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ILR for Tier 2 dependant – Which Form to Use: Set (O) or Set (M)
Posted: Tue Jul 15, 2025 5:53 pm
by Chanti1211
Hi all,
I’ve searched the forum but couldn’t find a clear answer, so posting here for guidance.
I’m looking to apply for ILR for my wife and I’m unsure whether to use Form Set (O) or Set (M).
Here’s our situation:
- My wife joined me in the UK as a Tier 2 (General) Dependant in November 2018.
- I was originally on a Tier 2 General visa, and she always applied as my PBS Dependant.
- I switched to ILR (December 2018), then Naturalised (December 2019) and am now a British citizen.
- However, my wife remained on the PBS Dependant route and is now eligible for ILR based on her 5-year qualifying period.
- Her first BRP card was valid for 1 year (aligned with my Tier 2 expiry date), so I applied for 2 extensions for her under the Tier 2 Dependant route (in August 2019 and August 2022), even though I had already obtained ILR, naturalisation, and British citizenship.
One confusing thing:
Her latest BRP now says: "Type of Permit: Dependant Partner – Leave to Remain" instead of the previous "PBS Dependant – Leave to Remain".
Has the route been reclassified? Does this affect her 5-year eligibility for ILR? If it doesn't, could someone please advise:
- Should we use Form Set (O) or Set (M) for her ILR?
- Does the change in BRP wording affect her status or eligibility in any way?
Many thanks in advance!
Re: ILR for Tier 2 dependant – Which Form to Use: Set (O) or Set (M)
Posted: Tue Jul 15, 2025 6:24 pm
by CR001
It's form SET O.
PBS phrase has not be relevant for a few years now. It is skilled worker dependent, not PBS dependent.
Re: ILR for Tier 2 dependant – Which Form to Use: Set (O) or Set (M)
Posted: Tue Jul 15, 2025 6:51 pm
by Chanti1211
CR001 wrote: ↑Tue Jul 15, 2025 6:24 pm
It's form SET O.
PBS phrase has not be relevant for a few years now. It is skilled worker dependent, not PBS dependent.
Many thanks, as always, for your swift response
Re: ILR for Tier 2 dependant – Which Form to Use: Set (O) or Set (M)
Posted: Tue Jul 15, 2025 7:16 pm
by zimba
ILR Eligibility Query – Extended Absence from the UK Due to Exceptional Circumstances
Posted: Thu Jul 17, 2025 6:04 pm
by Chanti1211
Hello CR001, Zimba
I need your advice regarding my wife’s eligibility for Indefinite Leave to Remain (ILR), particularly in light of an extended absence from the UK due to exceptional circumstances.
My wife joined me in the UK in November 2018 as a Tier 2 (General) Dependant, while I was on a Tier 2 General visa. Since then, she has remained continuously on the PBS Dependant route and her total stay in the UK now totals to approximately 6 years and 7 months. I was granted ILR in December 2018 and later naturalised as a British citizen in December 2019.
However, she was absent from the UK between June 2020 and July 2022 (around 2 years and 1 month), and I would appreciate your advice on how this may impact her eligibility and whether a discretionary application may be appropriate under the circumstances.
Context Behind Her Absence:
- She was pregnant during the COVID-19 pandemic and due to international travel restrictions, no flights were available to return to the UK.
- Following the birth of our daughter in India, doctors strongly advised against international travel due to the high risk of COVID-19, especially during the postnatal period and with a newborn.
- When our daughter turned six months old, we applied for British citizenship for her from India (as I am a British citizen). The application process and passport issuance took approximately 9 months.
- From June 2021, my wife began working for a UK-based company on a client site and paid UK taxes throughout her time in india.
Re: ILR Eligibility Query – Extended Absence from the UK Due to Exceptional Circumstances
Posted: Fri Jul 18, 2025 2:40 am
by zimba
Please provide her visa application dates since 2018. When it was applied, when they were granted and their respective expiry dates.
