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ILR partner (PBS) form ?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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nasmc92
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ILR partner (PBS) form ?

Post by nasmc92 » Sun Jun 07, 2020 9:07 pm

please answer

Question 1:
I am British national now and my ILR was obtained via Tier 2(G) route.
My wife is still on Tier 2 Dependant PBS route and she is now eligible for ILR
will I be using Set(O) for my wife (partner) or Set (M).
I believe Set(M) is for spouse when you are British or your wife had her first visa as a spouse visa.
my wife will be classed as family member or partner of someone who has settled in the UK on work visa via Tier 2 route
So Set (O) or Set(M) ??

Question 2:
I have had her recent extension as a PBS dependent in Nov 2019 when I was already settle on ILR. SO I have just gone gov website to check her eligibility. the link below will explain everything
https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

If you see the tab for Eligibility for partners.
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.
this will be will be a Set (M) form and you have to show finances as well as for Set(O) PBS form you do not have to. So I am confuse again that if I have to use Set (O) then I might have to use Set (M because her recent PBS extension was after I had ILR

Question 3:
https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

for link above: Eligibility for partners

When you apply for settlement, you and your partner must:
not be using public funds

(I have access to Child Benefit but website states we should not be ???)
my child was born Jan 2020 and I had British passport Dec 2019

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CR001
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Re: ILR partner (PBS) form ?

Post by CR001 » Sun Jun 07, 2020 9:09 pm

She can only apply in form SET O. If you apply on SET M, it will be refused as she does not hold the qualifying visa for 5 years for SET M.

Child benefits is fine.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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