ILR application (PBS dependant) but partner already naturalised

[kkmo7]

Hi All,

I am currently a PBS dependent BRP and have been in the Uk for 5 years now. My husband was on a tier 2 general work visa at the time when I first came to the UK but he has got his ILR and subsequently citizenship since then. I am planning to apply for ILR now but am confused about which application form I should use.

There are two options on the home office website that seems to both suit my case:
1. PBS dependent ( as thats what is stated on my BRP)
2. Partner of someone who has settled in the UK

The timeline of my case is as follow:
30-Dec-2013 : My husband's tier 2 general work visa granted
20-Oct-2014 : My dependent visa granted
16-Dec-2018 : My husband's ILR granted
08-Jan-2019 : My dependent visa extended (my husband has got his ILR already at that time, but my BRP still says PBS dependant)
01-Mar-2020: My husband's citizenship application approved

I have looked through the discussion on few different posts here and it seems to suggest that I should apply as Case 1 above (PBS dependent) instead of Case 2 (Partner of someone who has settled in the UK).
However, when I started filling in the ILR application form on the gov website, they only allow me to select myself as dependent to a work visa holder (Tier 1, tier 2..). There is no option for me to select myself as a dependent to someone who is settled/naturalised.
This makes me worried that I might have used a wrong application form.
Could someone who has knowledge or experience on this matter that can shed some light on this please?

Thank you for your help in advance

[CR001]

There are two options on the home office website that seems to both suit my case:
1. PBS dependent ( as thats what is stated on my BRP)
2. Partner of someone who has settled in the UK

You can ONLY apply as a PBS Dependent Option 1. The other option, is for someone who has been in the UK for 5 years on a spouse settlement visa.

I have looked through the discussion on few different posts here and it seems to suggest that I should apply as Case 1 above (PBS dependent) instead of Case 2 (Partner of someone who has settled in the UK).

You don't qualify to apply on Case 2 basis as you don't hold a qualifying visa for that route to ILR.

However, when I started filling in the ILR application form on the gov website, they only allow me to select myself as dependent to a work visa holder (Tier 1, tier 2..). There is no option for me to select myself as a dependent to someone who is settled/naturalised.
This makes me worried that I might have used a wrong application form.

You need to complete your husbands Tier 2 details in the SET(O) form for your ILR. You are applying based on that not on the basis that he is now British!

[kkmo7]

HI CR001,

Thank you for your reply.
Is it correct that if I am applying under the Set(o) form, there won't be a financial requirement on my income/my husband's income? (unlike the Set(m) form which requires it?)

[zimba]

HI CR001,

Thank you for your reply.
Is it correct that if I am applying under the Set(o) form, there won't be a financial requirement on my income/my husband's income? (unlike the Set(m) form which requires it?)

Correct