Set m application challenged

Hello All

I have made a set m ilr application as a dependent on my partner in oct'20. I first entered the country in 2012 on tier 2 visa and moved to pbs dependent in jan'2014.

My wife got her ILR and because i had not completed 5 years i applied for an extension in 2018, since then she was naturalised and have got British passport.

I have now got an email from the case officer on my ILR application (after 1 year) that as i have not done 5 years as a dependent of a British citizen i do not qualify. And i am confused i thought given i have completed more than 6 years as a pbs dependent of tier 1 general, i do qualify and hence filled the set m form, am I mistaken ? Does the counter restart as my partner is british citizen now ?

Any guidance you have provide will be of great help.

As you appear to have obtained your Tier 1 dependant visa before your partner settled I believe you should have applied on form SET(O), not on form SET(M). See:

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

If this is confirmed (wait for others to respond) and provided no decision has been taken on the SET(M) application yet you can vary it to a SET(O) application.