Settlement PBS Dependent - 5 year route )

[funkylen007]

Hello Folks,

I came into this country in Tier 1 in 2009 and got ILR in 2015 and citizenship in 2015.
My wife joined me in Nov 2012 as Tier 1 depended and in Jan 2017 extended her Tier 1 dependent visa. Now, she is eligible for ILR.

I am applying as partner of British citizen as her current visa was provided (Jan 2017) after I settled in UK.

While filling in SET M form, there is section 8B. The before question i filled in as Yes, in 8.4 and it requested to proceed to Section 8C.
I am able to meet minimum income threshold as Self Employed - IT contractor.

Any inputs please?

Cheers,
Len.

[CR001]

If she has been on Tier 1 Dependent visa since November 2012 and still holds the same category visa, SET(M) form is NOT the correct form.

She must apply on SET(O).

I am applying as partner of British citizen as her current visa was provided (Jan 2017) after I settled in UK.

Does she hold a Tier 1 Dependent visa or a Spouse settlement visa (2.5 years applied for on form FLR(M))??

[funkylen007]

Hi,

My wife's current visa is Tier1 dependent and she got it in Jan 2017. I was settled in 2014 itself and got naturalized in 2015 as British Citizen.. When she applied for Tier1 dependent extension (PBS Dependent, Leave to Reamain) early this year in Jan 2017, I was and am British citizen.

the below link states that if my partner got her current visa after i settled, she should apply for SET M instead?

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

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.
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.

Thanks,
Len.

[CR001]

the below link states that if my partner got her current visa after i settled, she should apply for SET M instead?

Only relevant IF she holds a visa in the correct category, i.e. spouse settlement visa (would have been an application on FLR(M)).

As a PBS Dependent, she DOES NOT hold a visa to apply on Set(M). She must apply on Set(O). This is regardless of your British citizenship.

immigration-for-family-members/dependan ... 14832.html

A member was recently refused ILR for using Set(M) instead of Set(O) and the PBS dependent visa had expired.

[funkylen007]

Oh! Thanks for telling this.
For SET (o), the below statement is told
When you apply for settlement, you and your partner must:
be living together in your own accommodation
not be using public funds

But, I as the applicant's partner have claimed for Child benefit on my name from 2016 July. Will this affect her ILR application?
What should i do now?

Thanks,
Len.

[CR001]

But, I as the applicant's partner have claimed for Child benefit on my name from 2016 July. Will this affect her ILR application?

It is fine, you are allowed to claim as you hold ILR.

What you have quoted from the form is if BOTH of you are applying for ILR at the same time, which you are not.

[funkylen007]

Highly Appreciate your clarification. Do you have link to the post where the application was refused for SET (M)?

They should change the below wordings to specify its for FLR(M). I have already filled in SET M form.

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

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.


Should I mention that I am claiming Child benefit in my partners application?

Thanks,
Lenin.

[CR001]

Highly Appreciate your clarification. Do you have link to the post where the application was refused for SET (M)?

They should change the below wordings to specify its for FLR(M). I have already filled in SET M form. Well it does. It says clearly for applicants who were granted leave under Appendix FM

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.
Where is this stated? Page number and guidance notes or form (I suspect you are misreading the online questionnaire, which does state Set(O)). I have done the questionnaire based on your circumstances, link below (all about the details you put in).
https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa
From the link above:

How to apply
Use form SET(O). Check the form for the supporting documents you need.

Post your application to the address on the form or apply in person at a premium service centre.

The guidance notes for Set(M) clearly states:

If you are applying as a partner of a person who last had leave as a Work Permit Holder, as 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.

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.
This point means if she applied for a spouse settlement visa on form FLR(M) after you got ILR. It DOES NOT refer to a PBS Dependent extension.

Should I mention that I am claiming Child benefit in my partners application? Yes.

Thanks,
Lenin.

[funkylen007]

Highly Appreciate your clarification. Do you have link to the post where the application was refused for SET (M)?

They should change the below wordings to specify its for FLR(M). I have already filled in SET M form. Well it does. It says clearly for applicants who were granted leave under Appendix FM

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.
Where is this stated? Page number and guidance notes or form (I suspect you are misreading the online questionnaire, which does state Set(O)). I have done the questionnaire based on your circumstances, link below (all about the details you put in).
https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

The below link states that in section Eligibility for partners

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

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

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.

You must also have been living with your partner in the UK for at least:

2 years if you applied for your current visa before 9 July 2012
5 years if you applied for your current visa on or after 9 July 2012
When you apply for settlement, you and your partner must:

be living together in your own accommodation
not be using public funds
If you’re 18 to 64 years old when you apply, you must also pass:

the Life in the UK Test
an English language test

[CR001]

And it clearly states at the bottom that you need to complete Set(O)!!

How to apply
Use form SET(O). Check the form for the supporting documents you need.

Post your application to the address on the form or apply in person at a premium service centre.

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.

Again, this extract refers to applicants who have switched or applied to extend on FLR(M) spouse settlement visa and is NOT relevant to PBS Dependents.

[CR001]

Here is the link to the refusal I mentioned.

immigration-for-family-members/confused ... d#p1565639

[funkylen007]

And it clearly states at the bottom that you need to complete Set(O)!!

No, if you are partner, then if we click on 'Partner of a settled person instead' words which is a hyperlink, taking it to SET (M).

The below link states that in section Eligibility for partners

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

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.
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.

[funkylen007]

Here is the link to the refusal I mentioned.

immigration-for-family-members/confused ... d#p1565639

Better to fill in SET (O) then? Take SET (M) filled form as well?

[CR001]

No point taking Set(M) as she doesn't qualify for it if she holds a PBS dependent visa.

I am failing to understand what you are not grasping. She DOES NOT hold a visa as "spouse of settled person" which is a completely different visa category to Tier 1 dependent visa which you say she holds.

You being "settled" does not change the route she has to apply on unless she holds a visa in the relevant category as a spiuse of a settled person, i.e. a visa done on form FLR(M).