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Hello

I am a British citizen and we are going to apply ILR for my wife. We got confused on which application form to use.

We got married in August 2012. I was granted naturalisation in November 2012. Prior to my naturalisation, I got my ILR in August 2011 and before that my last limited leave-to-remain was on Tier 1 (General).

We got my wife's first leave-to-enter issued on 08 January 2013 and she entered the UK on 27 January 2013. This means her first visa was issued after I settled in the UK.

We got her visa extension in September 2015 using the FLR(M) form and her current permit is valid until April 2018.

We were thinking we should use the SET(M) form until we read the following in the guidance notes:

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

In the Home Office's settlement webpage it then says:

Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.
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.

When I click on the link taking me the page referred as "instead" in the quoted section above, it says:

Download and complete application form SET(M) if you’re eligible to apply on the 2-year route.

If you’re a partner on the 5- or 10-year route, the earliest date you’ll become eligible to apply for settlement is June 2017. Check if you can extend your permission instead.

It does not say if you are on 5-year route, you can fill in SET(M). It's really confusing, isn't it?

So, should we use SET(M) or SET(O)?

Kind Regards

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.

Thanks vinny. But in the linked questionnaire, it seems you chose "Some other way" as your answer to the 2nd question. I was on Tier 1 when I settled, shouldn't I choose "On a work visa" instead?

It was just their link to SET(M).

SET(M) is correct as it follows from spouse visa and FLR(M).