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Hi All,

I am currently a PBS dependent BRP and have been in the Uk for 5 years now. My husband was on a tier 2 general work visa at the time when I first came to the UK but he has got his ILR and subsequently citizenship since then. I am planning to apply for ILR now but am confused about which application form I should use.

There are two options on the home office website that seems to both suit my case:
1. PBS dependent ( as thats what is stated on my BRP)
2. Partner of someone who has settled in the UK

The timeline of my case is as follow:
30-Dec-2013 : My husband's tier 2 general work visa granted
20-Oct-2014 : My dependent visa granted
16-Dec-2018 : My husband's ILR granted
08-Jan-2019 : My dependent visa extended (my husband has got his ILR already at that time, but my BRP still says PBS dependant)
01-Mar-2020: My husband's citizenship application approved

I have looked through the discussion on few different posts here and it seems to suggest that I should apply as Case 1 above (PBS dependent) instead of Case 2 (Partner of someone who has settled in the UK).
However, when I started filling in the ILR application form on the gov website, they only allow me to select myself as dependent to a work visa holder (Tier 1, tier 2..). There is no option for me to select myself as a dependent to someone who is settled/naturalised.
This makes me worried that I might have used a wrong application form.
Could someone who has knowledge or experience on this matter that can shed some light on this please?

Thank you for your help in advance

There are two options on the home office website that seems to both suit my case:
1. PBS dependent ( as thats what is stated on my BRP)
2. Partner of someone who has settled in the UK

You can ONLY apply as a PBS Dependent Option 1. The other option, is for someone who has been in the UK for 5 years on a spouse settlement visa.

I have looked through the discussion on few different posts here and it seems to suggest that I should apply as Case 1 above (PBS dependent) instead of Case 2 (Partner of someone who has settled in the UK).

You don't qualify to apply on Case 2 basis as you don't hold a qualifying visa for that route to ILR.

However, when I started filling in the ILR application form on the gov website, they only allow me to select myself as dependent to a work visa holder (Tier 1, tier 2..). There is no option for me to select myself as a dependent to someone who is settled/naturalised.
This makes me worried that I might have used a wrong application form.

You need to complete your husbands Tier 2 details in the SET(O) form for your ILR. You are applying based on that not on the basis that he is now British!

HI CR001,

Thank you for your reply.
Is it correct that if I am applying under the Set(o) form, there won't be a financial requirement on my income/my husband's income? (unlike the Set(m) form which requires it?)

kkmo7 wrote: ↑

Fri Jun 12, 2020 10:41 pm

HI CR001,

Thank you for your reply.
Is it correct that if I am applying under the Set(o) form, there won't be a financial requirement on my income/my husband's income? (unlike the Set(m) form which requires it?)

Correct