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SET (o) or SET (M) for spouse of British citizen who had 5 years company work permit before getting British Citizenship

Posted: Tue Mar 05, 2019 9:32 am
by 786stranger
Dear Seniors,

My wife visa is expiring in a week as she could not manage life in uk test .Now we have sorted eveything but it is confusing about which form to fill in .

I was having five year company work permit .I got my ILR and British citizenship. So my wife is due for ILR which form she should be using FL(O) or FL (M).

It is very confusing on home office site and its is last mintue for us .Your urgent help is requested.

Thanks,

Re: SET (o) or SET (M) for spouse of British citizen who had 5 years company work permit before getting British Citizens

Posted: Tue Mar 05, 2019 9:55 am
by 786stranger
Home office guidance says :

SET M:
Use this form to apply online if you are already in the UK as the partner of a person, or parent of a child, who is settled here and you want to apply for settlement and a biometric residence permit.


SET O :

As per home office calculator:

What's your situation?
You're the family member or partner of a British citizen

Did your family member or partner settle before they became a British citizen?
Yes

How did they settle?
On a work visa

What type of work visa did they settle with?
Any other work visa

You can apply as the partner or child of a work visa-holder who has settled in the UK
You may be eligible for settlement (‘indefinite leave to remain’) as the partner or child of a person who’s already settled in the UK and they settled because the last permission they held was:
UK Ancestry
Work Permit
Highly Skilled Migrant Programme


Is this mean SET (O) is the form I should apply for my wife ILR? thanks

Re: SET (o) or SET (M) for spouse of British citizen who had 5 years company work permit before getting British Citizens

Posted: Tue Mar 05, 2019 10:12 am
by 786stranger
To add to my confusions , see the text in SET O after the above calculator:

Eligibility:
You must be living in the UK when you apply. Your current visa must be as a dependant on your partner’s work 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.

With British passport holder who have previously work permit, should it be FL (M) !!!

Re: SET (o) or SET (M) for spouse of British citizen who had 5 years company work permit before getting British Citizens

Posted: Tue Mar 05, 2019 10:16 am
by physicskate
Is your partner CURRENTLY a PBS dependent or on a spouse visa?

What is HER visa history?

Re: SET (o) or SET (M) for spouse of British citizen who had 5 years company work permit before getting British Citizens

Posted: Tue Mar 05, 2019 10:18 am
by CR001
Is she applying for ILR or a visa extension. Your post isn't very clear as FLR(O) and FLR(M) are visa EXTENSION forms and not ILR.
My wife visa is expiring in a week as she could not manage life in uk test .Now we have sorted eveything but it is confusing about which form to fill in .

I was having five year company work permit .I got my ILR and British citizenship. So my wife is due for ILR which form she should be using FL(O) or FL (M).
If she holds a PBS Dependent visa for 5 years, she applies for ILR on form SET(O) and NOT form SET(M).

Re: SET (o) or SET (M) for spouse of British citizen who had 5 years company work permit before getting British Citizens

Posted: Tue Mar 05, 2019 10:23 am
by 786stranger
Her first three visa was from Morocco and It was spouse visa as spouse of work permit holder (old 5 year work permit scheme).


I became British citizen in mean time and then she got 2 years extension as partner of British citizen.

Now ILR is due for based on 5 years staying as partner so we are applying for her ILR .

Note: I was British citizen when her current 2 years visa was extended.

I guess I was never on PBS scheme. It was old 5 years company work permit scheme and I did not change my employer.

Re: SET (o) or SET (M) for spouse of British citizen who had 5 years company work permit before getting British Citizens

Posted: Tue Mar 05, 2019 10:26 am
by physicskate
So she submitted an FLR(M) application two years ago? Is it valid for two and a half years?

Edit: So you were granted entry clearance in 2012? In that case, how were you on the old work permit? They were brought in before 2012 (I know this because I was on a Tier 2 in 2011...). BTW, I don't think this is relevant to your wife's situation....

