PBS Dependent ILR application - correct form

[VSKr]

Hello,

I am looking to make an ILR application to the Home Office by November month-end as a PBS dependent (5 yr UK residence route).

My situation is as follows:

• I entered UK on a Tier 2 Dependent visa on 23rd December 2012. I had applied for this Visa on 9 August 2017, and hence missed the 2 year route.
  My husband was on a Tier 2 Visa, and he applied for his ILR in October 2013.
  Since then, I have extended my PBS dependent visa twice each for a period of 3 years.
  My current visa is valid till October 2019. But my qualifying period for ILR starts on 25 Nov 2017 (having stayed in the UK for 5 years minus 28 days)
  I am planning to make my Visa application of 27 November, preferably by same day application.

My question is regarding the correct form to be used to make my application. I have checked the requirements on the official website using the link below:

https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

This link prompts me to use SET (O) form.
However, there is a caveat on that page, which also says:

"If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead." (i.e. use the SET (M) form)

Technically, I received my "current" visa in October 2016 when my husband was already settled and was also a British citizen. I held on to PBS Dependent visa type to avoid resetting my 5 year period.

So I am unsure if I should complete my application using the SET(O) or SET(M) form?

Please can anyone advise from her/his personal experience or knowledge about this topic?

Thanks,
V

[vinny]

SET(O) is correct, as you had never switched to FLR(M).

[ROGE]

Hello V,

I have same query, can you please give an update on your ILR application? What form did you ise on the end?

Thank you

ROgE

[CR001]

Hello V,

I have same query, can you please give an update on your ILR application? What form did you ise on the end?

Thank you

ROgE

1. Kindly start your own topic with your circumstances, immigration history and questions.

2. Set(O) is the ONLY form a PBS Dependent can use for ILR based on 5 years residence.