Confusion around Set 0/M

[mrfaizankhan]

Hi,

I am still confused for certains things:

- My wife is dependant on me and got the visa on that basis, should I be using form M for her ILR or form O ?
From this forum somone told me i should be using form O for my wife ILR which i believe is not correct ?

REGARDS

[CR001]

I have edited your topic. Keep ilr questions separate to MN1 questions please! They are totally different applications and rules.

Set O if she has held a pbs dependent visa for 5 years.

[mrfaizankhan]

Thank you

[mrfaizankhan]

Hi, (I was granted initially Tier 2 and Skilled worker visa and based on that i got my ILR)

Question:
I am cleared now on the form M which I will be using for my wife as she is dependant on me and not doing any job. I got my ILR by using the 28 days before date (Valid from) mentioned on the Vignette sticker.

For my wife, can I use the 28 days before date from her vignette sticker date ( (Valid from) as well or for her she should be physically in the UK ? Like in other words for her the criteria is different ?

As someone was telling me she should be using the date when she physically entered in the UK as for her vignette sticker (Valid from) date is not applicable for her as she is a dependant. So from her entry date i should take 28 days back not vignette sticker (Valid from) date. Is this true ?

Kindly advise.
Regards

[vinny]

SET(O) is the correct form, if wife has leave as a Tier 2/Skilled worker partner.

[zimba]

Hi, (I was granted initially Tier 2 and Skilled worker visa and based on that i got my ILR)

Question:
I am cleared now on the form M which I will be using for my wife as she is dependant on me and not doing any job. I got my ILR by using the 28 days before date (Valid from) mentioned on the Vignette sticker.

For my wife, can I use the 28 days before date from her vignette sticker date ( (Valid from) as well or for her she should be physically in the UK ? Like in other words for her the criteria is different ?

As someone was telling me she should be using the date when she physically entered in the UK as for her vignette sticker (Valid from) date is not applicable for her as she is a dependant. So from her entry date i should take 28 days back not vignette sticker (Valid from) date. Is this true ?

Kindly advise.
Regards

SET(O) must be used as explained many times to you. Also, the date of the first visa issue can be used (NOT the date of first entry)

The 'partner of a British citizen' refers to a visa route of the people who are here as 'partner of a British citizen, not people who just happen to be 'partner of a British citizen' without the relevant visa type. The immigration forms should be used based on the visa route you would like to apply

[mrfaizankhan]

Yes thats cleared already thanks, my wife came from overseas with a difference of 1 month as a dependant, as i arrived in UK earlier than her.

She came as a dependent on my visa. For her I would be using form M and for that I believe we should be using the earlier 28 days from her date of entry in the UK rather than her visa grant date/ vigenette date.

A) Her vignette/ grant date was 29th May 2019
B) Her emtrance to UK was 14th June 2019

I believe i should be using option (B) and use 17th May as date of submission ? Kindly advise

Regards

[vinny]

Please explain why you will be using SET(M)?

[zimba]

Yes thats cleared already thanks, my wife came from overseas with a difference of 1 month as a dependant, as i arrived in UK earlier than her.

She came as a dependent on my visa. For her I would be using form M and for that I believe we should be using the earlier 28 days from her date of entry in the UK rather than her visa grant date/ vigenette date.

A) Her vignette/ grant date was 29th May 2019
B) Her emtrance to UK was 14th June 2019

I believe i should be using option (B) and use 17th May as date of submission ? Kindly advise

Regards

No, you still are not making any sense here. The fact that you have ILR and your wife arrived later makes no difference whatsoever. Why are you adamant that you need to use SET(M) for her and apply under the family route when you have been advised numerous times that she doesn't qualify under the family route ?? She does NOT have 60 months under family visa to qualify and such an application will be rejected

I repeat again that you should use form SET(O) and use the date of her first visa issue date

[mrfaizankhan]

I am sorry I got confused.

Understood Form O I will use and what about the 28 days principal for her Can i use 28 days before from grant date/ vignette date/ valid from visa or when she actually arrived in the UK and minus 28 days from that and apply ?

As i my case i used the vignette date/ valid from date minus 28 days. Kindly advise

Regards

[zimba]

The earliest date of ILR eligibility is first visa issue date + 5 years - 28 days
The date of application could be earlier: How to apply early and benefit from the date of the ILR decision ?

[mrfaizankhan]

Great, thank you Zimba