SET(O) or SET(M)

psmurali89 · Post by **psmurali89** » Tue Jan 17, 2023 7:36 pm

Hi,

My wife came to UK in March 2018. She had 2 extensions under T2 dependent. Her first PBS dependent visa was valid until end of Feb 2019 and she applied for extension in first week of Feb 2019 and got her visa in 3rd week of April 2019. There's nearly 2 months gap between her old and new visa (both her extension visas was applied before the current one expired). It's a similar situation for the second extension as well. Can she count these days towards her eligibility to apply for ILR? Means, she came to UK in March 2018 so she will be eligible to apply for ILR from mid/late Feb this year? Or her 2 months gap between her visa extension is not counted?

razergd1 · Post by **razergd1** » Tue Jan 17, 2023 10:09 pm

https://www.gov.uk/government/publicati ... -residence

Read page 19 regarding section 3c leave and make a judgement.
I'm not qualified to give you advice but in my unprofessional opinion you can count the time between visas as long as you applied on time and an extension was granted.

Ticktack · Post by **Ticktack** » Wed Jan 18, 2023 12:27 pm

psmurali89 wrote: ↑
Tue Jan 17, 2023 7:36 pm
Hi,

My wife came to UK in March 2018. She had 2 extensions under T2 dependent. Her first PBS dependent visa was valid until end of Feb 2019 and she applied for extension in first week of Feb 2019 and got her visa in 3rd week of April 2019. There's nearly 2 months gap between her old and new visa (both her extension visas was applied before the current one expired). It's a similar situation for the second extension as well. Can she count these days towards her eligibility to apply for ILR? Means, she came to UK in March 2018 so she will be eligible to apply for ILR from mid/late Feb this year? Or her 2 months gap between her visa extension is not counted?

2 months gap is counted, as she applied whilst she still had a valid leave. As stated by the other user 3c applies.

zimba · Post by **zimba** » Wed Jan 18, 2023 3:02 pm

There is no gap. That is what many perceive but it is technically not correct.

Why ? Because when you apply for a new application before your current visa expiry (an in-time application) section 3C kicks in when you reach the visa expiry date. As you continue to wait for the pending application to be decided, section 3C automatically extends the previous visa until a new decision for your in-time application is made. So technically, your visa does not expire at all until the pending in-time application is decided.

Given that the new visa is granted, then there is no gap and so there is no change to the continuity of your lawful residence

psmurali89 · Post by **psmurali89** » Wed Jan 18, 2023 3:57 pm

Thank you all.

psmurali89 · Post by **psmurali89** » Thu Jan 26, 2023 6:04 pm

Hi All,

Am bit confused with SET(O) & SET(M). I got citizenship and ILR based on 5 years in Tier2. My wife came to UK as T2 dependent. She's been in T2 dependent visa for nearly 5 years (after 3 extensions in the same category). If she has to apply for ILR, does she need to apply for SET(O) or SET(M)?

CR001 · Post by **CR001** » Thu Jan 26, 2023 6:17 pm

She applies on form SET(O). It is the only form applicable to her visa category.

Topics merged. Please keep all your ILR questions relating to your dependent in one topic, this one.

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