Re: SET (o) or SET (M) for spouse of British citizen who had 5 years company work permit before getting British Citizens

Posted: Tue Mar 05, 2019 10:28 am
by CR001
I became British citizen in mean time and then she got 2 years extension as partner of British citizen.
Can you please post the dates of the applications she made and the form used? A 2 year visa suggests it was an application made BEFORE 9th July 2012. Or do you mean a '2.5 year visa'.

If she applied for FLR(M) after 9th July 2012, she needs 5 years residence on FLR(M) before she can apply for ILR. Time spent on her work permit dependent visa does not count. Again, exact dates are useful, especially if she has been in the UK for almost 10 years for example.

If she switched to FLR(M) at some point, it is important to state when as that will depend whether she is on the pre July 2012 rules or the post July 2012 rules, which have different requirements.

Re: SET (o) or SET (M) for spouse of British citizen who had 5 years company work permit before getting British Citizens

Posted: Tue Mar 05, 2019 10:46 am
by vinny
786stranger wrote:
Tue Mar 05, 2019 10:23 am
Her first three visa was from Morocco and It was spouse visa as spouse of work permit holder (old 5 year work permit scheme).


I became British citizen in mean time and then she got 2 years extension as partner of British citizen.

Now ILR is due for based on 5 years staying as partner so we are applying for her ILR .

Note: I was British citizen when her current 2 years visa was extended.

I guess I was never on PBS scheme. It was old 5 years company work permit scheme and I did not change my employer.
SET(O). She could have applied for ILR at any time after your ILR!

Re: SET (o) or SET (M) for spouse of British citizen who had 5 years company work permit before getting British Citizens

Posted: Tue Mar 05, 2019 4:33 pm
by 786stranger
CR001 wrote:
Tue Mar 05, 2019 10:28 am
I became British citizen in mean time and then she got 2 years extension as partner of British citizen.
Can you please post the dates of the applications she made and the form used? A 2 year visa suggests it was an application made BEFORE 9th July 2012. Or do you mean a '2.5 year visa'.

If she applied for FLR(M) after 9th July 2012, she needs 5 years residence on FLR(M) before she can apply for ILR. Time spent on her work permit dependent visa does not count. Again, exact dates are useful, especially if she has been in the UK for almost 10 years for example.

If she switched to FLR(M) at some point, it is important to state when as that will depend whether she is on the pre July 2012 rules or the post July 2012 rules, which have different requirements.
Apology let me correct my time lines :

My five year work permit : 2008 to 2013

ILR data : March 2013

Ist wife spouse visa:
-Start data :Sep 2013
( I was having ILR at that time. Sorry the confusion above).
-End data :Sep 2016
-Visa Spouse/CP -Spouse
- Total duration : 3 years

2nd spouse visa/extension :
-Start data :Sep 2016
( I was having british passport at this time)
-End data : March 2019
-Spouse/Partner leave to remain
- Total duration : 2.5 years
- I was British citizen when she got extension.

please guide me following questions:

1. Is she eligible for ILR
2. What form to use based on above situation. Home office site is very confusing.
3.Any chance we can get 24 hours decision appointment as her visa expiry data is very near.

Thanks once again

Re: SET (o) or SET (M) for spouse of British citizen who had 5 years company work permit before getting British Citizens

Posted: Tue Mar 05, 2019 4:51 pm
by physicskate
As your spouse was always on a spouse route (and not a PBS dependent route) she is eligible after 5 years - 28 days in the UK. She should apply using SET(M). It is odd that her entry clearance was granted for three years though... hmm. It appears she has been eligible since September/August 2018?

Re: SET (o) or SET (M) for spouse of British citizen who had 5 years company work permit before getting British Citizens

Posted: Tue Mar 05, 2019 11:24 pm
by vinny
I think that she may have a choice of either SET(O) under 196E due to you having been a non-PBS work permit holder directly prior to your ILR, or SET(M) under Appendix FM, due to her having applied under that route. With the former, there was no requirement for a qualifying period of 5 years, etc.

