Partner ILR - SET O or SET M

[javy0071]

Hello there,

My wife is coming close to her completion of a 5 year PBS Dependent visa and I have a question regarding the type of form she will be using. I am the main applicant currently with British passport after getting settled via Tier 2, 5 year journey. Here are the dates:

Aug 2013 - Tier 2 Main applicant
June 2015 - PBS Dependant for Wife
Aug 2016 - Extension of both main applicant and PBS dependant
Aug 2018 - ILR for main applicant only (PBS dependant had visa till 2019)
Jan 2019 - Extension of PBS Dependant till 2022
Aug 2019 - Naturalisation for Main applicant
June 2020 - PBS dependant - 5 year completed

As you can see from above, in Jan 2019, my wife extended her PBS dependant visa whilst I had ILR, will she be applying with SET M or SET O form? My understanding is that she will apply via SET O form but SET M form does say this form to be used the main applicant is settled or have citizenship.

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

https://visas-immigration.service.gov.uk/product/set-m

Thank you.

[CR001]

Form SET O is the only form relevant for your spouse to apply for ILR.

[javy0071]

Hello there,

My wife is completing here 5 year PBS dependant visa and coming close to her ILR application. Reading the documents online, I have seen if applicant has qualified for IELTS requirements in the past, the applicant doesn't need to do this again and old IELTS certificate (even if its expired) is acceptable. Is this true?

Also, my wife gave IELTS test 5 years ago when there were only two type of exams, IELTS Academics and IELTS General. My wife had done IELTS General Training with 7.5 bands. Unfortunately this IELTS exam is not in approved test list any more, there are now other IELTS exams like IELTS for UKVI, IELTS for Life Skills.
If old IELTS certs are acceptable, will my wife IELTS General Training will be acceptable even if its not on the approved list anymore and she used it to enter the UK?

Thank you.

[CR001]

Hello there,

My wife is completing here 5 year PBS dependant visa and coming close to her ILR application. Reading the documents online, I have seen if applicant has qualified for IELTS requirements in the past, the applicant doesn't need to do this again and old IELTS certificate (even if its expired) is acceptable. Is this true?

Also, my wife gave IELTS test 5 years ago when there were only two type of exams, IELTS Academics and IELTS General. My wife had done IELTS General Training with 7.5 bands. Unfortunately this IELTS exam is not in approved test list any more, there are now other IELTS exams like IELTS for UKVI, IELTS for Life Skills.
If old IELTS certs are acceptable, will my wife IELTS General Training will be acceptable even if its not on the approved list anymore and she used it to enter the UK?

Thank you.

Topics merged. Keep all questions on the same application in one topic please.

She needs to do a new test B1 level that is on the current list of approved test (and it changed a couple of days ago) and LIUK test also. She was not required to meet the English requirement for a PBS dependent visa at any point so her expired test she did for whatever other purpose won't be accepted as it was not used for a previous UK immigration application.

[javy0071]

Thank you for both answers. She has LIUK test next week, we’ll then plan to do approved IELTS exam.

Thank you

[javy0071]

Hello once again.

Upon checking the URL below, it says:

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

My wife did apply for PBS dependant extension Jan 2019 when I had an ILR. Does this not apply to her? My wive’s current visa was received when I had ILR.

Thank you

[CR001]

No it does not apply and SET M would not be the correct form. The paragraph refers to someone who applied for a spouse settlement visa and not a PBS dependent extension.

She needs to apply in form SET O.

[javy0071]

Thanks once again.