Applying for ILR for dependent

[Dinesh2021]

Hi All,
Hope you are all doing good.

I am confused whether to use set o or set m for ILR application. Has anyone come across with this scenario and would be really helpful for any suggestions.

I came to UK with General Tier 2 visa and then got ILR on June 2021

My wife got PBS dependent for first 4 years and then moved to spouse visa for extension( Jan 2022 to July 2024) for 2.5 years. We have not moved her visa due to costs and we have decided only to apply ILR when her BRP is about to expire.

I have applied ILR for my wife on July 24 using SET(O) form considering it was originally PBS dependent visa.

Today I have received the following email from Home office and I am now very confused.

On 20 july 2024 you applied for indefinite leave to remain on form SET (O). However, information you have provided as part of your application suggests you should instead have submitted an application for indefinite leave to remain as a partner which is form SET (M).

Please consider whether you wish to proceed with your current application or whether you would like to vary this application. You may want to seek independent immigration advice.

If you do decide to vary your application, you will need to pay a fee for the new application and you will then receive a refund of the fee for your SET (O) application.

We will hold your current application as a insert original application route for 14 days from the date of this notice which is 25 November 2024. If you would like to vary this application you should submit a new application on application form SET(M), and we will treat that as a variation and decide that application instead of your application as a insert original application route.

If we have not received a new application from you by insert end of 14 days date, we will decide your application outside the immigration rules (SET (O)).

Should we go ahead with ILR set M application as variance?it is really confusing, Would be really helpful if some one could advise on the same

[zimba]

UKVI is wrong to suggest SET(M) in this instance. If your partner applies under the family route using form SET(M), they will fail the requirements under the family rules as they do not have 5 years under the family route to be eligible for ILR. However, by applying under the Skilled worker route, you can include any time spent under any partner route (including the family route) to be counted towards the 5 years.

Your partner applying using form SET(O) was indeed correct as long as they chose the 'Tier 2/skilled worker dependant' option.

See: https://www.immigrationboards.com/viewt ... 8#p2176294

[Dinesh2021]

Thanks a lot for your advise.

I just checked my application details, I have used set o but selected category as other instead of tier2 dependant. Would that be possible to corrected by any chance ?

[zimba]

Thanks a lot for your advise.

I just checked my application details, I have used set o but selected category as other instead of tier2 dependant. Would that be possible to corrected by any chance ?

A new SET(O) application is needed as the correct route must be chosen