILR

Post by sresree140 » Thu Aug 21, 2014 9:57 am

hello All,

I applied for dependent visa on July 4 2012 (old rules) and entered UK on October 27 2012. I am eligible to apply for ILR by first week of October. My husband is a UK citizen, he came to UK in 2003 on Tier 2, completed 5 years in UK, got ILR and then citizenship. He became a citizen in 2009.

Which form should I apply SET (M) or SET(O)? Which are the documents that I need to submit?

Thanks & Regards
sresree

Obie
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Re: SET(M) or SET(O) for ILR

Post by Obie » Thu Aug 21, 2014 10:21 am

Provided you husband was issued ILR under PBS and you have resided with him for 2 years and passed LIUK and English language, you can use Set (O).
Smooth seas do not make skilful sailors

sresree140
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Re: SET(M) or SET(O) for ILR

Post by sresree140 » Thu Aug 21, 2014 10:33 am

Thank you...

In SET (O) under the categories mentioned,

Work permit holder Tier 1 (General) migrant
Work permit holder - dependant Tier 1 (Entrepreneur) migrant
Employment not requiring a work permit Tier 1 (Entrepreneur) migrant, accelerated
Businessperson Tier 1 (Investor) migrant
Innovator Tier 1 (Investor) migrant, accelerated
Investor Tier 2 migrant
Highly skilled migrant UK ancestry
Highly skilled migrant under the terms of the
HSMP indefinite leave to remain (ILR) judicial
review policy document
Bereaved partner
Other purposes/reasons not covered by other
application forms
Self Employed lawyers Biometric immigration document (Biometric
Residence Permit (BRP))
Writer, composer or artist PBS Dependant

which one do I fit in?

Also, the form has sections - Main Applicant, Dependent. Should I leave the main applicant sections empty and fill in Only Dependent sections? There are sections asking about the main applicant's work, earnings and absences from work and UK. Should I fill in those?

christer14
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Re: SET(M) or SET(O) for ILR

Post by christer14 » Thu Aug 21, 2014 12:30 pm

PBS dependent.
Because you apply for ILR on your own(not with your hubby), you are the main applicant( though you are a PBS dependent).
This is my understanding, correct me if I am wrong.

sresree140
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Re: SET(M) or SET(O) for ILR

Post by sresree140 » Thu Aug 21, 2014 5:28 pm

Thank you for the reply, but there is no category as PBS Dependent..

Can any of the moderators help me with this...

Obie
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Re: SET(M) or SET(O) for ILR

Post by Obie » Thu Aug 21, 2014 6:21 pm

The advice that christer gave you is perfectly correct.

PBS migrant are in the other's category. You simply put others and state the category you fall under.
Smooth seas do not make skilful sailors

christer14
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Re: SET(M) or SET(O) for ILR

Post by christer14 » Thu Aug 21, 2014 8:18 pm

sresree140 wrote:Thank you for the reply, but there is no category as PBS Dependent..

Can any of the moderators help me with this...
Section 3, Section B, on page 14, there is an option of PBS dependant.

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Re: SET(M) or SET(O) for ILR

Post by Amber » Thu Aug 21, 2014 8:19 pm

You need to apply under SET(M) not SET(O). B1 English and LIUK required.
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Obie
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Re: SET(M) or SET(O) for ILR

Post by Obie » Thu Aug 21, 2014 8:38 pm

Difficult to see how the OP's wife will be entitled to apply under Set (M) if her last leave was not granted under 281, 284, 295A or 295 D.

Unless the dependant she came under was as a spouse of a Settled person, rather than a Point Based system migrant, in which case, it seems pointless to mention the Tier 2 visa.
Smooth seas do not make skilful sailors

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Re: SET(M) or SET(O) for ILR

Post by Amber » Thu Aug 21, 2014 8:42 pm

Obie, the OP applied as a dep of a British citizen so it would have been under 281. The OPs spouse became British in 2009 and applied for spouse leave in 2012.
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Obie
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Re: SET(M) or SET(O) for ILR

Post by Obie » Thu Aug 21, 2014 8:47 pm

On a closer look on the dates, it will appear she indeed came in as a Spouse of a British Citizen.

Don't know why she felt the need to mention the Tier 2 and ILR through Tier 2.

Thought i was dealing with a PBS dependent whose spouse has secured ILR and Citizenship under the Point Based system.
Smooth seas do not make skilful sailors

sresree140
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Re: SET(M) or SET(O) for ILR

Post by sresree140 » Fri Aug 22, 2014 1:11 am

Thank you Christer14, Obie, Amber for the replies and sorry for creating confusion.

In http://www.gov.uk/settle-in-the-uk when I tried the questionnaire to find eligibility for ILR,

there was a question - 'Did your family member or partner settle before they became a British citizen?'
I chose - Yes and on a work visa.

so the result was to use SET(O). This caused the confusion and I posted the query mentioning my husband's immigration history.

Now from your answers I understand, I should be using SET(M). Can you please help me with the documents to be submitted as well?

ranz123
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Re: SET(M) or SET(O) for ILR

Post by ranz123 » Fri Aug 22, 2014 6:47 pm

Hi All,

This forum was very useful till date and I need some advice regarding my child's ILR visa.

I got my British Citizen Ship (via Naturalization) in December 2012. My wife came to UK as Tier 1 Dependent and went back to India for delivery. She came back along with my kid in August 2012 as ILR Dependent visa in Old rules ( got visa for 27 months) and now she is eligible for ILR. Due to health related reasons she can't write Life in UK test but I want to apply ILR/Registration for My Kid.
Which application should i fill for if i want apply ILR only for my Kid.

Please advise how to proceed further.

Thanks in Advance
Ranjith

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Posts: 1
Joined: Sun Aug 17, 2014 11:37 am

ranz123
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Re: SET(M) or SET(O) for ILR

Post by ranz123 » Fri Aug 22, 2014 7:10 pm

Amber wrote:Obie, the OP applied as a dep of a British citizen so it would have been under 281. The OPs spouse became British in 2009 and applied for spouse leave in 2012.
Hi All,

This forum was very useful till date and I need some advice regarding my child's ILR visa.

I got my British Citizen Ship (via Naturalization) in December 2012. My wife came to UK as Tier 1 Dependent and went back to India for delivery. She came back along with my kid in August 2012 as ILR Dependent visa in Old rules ( got visa for 27 months) and now she is eligible for ILR. Due to health related reasons she can't write Life in UK test but I want to apply ILR/Registration for My Kid.
Which application should i fill for if i want apply ILR only for my Kid.

Please advise how to proceed further.

Thanks in Advance
Ranjith

Newly Registered
Hi All,

This forum was very useful till date and I need some advice regarding my child's ILR visa.

I got my British Citizen Ship (via Naturalization) in December 2012. My wife came to UK as Tier 1 Dependent and went back to India for delivery. She came back along with my kid in August 2012 as ILR Dependent visa in Old rules ( got visa for 27 months) and now she is eligible for ILR. Due to health related reasons she can't write Life in UK test but I want to apply ILR/Registration for My Kid.
Which application should i fill for if i want apply ILR only for my Kid.

Please advise how to proceed further.

Thanks in Advance
Ranjith

Newly Registered

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