Eligibility for ILR SET(M)

[yavooz]

Hi all,

I'm failing to find the eligibility requirements for set(m) applications. Some say 2 years, some others say 3 or 5.

My wife came to UK on July 2014 as my dependent when i had Tier 1 general visa.
Now i am a British citizen (5 years + 1 year ILR), and i'm trying to find out when we can apply for my wife's ILR.

any help is greatly appreciated.

thanks

[Obie]

She will qualify in July 2019.

[yavooz]

thanks for your reply

under what category should we extend her current visa?

and do you know why this form is talking about 2 years whereas you said 5?

https://www.gov.uk/government/uploads/s ... 1-2016.pdf

To qualify for indefinite leave to remain in one of the categories for which you must use form
SET(M), you must satisfy the requirements set out in Part 8 of the Immigration Rules, which
are on our website.
One of the requirements is that you have to complete 2 years’ leave to enter or remain
as the partner of the person named in your application. That period runs from
- the date on which you entered the UK with a visa in the relevant category; or, if you
did not enter the UK with such a visa, from
- the date on which you were first granted leave to remain in the UK in the relevant
category

[CR001]

She applies to extend on Tier 1 General dependent visa until she qualifies for ILR on Set(O).

There use to be a 2 year route, but this was changed to 5 years for all dependent categories in July 2012 for any applications made on or after 9th July 2012.

[Obie]

If she needs extension it will be as a dependent of a former point based system migrant.

[yavooz]

thank you for the replies.

i still don't understand why the latest set(m) form says 2 years though.
there is no mention of applications before July 2012 either.

[Obie]

You can use SET (M) if you like. But I guarantee you it is likely to fail.

[CR001]

thank you for the replies.

i still don't understand why the latest set(m) form says 2 years though.
there is no mention of applications before July 2012 either.

SET(M) is ONLY for spouse who are on a spouse settlement visa and NOT for those on PBS dependent. Ignore Set(M), it is NOT relevant to your spouse, in category or in time required for ILR. You are looking at the guidance notes, which are just that, guidance notes and NOT the Part 8 immigration rules.

There are still spouses' who are under the old 2 year route, often due to not passing LIUK or English B1. The form is generic and covers the aspect for the pre July 2012 two year route to ILR and the post July 2012 5 year route to ILR.