ILR application incorrect: Tier 2 Partner + PBS Dependent

[kps123]

Hello,

My wife's ILR application received an update today and it was concluded that she is not eligible and/or her application is incorrect.

Details:
Wife applied for Set(M) ILR (5 year route)
Her Leave to Enter as a Tier 2 Partner from 20 July 2018 to 20 April 2021
Her Leave to Remain as a PBS Dependant from 1 May 2021 to 1 May 2024
Wife applied for Settlement on 10 March 2024

Her application was dependent on mine,
I am a British citizen for the last one year.
My wife arrived into the UK as a Tier 2 partner /dependent. When I applied for my ILR (5 year route), I applied for her to be PBS dependent skilled worker route (as she only had 3 years in tier 2 dependent)

The update from Home Office for ILR essentially says,

"Any previous leave granted under the Points Based System/as a Tier 2 Partner cannot be included in the qualifying period for ILR, therefore, you have not completed the required period of 60 months under Appendix FM."

The application is recommending I change my application based on above, but it's not clear what mistake I've made.

It is not clear to me, if I've made a mistake with her visa extension (from Tier 2 partner to pbs dependent) and her clock has set to zero or I should have applied for Set(O) in my current application.

As I understood at the time, Tier 2 Partner is the same as PBS dependent (skilled worker 5y route), just that PBS replaced the Tier 2 visa system.

Kindly advice. I hope I haven't reset her clock.

[meself2]

Wife applied for Settlement on 10 March 2024

Under what route?

I should have applied for Set(O) in my current application.

Yes.

[CR001]

You applied using the wrong form.

Set M doesn't apply to her as she doesn't hold a spouse visa under Appendix fm of the immigration rules.

She must apply for ILR on form SET O.

It is her visa route that determines rhe form, not your current status.

[zimba]

This has been covered many times before: viewtopic.php?t=347735#p2165853

[AmazonianX]

This is happening repeatedly even with continous references and clarification being provided.

[kps123]

Thank you, this is reassuring.

I will need to re apply under set(o) based on this advice, however very glad to know that I have not set her clock to zero when I extended her visa.

The message from home office seems to suggest that tier 2 partner and pbs dependent cannot be used together to create 5 years, which is misleading. I understand from this boards messages that this applies only for Set(M) and not set(O).

[zimba]

This is happening repeatedly even with continous references and clarification being provided.

This is largely due to an incorrect interpretation of the note on the SET(M) by the applicants, as I explained

[zimba]

Thank you, this is reassuring.

I will need to re apply under set(o) based on this advice, however very glad to know that I have not set her clock to zero when I extended her visa.

The message from home office seems to suggest that tier 2 partner and pbs dependent cannot be used together to create 5 years, which is misleading. I understand from this boards messages that this applies only for Set(M) and not set(O).

Under the skilled worker rules when applying via SET(O), the visa route of the partner is not actually relevant. The partner could have been your partner dependant for 5 years under any partner or dependant route (including the family route). So there is no resetting of the clock, even if you move to the family route.

As you noted, this is NOT the case under the family rules and when applying under the family route via form SET(M)

[CR001]

The message from home office seems to suggest that tier 2 partner and pbs dependent cannot be used together to create 5 years, which is misleading

That is not what the message is saying. It refers specifically to the current visa route and not being able to combine with Appendix fm vias route.