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Hi,

My wife is on tier 2 dependent visa and I have now gotten my ILR. She has now qualified for ILR as well. The confusion is which form do we use for her application, Set(O) or Set(M)?

Since I have already settled does it mean we have to use Set(M) for her or she will still have to go through Set(0) as that was the original route of settlement for us?

Appreciate some guidance here.

Thank you.

You willl have to use Set (O). Set(M) is for;

• Family life as a partner (2 year route - you were last granted limited leave of 27 or
  24 months under Part 8 of the Immigration Rules and have completed at least 24
  months with such leave)

• Family life as a partner (5 year route - you were last granted 30 months limited
  leave as a partner under Appendix FM and have completed at least 60 months
  with such leave)

• Family life as a parent (5 year route - you were last granted 30 months limited
  leave as a parent under Appendix FM and have completed at least 60 months
  with such leave)

None of these apply to your wife's case as she was Tier 2 dependent.

Thanks Waseem. Appreciate the reply and clarity.

It's the statement "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." threw me off.

onlyfarhan wrote: ↑

Sun Jun 10, 2018 11:17 am

Thanks Waseem. Appreciate the reply and clarity.

It's the statement "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." threw me off.

If she got the first visa after you got ILR as spouse settlement visa only then is Set(M) applicable. This is not relevant to your circumstances as she holds a PBS Dependent visa.