ILR application Set (O) questions

I am in the process of applying for ILR as I have been in the UK as my wife's dependent for 5 years. I am unsure about whether to use Set (M) or Set (O) to do so. The relevant parts of my immigration history are:

My wife was a Tier 2 migrant in 2015, when I switched from a "post study work visa" to being her dependent "points based dependency visa".

In July 2016, she was granted ILR.

In July 2017, I renewed my dependency visa, which is the visa I am currently using.

In August 2017, my wife became a British Citizen.

Reading the guidance on the gov.uk website, it says that:

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 got my renewal after she had ILR, but my original leave as her dependent when she was a Tier 2 migrant. My current residency permit still says "PBS Dependent".

So should I use Set (M) because I was granted my "current visa" (i.e., my renewal of my dependency visa) after my wife settled in the UK (i.e., got ILR). Or should I use Set (O) because my original dependency visa was granted when my wife was a Tier 2 migrant and my residency permit says "PBS Dependent"?

Thank you in advance.

Matt

It is SET O if you have held and currently hold a tier 2 dependent visa.

The piece you quote refers to those who got a spouse settlement visa after the other spouse got ilr. You don't appear to hold a FLR M spouse visa.

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

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

If you apply on SET M, it will be refused.

Great, I will apply using Set O.

Thank you for taking the time to answer my question. The process in very confusing and it makes a massive difference that people knowledgeable of the details freely offer your help.

I'm sure I'll ask many more dumb questions before I submit my application.I just wanted you to know your help is much appreciated

Matt

One of the sections asks to list (with reasons) "Other countries you have lived in".

Is there a clear definition of what "lived in" constitutes anywhere? This obviously excludes short business trips/holidays. My family moved around for work a reasonable amount when I was young. If I was in a country for 6 months and went to school, I would call that "living there". But other places we were only there for 1-2 months and I didn't change schools. Does that constitute living there?

I'm inclined to err on the side of caution and just list everything that could fall into the "lived in" category. But it would save a lot of time and effort if there was a clear definition and I knew what I could exclude.

Thank you.

Topics merged!! Please keep all questions on the same application in one thread.

Hello all,

Apologies in advance for the long post, any guidance would be appreciated. Here is a brief outline of the relevant immigration history for my husband and myself.

We both moved to the UK in 2011. He came on a Tier 2 visa, I came on a student visa. In mid 2015, I switched to be his dependent and was granted a dependency visa.

In June 2016, we both applied for ILR. He applied on the basis of 5 years on a Tier 2 visa, I applied thinking I was eligible as I was currently his dependent and had also been in the UK 5 years. His ILR was granted, but mine was rejected as I did not meet the requirement of having been his dependent for 5 years.

In August 2017 I applied for and was granted a renewal of my dependency visa. A month later my husband applied for and was granted British citizenship. We have also had two children together, both of whom are British citizens.

I am now applying again for ILR on the basis of having been his dependent for 5 years. I have a few questions I was hoping someone can answer.

1. I took the life in the UK test in 2016 when I previously applied for ILR and was rejected. I still have the certificate and assume it is still valid. However, there was a clerical mistake on the certificate where my last name is written in the first name field and visa versa. At the time I took the test I spotted this and the person issuing it said that I should write a covering note explaining what had happened and it would be accepted. I did this in my previous ILR application. However, the application is now all online and I can see no place where I can explain why the name of the form is different. How can I communicate this to whoever is considering my application?

2. In the document check list it asks for "Evidence of XXX's immigration status in the UK" and also "Current Biometric Residence Permit for XXX". I have a few letters from the home office, but the only concrete evidence of my immigration status is my biomertic residency permit. Should I be supplying something in addition to my BRP as evidence of my immigration status and if so what?

3. The form asks for previous "home office reference numbers". I have these for my failed ILR application and renewal of my dependency visa, but not anything before that. For example, I can't find my reference number for the original dependency visa application. Is it essential that I find this and if so where can I get this information?

4. The application asks for my Husband's Sponsor licence number. We still have this number from his last Tier 2 visa application. But it seems a bit redundant given he is now a British citizen. Should I still provide it?

5. Similarly, we cannot find his VAF or GWF number that is asked for. His letters from the home office also do not contain a home office reference number (the "Our Ref" field is empty). Does it matter if we don't have these?

6. As a permanent resident and British citizen my husband has been claiming child benefit in his name for our two children. The application asks for details of these benefits, which makes me nervous and think that his claiming them my jeopardise my application. Can my application be refused because he was claiming child benefits? If so, can we return this money in some way?


I know this is a lot of questions. Thank you in advance for any help you can offer!

Why have you registered yet another username?? This seems to be a pattern every year or so all posting from the same static IP address and the same circumstances!! Multiple usernames are strictly not permitted on the forum!!

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Administrator wrote: ↑

Fri Dec 01, 2006 2:46 pm

.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin

CR001 wrote: ↑

Sun May 10, 2020 11:16 am

Why have you registered yet another username?? This seems to be a pattern every year or so all posting from the same static IP address and the same circumstances!! Multiple usernames are strictly not permitted on the forum!!

member/Matt2020/

Last active:
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member/anonyMouse/

member/RandomUser123/

member/sadAndConfused/

member/BCurious/

announcements/multiple-member-id-s-t11811.html

Administrator wrote: ↑

Fri Dec 01, 2006 2:46 pm

.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin

Yes I did, sorry. Although I'm sure not every one of those accounts are me.

The reason is not anything malicious, I'm just useless at remembering passwords let alone usernames. This is usually not a problem as I can use the "reset password" with my usual email address. However, these forums seem to require a username to login and/or recover a password. Or possibly I consistently do something wrong with the "recover password" interface.

So not seeing any other way to proceed, I made another account. I didn't think that would be a big deal, but if you'd prefer I re-post this under another username I'll try and find a way to recover the login.

Please advise which username you with to keep, especially as you had logged into the matt2020 this morning, 7 minutes before registering the current username. All other usernames will be deactivated.

Yes the log out this morning was my child's doing.

Can you keep this account active and deactivate any others. Thank you.