Immigrationboards.com

Dear members:

I and my hubby lived together for 9 years, and got married for 4.5 years in the UK.
But I am not sure if I can apply SET-M, cause the guidance confused me. Please give me some advice.

My hubby:
T1(E) visa now, he will apply SET(LR) before T1(E) visa expired.

Mine visa:
11/01/2012---30/11/2013, T4 students
17/12/2013---25/07/2015, T1 PBS DEP (7 Months)
09/11/2015---09/11/2017, T1 PBS DEP Extension (24 Months)

Question:
1. I am PBS DEP visa now, can I apply SET-M?

Guidance: “If you are applying as a partner of a person who last had leave as a Work Permit Holder, as a Relevant Points Based System Migrant, on the basis of UK Ancestry or in any other temporary work related category and they now have indefinite leave to remain or have been granted naturalisation, this is not the correct form to use. For further information on which form is applicable see: UK Visas and Immigration - GOV.UK”

2. If count my 2 DEP visa together, I have 31 months meet the 5-year –route rule.
But if count my last visa permission only, I only got 24 months. Can I apply SET-M?

Guidance:
"- family life as the partner of a person present and settled in the UK (2-year route). You will only be eligible to apply for indefinite leave to remain if you were last granted limited leave for a period of 27/24 months under Part 8 of the Immigration Rules and have completed at least 24 months with such leave as a partner under Part 8;
- family life as the partner of a person present and settled in the UK (5-year route). You will only be eligible to apply for indefinite leave if you were last granted 30 months limited leave to remain as a partner and have completed at least 60 months with such leave granted under Appendix FM on a 5-year route to settlement; "



Thanks you all for your reading and kind help!


.

1. I am PBS DEP visa now, can I apply SET-M?

No you cannot as you do not hold a visa in the relevant category to qualify for Set(M). You are not on a visa granted under Appendix FM (spouse settlement visa).

2. If count my 2 DEP visa together, I have 31 months meet the 5-year –route rule.
But if count my last visa permission only, I only got 24 months. Can I apply SET-M?

No you cannot. You do not hold a spouse settlement visa to qualify for Set(M).

More importantly, if your spouse applies for ILR based on Long Residence, you will be required to switch to FLR(M) which will reset your clock to zero for ILR based on 5 years residence, unless you reach 10 years Long Residence first (which you should). You are not able to extend your PBS dependent visa once your spouse gets ILR long residence. The rules changed in April 2014. See dependant-of-ilr-long-residence-applicant-on-pbs-leave (click)

You will only qualify for ILR at the same time as your spouse if your spouse applies for ILR based on Tier 1 Ent 5 years residence.

Your spouse has also already been advised that they do not qualify for long residence ILR due to a gap in residence. See topic link below.

indefinite-leave-to-remain/i-have-a-gap ... l#p1534152

Thank you so much!!