SET (M) or Set (O)

[banzai]

Hi,

This question may have been asked many times before but I cant seem to get a clear ruling on it anywhere. Please could someone throw some light here, as I am confused.

I came to UK on HSMP & in 2011 got my ILR after spending qualifying period in UK of 5 years. So I am currently on indefinite leave & a "resident" in UK. My wife joined me in 2009 on spouse visa & after getting one extension on FLR for 4 years, now is ready to apply for ILR.

Now my questions is should I use Set(M) or Set(O) ?
The reason I am asking is that Set(M) clearly mentions to use this form if applying as a spouse of person settled & present in UK. So far so good, but the problem arises when it further says this -
"If you are applying as a partner of a person who last had leave as a Work Permit Holder, a Relevant Points Based System Migrant, on the basis of UK Ancestry or in any other temporary work related category and they now have indefinite leave to remain or have been granted naturalisation this is not the correct form to use. For further information on which form is applicable see https://apply.ukba.homeoffice.gov.uk/iapply.portal.

This points out to Set (O). So when I look at it from my point of view, my last leave was on based of PBS & now I have indefinite leave to remain. Does this mean I have to use Set (O).

I am so confused to decipher the ambiguous language used in the guidance notes. Any help will be really appreciated.

Thanks a million.

[vinny]

If she is currently a FLR(M) holder, then use SET(M). Else, use SET(O).