ILR as a dependant of my husband who is currenly with ILR and previously with Tier 2

[timekillinglim]

Dear Sir/Madam,

I would be grateful if you could advise me.

My husband has continuously been in the UK since 2014, with a Tier 2 General VISA for the first 6 years and then an ILR since 2020.

My children and I have had Tier 2 General PBS dependant visa since 15 June 2016. When my husband applied for his ILR, my children and I could not apply together due to not satisfying the 5-year stay rule. Instead, we applied for a PBS dependant visa in 2020 and have been on this until now.

Now my children and I satisfy the 5-year stay rule and would like to apply for ILR as dependants to my husband. My question is what category should I make our applications with? Set (O) or Set (M)? If it is Set (O), it would be really nice if you could kindly explain why Set (M) is not the category, or vice versa.

Thanks,
Joyce

[CR001]

It's form SET O as PBS dependents applying for ILR.

Set M is only if you have held a spouse settlement/FLR M visa for 5 years.

It is your visa category that determines the form to use, not your spouse's current immigration status or citizenship.