SET(M) - possible or not?

[adalimina]

Hi!

I am now on a Dependent of a Tier 2 migrant visa (exp. 29 March 2019). My partner got settlement following the Tier 2, and now I'm trying to see if I can settle with him as well. I lived in the UK for 5 years since Feb 2014 (student visa and 2,5 years on the dependent visa). Which category should I apply? They removed any and all guidance they previously had as PDFs, so I'm completely lost.

Initially I applied for SET(O) as a dependent of a person settled in the UK (Tier 2 route), but was rejected, because the '5 years living together' requirement apparently needed to be done entirely on my dependent visa, not on a combo of visas, as I thought.

I went through the questionnaire on the gov.uk website to find a suitable visa category, and was redirected to the SET(M) application form. I thought I would qualify for the 2-year route, filled everything in, paid for the application. I decided to do some final checks before booking my biometrics appointment, and saw the 5 year rule again.
I phoned up the number on the gov.uk website, they couldn't tell me much, but said that the 2-year route SET(M) is no longer available (why is it an option then?).

I'm utterly confused at this point. Because to me, SET(M) looks like the same thing as a dependent of a SET(O), for which I was already refused. I can apply for a FLR(M) as a dependent of a settled person, but that means I lose the money I paid for the SET(M), since they don't do refunds if you apply from the UK (really?).

This forum is my last resort, and if you can provide any kind of advice, I would greatly appreciate it! Thank you!

[CR001]

You don't qualify for ILR on form SET(M) as you do NOT hold a spouse settlement visa but a Tier 2 Dependent visa.

Note also that Tier 4 visas do not qualify for ILR anymore unless applying for ILR based on 10 years long residence.

You need 5 years residence on your Tier 2 Dependent visa (PBS Dependent) before you can apply for ILR on form SET(O).

but said that the 2-year route SET(M) is no longer available (why is it an option then?).

It is still available as some visa holders who applied for spouse settlement visas BEFORE 9th July 2012 qualify under the 2 year route which has no financial requirement. Since July 2012, there is ONLY a 5 year route to ILR for all dependent visa categories.

If you apply on FLR(M), it resets your 5 years qualifying period for ILR to zero. You also need to meet the English and financial requirements.

You should extend your tier 2 dependent visa if you meet the maintenance requirements.

[adalimina]

If you apply on FLR(M), it resets your 5 years qualifying period for ILR to zero.

Oh, right. Thanks for the heads up on this!
Quick question then, sorry it's a bit off the ILR topic. When applying for FLR(m) the form has several options. Would this be the correct one for an extension?

Thank you so much for your help!

[CR001]

Why are you looking at flr m and not pbs dependent visa extension?

[adalimina]

Why are you looking at flr m and not pbs dependent visa extension?

When I looked at the available options on the gov.uk website under their 'visas and immigration' chapter, the 'Family visas: apply, extend or switch' was the only one that made sense for my case. I didn't even see the PBS dependant as an option on there, hence the FLR(m).

Can I still extend my current dependant of a Tier 2 visa under the PBS dependant category, even if my partner changed status to settled since then?

[CR001]

Can I still extend my current dependant of a Tier 2 visa under the PBS dependant category, even if my partner changed status to settled since then?

Yes.

immigration-for-family-members/dependan ... 14832.html

[adalimina]

You need 5 years residence on your Tier 2 Dependent visa (PBS Dependent) before you can apply for ILR on form SET(O).

Could you please elaborate on that? When I was checking my eligibility to settle in the UK, this is the only guidance that was available for SET(O) settlement:
https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

In the eligibility for partners section, they say that my current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa (check). And, separately, that I must also have been living with my partner in the UK for at least: 5 years if you applied for your current visa on or after 9 July 2012 (which is also true).

I haven't found anywhere where they would mention that the 5 years have to be on the dependant visa.

Also, in the PBS Dependant guidance, paragraph 8.a, it basically states the same.
https://assets.publishing.service.gov.u ... 1-2019.pdf

I did get a refusal when I applied for the SET(O) visa on the 5th of March 2019, but based on the guidances available online, I'm wondering if that decision can be appealed.

And if that's the case, what would be the best way to deal with the situation, considering that my visa expires in a week?

Thanks!

[CR001]

There are no appeal rights for PBS route visa holders. That aside, the refusal was correct as you had not held a dependent visa for 5 years.

You cannot combine tier 4 time with pbs dependent time to make up 5 years. Tier 4 does not lead to ILR. Had you been a tier 4 dependent visa holder, it would have likely counted.

You need to hold a qualifying visa for 5 years to apply for ILR as a PBS dependent. See links 319 and 319E if the immigration rules in the link below. The immigration n rules trump any guidance notes.

immigration-for-family-members/dependan ... 14832.html