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Set (O) or Set (M) for partner ILR

Posted: Thu Jan 17, 2019 7:18 am
by dksr
Hi,
I am applying for my partner ILR and I am confused which form I should use. The online webpage instructions are confusing. When I was checking the eligibility of my partner, I get this:

1) What's your situation?
You're the family member or partner of someone who has settled in the UK
2) How did they settle?
On a work visa
3) What type of work visa did they settle with?
A tier 1, tier 2 or tier 5 visa

For this I have to use Set (O). But in the webpage this caught my attention:

Eligibility for partners
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.

I got my ILR on 29/11/2017 and my wife's current visa started from 29/03/2018.

If I press on that, it takes me to Set(M) but the conditions on that webpage change to the following:

1) What's your situation?
You're the family member or partner of someone who has settled in the UK
2) How did they settle?
Some other way
3) What's your relationship to that person?
Partner
4) What situation are you and your partner in?
You're still with your partner

For me 2) is not correct as I got my settlement through work visa, not 10 years long stay etc (I think this i what "some other way" meant).

So which form should I use?

Regards,
Krishna

Re: Set (O) or Set (M) for partner ILR

Posted: Thu Jan 17, 2019 7:23 am
by CR001
If your partner holds a PBS dependent visa, they can ONLY apply for ILR on form SET O.
current visa started from 29/03/2018.
Presumably your partner did NOT switch to FLR M spouse visa after you got ILR??

And presumably you got ILR from obs route 5 years residence??

Re: Set (O) or Set (M) for partner ILR

Posted: Thu Jan 17, 2019 12:18 pm
by dksr
Thanks for the reply. She has PBS dependent visa and I got ILR through 5 years residence (Tier 2 General). So it looks like it is Set (O).

- Krishna