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Need Help with SET(O) for wife's ILR

Posted: Thu Feb 08, 2018 9:04 pm
by mxgee
I become British National in 2013 through Tier 1 (General). My wife came to UK on spouse visa. This year she will be completing her 5 years in UK and will be applying for ILR on SET (O) form after April 2018.I have few questions about her ILR application I will be very grateful if anyone can help:
On page 2 of SET (O) there is a note:
Tier 1 (General) migrants and highly skilled migrants under the terms of the HSMP ILR judicial review policy document will be unable to submit applications for ILR on or after 6 April 2018.
Would this note affect her ILR application as she is applying after 06 April 2018.
In section 3 which category she needs to apply?
Does she need to fill Section 9? If she does then what parts of Section 9 (She is not working)

Re: Need Help with SET(O) for wife's ILR

Posted: Thu Feb 08, 2018 9:11 pm
by Casa
I'm confused. :? In 2016 your wife was applying for FLR(M). Surely she should now be applying under SET(M) on the 5 year spouse settlement route :!:

immigration-for-family-members/p45-as-p ... l#p1339071

Re: Need Help with SET(O) for wife's ILR

Posted: Thu Feb 08, 2018 9:20 pm
by mxgee
No i have checked on gov.uk she will be applying through SET (O).

Re: Need Help with SET(O) for wife's ILR

Posted: Thu Feb 08, 2018 10:20 pm
by Casa
Did she enter the UK on a Spouse Settlement visa (2.5 x 2.5 years). The timescale appears to suggest you were no longer under Tier 1 General when her entry visa was issued. Is that correct?

Why do you believe she should be applying under SET(O) :?:

Re: Need Help with SET(O) for wife's ILR

Posted: Thu Feb 08, 2018 10:46 pm
by mxgee
This is what I thought but on gov.uk if you go on the following link:
https://www.gov.uk/settle-in-the-uk
And Click on Start now to check what form applicant requires to apply for ILR there are questions such as`:
Did your family member or partner settle before they become a British citizen?
Answer: Yes
How did they settle?
Answer: On a work visa
What type of work visa did they settle with? (Answer has two options: A tier 1, Tier2 or tier 5 visa/Any other visa
Answer: A tier 1, Tier2 or tier 5 visas
Then on next page gov.uk tell me that my wife needs fill SET (O).

Re: Need Help with SET(O) for wife's ILR

Posted: Thu Feb 08, 2018 10:52 pm
by safeery2k
Hi, I am in same position. I also came to UK on Tier 1 General and now settled. My wife came as dependenat in 2012 and completed her 5 years. I applied using SET M for my wife's ILR but got a letter to apply using the correct form within 10 days otherwise will get refusal.

I looked at SET O form and it seems to be asking too much information about main applicant of tier 1 general ..do I need to provide all that information or I can skip all that?

This form is so confusing...if only dependant is going to apply for ILR.

Thanks for the help.

Re: Need Help with SET(O) for wife's ILR

Posted: Thu Feb 08, 2018 11:08 pm
by vinny
mxgee wrote:
Thu Feb 08, 2018 10:46 pm
This is what I thought but on gov.uk if you go on the following link:
https://www.gov.uk/settle-in-the-uk
And Click on Start now to check what form applicant requires to apply for ILR there are questions such as`:
Did your family member or partner settle before they become a British citizen?
Answer: Yes
How did they settle?
Answer: On a work visa
What type of work visa did they settle with? (Answer has two options: A tier 1, Tier2 or tier 5 visa/Any other visa
Answer: A tier 1, Tier2 or tier 5 visas
Then on next page gov.uk tell me that my wife needs fill SET (O).
Apply to settle in the UK wrote:If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead.
SET(M) is correct as wife's initial and current leave were after you settled. They were under Appendix FM.