ILR for Tier 1 Dependent, Main Applicant already has ILR

[siddiqab]

Hi,
I had a Tier 1 (General ) Visa - (UK entry March - 2011). On March 2016 , i got my ILR.
My wife and son joined me on Tier 1 Dependant (UK entry April 04 2012). I am going to apply for my wife's ILR on 13 April 2017.
Please help me with the following questions.
1. Is the application form to be filled for my wife's application is SET (O) ?
2. If so, will i need to again fill myself as the main applicant and add my wife as dependent, although the payment will be for my wife only.

Please help.
Regards,
Siddiq

[vinny]

If they granted ILR under the 5-years PBS route, then why didn't you include your dependants then?

Assuming above:

1. SET(O) is correct.
2. I think Wife is the main applicant.

[siddiqab]

Hi Vinny,
Thanks for the quick reply.
I didnt want on any ground a refusal for all 3 of us, so just applied for myself.
And thought to apply for the dependents later as thier visa is still valid til Oct 2017.

If my wife is the main applicant, then they wouldnt be able to know whom they are dependent on.

I would like to know if any body had been in the same circumstances.
If so please explain what was done.

[siddiqab]

Hi All,
I have in dependence guidance
https://www.gov.uk/government/uploads/s ... n_2017.pdf

the following details

"
You can apply as a PBS Dependant if you meet the criteria set out in this guidance and the Immigration Rules and you are:
 the family member of a person with, or applying for, leave under Tier 1, 2, 4 or 5 of the Points Based System; or
 the spouse or partner of a person with indefinite leave to remain or British Citizenship who last held leave in Tier 1, 2, or 5 of the Points Based System and you do not yet qualify for indefinite leave to remain; or
 the child of a person with indefinite leave to remain or British Citizenship who last held leave in
 Tier 1, 2, or 5 of the Points Based System and:
o your other parent does not yet qualify for indefinite leave to remain; and
o you last held leave as PBS Dependant granted on or after 9 July 2012.
3. Where we refer to the dependant of a Tier 1, 2 or 5 migrant, all of these references will also include those applicants who are applying for further leave to remain in the PBS dependant category when their sponsor (the Tier 1, 2 or 5 migrant) has gone on to acquire indefinite leave to remain. If you are applying as the dependant of a person who has indefinite leave to remain, or British Citizenship, you should read this guidance as if they were still in their last PBS immigration category. For example if the person with indefinite leave to remain last held PBS leave in Tier 1, you should read the guidance as if you are applying as the dependant of a Tier 1 migrant.
"
reading point 2. along with point.3
i feel, i need to apply as the main dependent (although ) i have ILR. And my wife being dependent.

Thus this mean i have to pay again ???

[siddiqab]

If they granted ILR under the 5-years PBS route, then why didn't you include your dependants then?

Assuming above:

1. SET(O) is correct.
2. I think Wife is the main applicant.

Hi Vinny,
Digging further i think the form to be filled is Set (M) and not Set (O)
Regards
Siddiq

[vinny]

No. SET(M) is for spouses who already have leave under Appendix FM or A277-A281, 281-289.

Your wife and child are applying under 319E and 319J, respectively, unless they had previously switched using FLR(M)?

[siddiqab]

No. SET(M) is for spouses who already have leave under Appendix FM or A277-A281, 281-289.

Your wife and child are applying under 319E and 319J, respectively, unless they had previously switched using FLR(M)?

After i got my ILR, i have applied ILR for one of my son ... who was born in UK on Set(M).
This was approved. So i hope it should be Set(M) itself.

I am yet to go through the links u provided.

[siddiqab]

No. SET(M) is for spouses who already have leave under Appendix FM or A277-A281, 281-289.

Your wife and child are applying under 319E and 319J, respectively, unless they had previously switched using FLR(M)?

Looks like you are right
https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

it has to be Set(O) form only.

[siddiqab]

No. SET(M) is for spouses who already have leave under Appendix FM or A277-A281, 281-289.

Your wife and child are applying under 319E and 319J, respectively, unless they had previously switched using FLR(M)?

Looks like you are right
https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

it has to be Set(O) form only.

I have made a call to UKBA and they have confirmed i need to fill in Set(O) form, with my wife as the main applicant and child as dependent.