Re: ILR Eligibility Query – Extended Absence from the UK Due to Exceptional Circumstances
Posted: Fri Jul 18, 2025 7:18 am
by Chanti1211
zimba wrote: ↑Fri Jul 18, 2025 2:40 am
Please provide her visa application dates since 2018. When it was applied, when they were granted and their respective expiry dates.
Hi Zimba,
Here are the details as requested. Please let me know if you require any further info.
Initial Tier 2 Dependant Visa
- Application submitted: 6th Sep 2018 (Date of planned arrival in the UK (In Visa application): 16th Nov 2018)
- Vignette visa validity: 4th Nov 2018 to 4th Dec 2018
- First entry into the UK: 25th Nov 2018
- BRP Validity: 22nd Oct 2018 to 2nd Sep 2019 (aligned with my Tier 2 visa expiry)
First Extension
- Application submitted: 19th Aug 2019
- BRP validity: 25th Aug 2019 to 25th Aug 2022
Second Extension
- Application submitted: 21st Jul 2022
- BRP validity: 18th Oct 2022 to 31st Dec 2024
- E-visa valid until: 17th Oct 2025
Re: ILR Eligibility Query – Extended Absence from the UK Due to Exceptional Circumstances
Posted: Fri Jul 18, 2025 9:42 am
by zimba
I am afraid the absences are way too long. Two years of absences is difficult to justify, even assuming the COVID. Any discretion is up to the UKVI and my view is that it is very unlikely that it will be exercised in her favour
Re: ILR Eligibility Query – Extended Absence from the UK Due to Exceptional Circumstances
Posted: Fri Jul 18, 2025 11:05 am
by Chanti1211
zimba wrote: ↑Fri Jul 18, 2025 9:42 am
I am afraid the absences are way too long. Two years of absences is difficult to justify, even assuming the COVID. Any discretion is up to the UKVI and my view is that it is very unlikely that it will be exercised in her favour
Thank you for your response. Much appreciated.
As my wife returned to the UK in July 2022, if the continuous residence clock has indeed been reset due to her extended absence, then the new 5 year qualifying period would run until July 2027.
Given that, would you advise applying for a 2 year extension instead of a 3 year visa? The IHS fee is quite high and a 2 year visa would still cover her until around October 2027, which should be sufficient for her ILR application.
Re: ILR Eligibility Query – Extended Absence from the UK Due to Exceptional Circumstances
Posted: Fri Jul 18, 2025 11:11 am
by CR001
An extension of a Skilled Worker dependent visa is for 3 years, as stated in the immigration rules.
You cannot choose to pay for less visa validity.
Re: ILR Eligibility Query – Extended Absence from the UK Due to Exceptional Circumstances
Posted: Fri Jul 18, 2025 11:36 am
by Chanti1211
CR001 wrote: ↑Fri Jul 18, 2025 11:11 am
An extension of a Skilled Worker dependent visa is for 3 years, as stated in the immigration rules.
You cannot choose to pay for less visa validity.
Thank you for clarifying that the Skilled Worker Dependant visa extension is typically granted for 3 years.
Just a quick follow-up:
- Is the IHS fee automatically calculated for the full 3 years or is there any option to request/adjust for a shorter duration (e.g., 2 years) during the application process?
- Lastly, regarding Life in the UK and GESE B1 English tests — I’ve read that they don’t expire, but just wanted to double-check
Thanks again for your support!
Re: ILR Eligibility Query – Extended Absence from the UK Due to Exceptional Circumstances
Posted: Fri Jul 18, 2025 11:39 am
by CR001
1. IHS is calculated for visa duration. You cannot choose to pay less, if you do, it will delay the application and you will be asked to pay the rest.
2. There is only one skilled dependent visa form yes.
3. B1 English is usually valid for 2 years. Liuk doesn't expire.
Re: ILR Eligibility Query – Extended Absence from the UK Due to Exceptional Circumstances
Posted: Fri Jul 18, 2025 7:30 pm
by zimba
Also note that the qualifying period for ILR is counted backwards. So she can include up to 6 months in the beginning of the 5 year period and still qualify for ILR
Read:
Applicants can benefit from the date of the ILR decision