UK Tier 1 (Gen) Dependent 5 yr route ILR Application - Which form? Set (O) or Set (M) or FLR (M)?

Hello,

I am looking to make an ILR application to the Home Office by April month-end as a PBS dependent (5 yr UK residence route).

My details:
I came to the UK on a Tier 1 (General) Dependent visa on 27th March 2013. I had got this Visa on 18th March 2013 valid until 11th October 2015.

My husband was on a Tier 1 (General) Visa, and he got his ILR on 3rd November 2015. I have also applied for my PBS dependent visa extension with his ILR application and got my extension visa on 6th November 2015 straight after his ILR.

My current visa is valid till 6th November 2018. Now I have already completed 5 years in the UK in the end of March 2018.

My query is about the correct form to be used to make my application. I have checked the requirements on the official website using the link below:

https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

This link directs to SET (O) form.

However, there is a note on that page in section eligibility for partners, states:

"If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead." (i.e. use the SET (M) form)

I received my "current" visa Biometric Card date 6th November 2015 when my husband was already settled on ILR Biometric Card date 3rd November 2015. (i.e. before 3 days I got the extention)

So I am not sure if I should complete my application using the SET(O) or SET(M) form or FLR (M)?

Please if anyone can help?

Thanks

Sabi

If wife has not previously applied for entry clearance nor switched to FLR(M) as a spouse of a settled person, then SET(O) is correct.

Hi Thanks for your reply.

Sorry but I dont understand what do you mean by Entry Clearance. Its obvious that for the first time when you apply from aboard to come to the UK you would get the Entry Clearance. And yes,I have applied for entry clearance very first time to come to the UK after our marraige in India 2012. My husband was then on Tier 1 (General) hence I got UK Entry Clearance sticket visa on my passport - Type VISA TIER 1 (General) Partner.

I haven't switched to FLR (M) as a spouse of a settled person, and stil have PBS dependent visa.

What to do in this case? Do you think to use Set (O) is the right choice.

Thanks & regards,

Sabi.

SET(O) is correct.

Hiya, thanks for your reply. Cheers, Sabi

vinny wrote: ↑

Wed Apr 18, 2018 7:04 pm

If wife has not previously applied for entry clearance nor switched to FLR(M) as a spouse of a settled person, then SET(O) is correct.

Hi again, I am saying sorry first of all as not trying to be funny or too nosy..hehe..just a bit wondered n curious.

Initally you mentioned 'if wife has not previously applied for entry clearance..' still thinking what exactly meant by that. I have applied for entry clearnce to come in the UK after marriage, still form (O) is OK?

thanks, Sabi

I meant

if wife has not previously applied for entry clearance as a spouse of a settled person nor applied for FLR(M), then SET(O) is correct.

She still has leave as a PBS dependent. So SET(O) is the appropriate form.

Morning, thanks for your reply, I understood now. 've a good day.