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I came to UK as a Tier 1 visa holder, got married when I was on ILR. A year later I became British Citizen

I am planning to apply for the ILR for my wife. Is SET(O) or SET(M) right form to use. The website is bit confusing.


When the choose the following answers the home office directs me to the SET(O) application.

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


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

        3. How did they settle?	
        On a work visa	

        4. What type of work visa did they settle with?
        A tier 1, tier 2 or tier 5 visa

However when I progress to the next page, it gives the following warning.


If you are the spouse or partner of someone who is settled and currently living in the UK and you have completed the relevant period of continuous leave in the UK using the 'Family Route', you cannot use this form. You must instead apply using the form Apply to settle in the UK - Partner of a person or parent of a child already settled in the UK.


Clicking on the link takes me to SET(M) application.

Quite confused, which one should I use SET(M) or SET(O)?

If your wife started off on or switched to a spouse visa it will be SET(M).

Your spouse can only apply for ILR on form SET(M) because she got her visa AFTER you received ILR.

SET(O) form is ONLY for those on a Points Based System dependent visa.

That makes sense, but then why does the questionnaire on the home office website lead to SET(O) application? Is my answer to any of the questions above incorrect?

This is the link to home office questionnaire.

https://www.gov.uk/settle-in-the-uk/y

What visa your wife currently holds?
What visa she applied for initially to come to UK?

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.

Did she switch in the UK to be your PBS dependant?

CULLINAN wrote: ↑

Sat Sep 19, 2020 2:11 pm

What visa your wife currently holds?
What visa she applied for initially to come to UK?

She came on a marriage visa when I was on ILR, converted to a spouse visa after marriage. I got citizenship about a year later

SET(M) as CR001 already mentioned.

Does it matter if I fill in the ILR application before the day I qualify for ILR, but submit and pay the fee only after the date on which I meet the qualification period for applying for ILR?

No, don't worry. You are just filling the form. Once you submit the application and make the payment. Then that's your actual application date. All (date and time of application) will be in the first page of your online application form (PDF)

How are the documents submitted? Do I scan and upload them or do I have to mail the documents to home office at the end of the ILR application?

​

I understand for some of the visa applications documents are uploaded. I was wondering if this is the same for ILR applications.

Scanned and uploaded.

Uploaded on the UKVCAS system after you submit your application

Normally you can submit the ILR application 28 days before the 5 year anniversary of your visa. Even if you submit it earlier, lets say 2 months earlier, it would be well past 5 year anniversary before which home office would review the application. Would they reject the application because it was submitted before the eligibility date?

Yes. The date of application is what counts, doesn't matter how long it takes to process application.

bruteforce wrote: ↑

Tue Oct 13, 2020 12:48 pm

Yes. The date of application is what counts, doesn't matter how long it takes to process application.

The OP wants to know if one can submit an application before one qualifies.

Op's question was "would they reject the application". The answer given is YES

bruteforce wrote: ↑

Tue Oct 13, 2020 1:35 pm

Op's question was "would they reject the application". The answer given is YES

Not necessarily. If the decision is made on the date OP actually qualifies then NO (even if an application is made before time). But obviously its not advisable but it is possible.

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

https://assets.publishing.service.gov.u ... gov-uk.pdf

Thats incorrect IMO. Unless there are some changes in rules which I am not aware of.

bruteforce wrote: ↑

Tue Oct 13, 2020 1:38 pm

Thats incorrect IMO. Unless there are some changes in rules which I am not aware of.

Well check the guidance.

bruteforce wrote: ↑

Tue Oct 13, 2020 1:38 pm

Thats incorrect IMO. Unless there are some changes in rules which I am not aware of.

You are incorrect and causing confusion. The rules have not changed at all The date of the decision will be used if it favours the applicant. This is supported as per Section 3C

Thanks. I think I will wait till the qualification date before submitting.

1. Can one use online bank and utility statements or does it need to be scanned copies of mailed statements.

2. How many sources should the mail be from. Can multiple statements from one utility and bank covering the period suffice?

3. Is 2.5 years before application the right period to supply the documents for if applying a partner of UK citizen ( 5 year route)

How long does one have to upload the documents online after submitting the ILR (partner) application?

Can one keep uploading new documents or should all documents be uploaded by certain date ( 24 hours / 7 days etc) after submitting the application?