Re: SET (o) or SET (M) for spouse of British citizen who had 5 years company work permit before getting British Citizens

Posted: Fri Mar 08, 2019 2:03 am
by 786stranger
786stranger wrote:
Tue Mar 05, 2019 4:33 pm
CR001 wrote:
Tue Mar 05, 2019 10:28 am
I became British citizen in mean time and then she got 2 years extension as partner of British citizen.
Can you please post the dates of the applications she made and the form used? A 2 year visa suggests it was an application made BEFORE 9th July 2012. Or do you mean a '2.5 year visa'.

If she applied for FLR(M) after 9th July 2012, she needs 5 years residence on FLR(M) before she can apply for ILR. Time spent on her work permit dependent visa does not count. Again, exact dates are useful, especially if she has been in the UK for almost 10 years for example.

If she switched to FLR(M) at some point, it is important to state when as that will depend whether she is on the pre July 2012 rules or the post July 2012 rules, which have different requirements.
Apology let me correct my time lines :

My five year work permit : 2008 to 2013

ILR data : March 2013

Ist wife spouse visa:
-Start data :Sep 2013
( I was having ILR at that time. Sorry the confusion above).
-End data :Sep 2016
-Visa Spouse/CP -Spouse
- Total duration : 3 years

2nd spouse visa/extension :
-Start data :Sep 2016
( I was having british passport at this time)
-End data : March 2019
-Spouse/Partner leave to remain
- Total duration : 2.5 years
- I was British citizen when she got extension.

please guide me following questions:

1. Is she eligible for ILR
2. What form to use based on above situation. Home office site is very confusing.
3.Any chance we can get 24 hours decision appointment as her visa expiry data is very near.

Thanks once again
Cr001 please advise...

Re: SET (o) or SET (M) for spouse of British citizen who had 5 years company work permit before getting British Citizens

Posted: Fri Mar 08, 2019 2:04 am
by 786stranger
786stranger wrote:
Tue Mar 05, 2019 4:33 pm
CR001 wrote:
Tue Mar 05, 2019 10:28 am
I became British citizen in mean time and then she got 2 years extension as partner of British citizen.
Can you please post the dates of the applications she made and the form used? A 2 year visa suggests it was an application made BEFORE 9th July 2012. Or do you mean a '2.5 year visa'.

If she applied for FLR(M) after 9th July 2012, she needs 5 years residence on FLR(M) before she can apply for ILR. Time spent on her work permit dependent visa does not count. Again, exact dates are useful, especially if she has been in the UK for almost 10 years for example.

If she switched to FLR(M) at some point, it is important to state when as that will depend whether she is on the pre July 2012 rules or the post July 2012 rules, which have different requirements.
Apology let me correct my time lines :

My five year work permit : 2008 to 2013

ILR data : March 2013

Ist wife spouse visa:
-Start data :Sep 2013
( I was having ILR at that time. Sorry the confusion above).
-End data :Sep 2016
-Visa Spouse/CP -Spouse
- Total duration : 3 years

2nd spouse visa/extension :
-Start data :Sep 2016
( I was having british passport at this time)
-End data : March 2019
-Spouse/Partner leave to remain
- Total duration : 2.5 years
- I was British citizen when she got extension.

please guide me following questions:

1. Is she eligible for ILR
2. What form to use based on above situation. Home office site is very confusing.
3.Any chance we can get 24 hours decision appointment as her visa expiry data is very near.

Thanks once again
Cr001 please advise...

Re: SET (o) or SET (M) for spouse of British citizen who had 5 years company work permit before getting British Citizens

Posted: Fri Mar 08, 2019 6:42 am
by CR001
vinny wrote:
Tue Mar 05, 2019 11:24 pm
I think that she may have a choice of either SET(O) under 196E due to you having been a non-PBS work permit holder directly prior to your ILR, or SET(M) under Appendix FM, due to her having applied under that route. With the former, there was no requirement for a qualifying period of 5 years, etc.
Please click on the blue links vinny has provided.

