ILR for spouse applying separately

[huz912]

Hi All,

I have been granted my ILR back in Nov'18 (via Tier 2) and now in the process of applying ILR for my wife (currently on Tier 2 dependant).

I'm a bit confused after reading several posts in the forum Should we use Set M or Set O form?

Thanks

[Casa]

Hi All,

I have been granted my ILR back in Nov'18 (via Tier 2) and now in the process of applying ILR for my wife (currently on Tier 2 dependant).

I'm a bit confused after reading several posts in the forum Should we use Set M or Set O form?

Thanks

SET(O)

[huz912]

Hi All,

I have been granted my ILR back in Nov'18 (via Tier 2) and now in the process of applying ILR for my wife (currently on Tier 2 dependant).

I'm a bit confused after reading several posts in the forum Should we use Set M or Set O form?

Thanks

SET(O)

Thanks for the quick response Casa.

Just to clarify, when using the questionnaire tools 'Find out if you can apply to settle in the UK' in gov.uk website, my wife has been automatically directed to the Set M application. Believe this is due to selecting 'You're the family member or partner of someone who has settled in the UK'.

She has chosen this answer since I've now settled in the UK. Can you please confirm if this is incorrect?

[Casa]

Incorrect, as you were granted ILR under the Tier 2 route (Not long residence) and she continued on her Tier 2 dependent visa.

[CR001]

It is clearly set o as she does not hold a visa category of spouse settlement visa to apply on set m, which if you do will be refused.

https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

You also seem to have missed the key para.

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.

[huz912]

Perfect, thanks again Casa and CR001

[huz912]

Hi All,

Below are the only documents that have been requested as part of ILR T2 dependant using set (O) form (spouse applying separately):

1 - Passports
2 - BRP
3 - Language test cert
4 - Evidence of immigration status
5 - Consent form

It appears that the home office has not requested for proof of cohabitation, life test in the UK, etc. Would appreciate if anyone that has applied an ILR for spouse (via T2 dependant) recently to confirm if they have seen a similar list? Bit confuse after reading too many posts about cohabitation, etc

Thanks in advance.

[CR001]

You need to submit liuk and 2 years evidence of cohabitation. Do not rely only on the checklist. The guidance and immigration rules are what dictate what you submit.

[bizman]

You need life in UK and cohabitation docs