Settle in the UK as the partner of a settled person SET(M) after PBS Dep. (TIER2) and Spouse of a settled person visas

Mudda · Post by **Mudda** » Thu Jan 24, 2019 11:51 am

Hello,
My wife stayed in the UK as a PBS dependent (TIER 2) visa for 4 years and 10months and had to apply for a the Spouse of settled person visa as her TIER 2 Dependent visa was expiring 2 months before the 5 year period eligibility for ILR was completed.

After 1 year in the Spouse of settled person visa we applied for indefinite leave in the UK as the partner of a settled person (SET(M)) abd was rejected.

Could some one explain if the ILR eligibility clock is reset if she switch the visa category? IS this clear from immigration rules? I cannot see where this has been specified clearly.

Many thanks in advance for any support.

Post by **CR001** » Thu Jan 24, 2019 12:29 pm

Why did you switch to FLR M visa instead of extending pbs dependent visa??

On what basis did you get ILR, 5 years tier 2 or 10 years long residence??

To qualify for ILR on form Set M, she must have 5 years residence on spouse Settlment visa. Time spent as pbs dependent doesn't count and cannot be used to make up 5 years.

Yes. The immigration rules are clear in this requirement.

The rule allowing combining the two categories changed in April 2014.

immigration-for-family-members/ilr-pbs- ... l#p1005367

Post by **CR001** » Thu Jan 24, 2019 12:50 pm

Immigration Rules Appendix FM states the 60 month requirement clearly.

https://www.gov.uk/guidance/immigration ... ly-members

Section E-ILRP: Eligibility for indefinite leave to remain as a partner

E-ILRP.1.1. To meet the eligibility requirements for indefinite leave to remain as a partner all of the requirements of paragraphs E-ILRP.1.2. to 1.6. must be met.

E-ILRP.1.2. The applicant must be in the UK with valid leave to remain as a partner under this Appendix (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded).

E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:

(a) at least 60 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);

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Settle in the UK as the partner of a settled person SET(M) after PBS Dep. (TIER2) and Spouse of a settled person visas

Settle in the UK as the partner of a settled person SET(M) after PBS Dep. (TIER2) and Spouse of a settled person visas

Re: Settle in the UK as the partner of a settled person SET(M) after PBS Dep. (TIER2) and Spouse of a settled person vis

Re: Settle in the UK as the partner of a settled person SET(M) after PBS Dep. (TIER2) and Spouse of a settled person vis