V URGENT HELP-Visa expiring on 13march (next week) with no english test

Posted: Sat Mar 09, 2019 7:49 pm
by 786stranger
Dear all,
We are in a bit mess
.
Visa expiring next week on coming Wednessday and I found out that IELTS general (and i do have acadamic one ) is not in approved list any more !!! The center is approved and this IELTS was used in last immigration applications .

"Applying to settle in the UK
You can use a B1 level qualification that’s run out if both of the following are true:
it’s on the current list of recognised tests
it was accepted for another UK immigration application, for example when you got permission to enter"


What a panic at last mintue!!

I called Trinity college they say certificate takes 7 days and there is not way i can get it sooner.However they can provide the provisional which home office will refuse I guess ?

The option I have only is to apply via post and send the package on the date one day before expiry of my visa (13 March 2019), I can attached a provisional letter of the test which I will take on Tuesday and fill the correct SELECT reference number and then I also tell that certificate did not arrive.


Is this solve the problems? I will request visa officer that certificate will be send next in post again or something?

Re: V URGENT HELP-Visa expiring on 13march (next week) with no english test

Posted: Sat Mar 09, 2019 9:02 pm
by CULLINAN
786stranger wrote:
Sat Mar 09, 2019 7:49 pm
Dear all,
We are in a bit mess
.
Visa expiring next week on coming Wednessday and I found out that IELTS general (and i do have acadamic one ) is not in approved list any more !!! The center is approved and this IELTS was used in last immigration applications .

"Applying to settle in the UK
You can use a B1 level qualification that’s run out if both of the following are true:
it’s on the current list of recognised tests
it was accepted for another UK immigration application, for example when you got permission to enter"


What a panic at last mintue!!

I called Trinity college they say certificate takes 7 days and there is not way i can get it sooner.However they can provide the provisional which home office will refuse I guess ?

The option I have only is to apply via post and send the package on the date one day before expiry of my visa (13 March 2019), I can attached a provisional letter of the test which I will take on Tuesday and fill the correct SELECT reference number and then I also tell that certificate did not arrive.


Is this solve the problems? I will request visa officer that certificate will be send next in post again or something?
Are you using new or existing service?

Re: V URGENT HELP-Visa expiring on 13march (next week) with no english test

Posted: Sun Mar 10, 2019 12:05 am
by 786stranger
i m using new system though I am not sure which system will help.

Re: V URGENT HELP-Visa expiring on 13march (next week) with no english test

Posted: Sun Mar 10, 2019 12:54 am
by CULLINAN
786stranger wrote:
Sun Mar 10, 2019 12:05 am
i m using new system though I am not sure which system will help.
If you use the new system its better. You get 2 months to book biometric appointment and your visa will only be processed after you provide your biometrics and verify your documents at the UKVCAS centre. The date of application is the online application submission date. You should apply intime (before expiry) and then take the english test asap before the date of biometrics appointment. Write a cover letter and upload the certificate with your documents. You should be okay.

Letter for biometrics but sopra appointment next week

Posted: Wed Mar 27, 2019 9:33 pm
by 786stranger
Hi all

I received an email from homeoffice that I have not submitted my BRP at post office within 15 working days.

I am confuse. I applied for my mrs ilr and booked appointment in Croydon next week.My understanding is that they will take my BRP at that appointment ? so why i got this email to tell me to go to post office.
What will happen at Croydon appointment .I thought it was for BRP ?

Thanks

Re: Letter for biometrics but sopra appointment next week

Posted: Wed Mar 27, 2019 10:37 pm
by CR001
1. Please keep your questions on the same application in one topic.

2. Please refrain from digging up 3 year old topics and tagging on. Your post has been split and merged with your existing topic.

3. It is an auto generated generic email. Ignore it.