ILR application for Dependent SET(M) or SET(O)

[lucky456]

Hi all,

My Husband was on HSMP then on Tier 1 General (in total 5 years). He got his ILR approval SET (O) on the October 2012
I applied for FLR(M) on May 2013 (Previously on Tier 1 General) extended FLR(M) on November 2015.
My Husband got his naturalisation on March 2015
I would like to apply for ILR.

Could you please advise if this would be under SET (O) or SET (M)?

On UKBA online checking service to see which application we have to use, there is the following statement

https://www.gov.uk/settle-in-the-uk/y/y ... ier-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." - This link takes me to a SET (M) application.

Re cap of the dates
Husband ILR - 10/2012
FLR (M) - First application 2.5 years - 05/2013
Husband Naturalisation - 03/2015
FLR (M) - First application 2.5 years - 11/2015

I am confused and I dont want to apply using the wrong form. Please advise.

Thank you

Lucky456

[CR001]

Set(M)

[lucky456]

Thank you CR001

[lucky456]

CR001 & others,

I have booked for Set (M) PEO for the 3rd of May. I am going through the guidance notes for Set (M) and the following paragraph appears on page 2 (of the pdf)

"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. For further information on which form is applicable see: UK Visas and Immigration - GOV.UK"

My husband was on Tier 1 general (Relevant Points Based System Migrant????) until (October 2012). Please note when I first applied for FLR (M) application for 2.5 years he was on Indefinite leave to remain.

Does this means I have to apply via Set (O). I just wanted to be sure. Thank you all in advance for your help.

Lucky456

[CR001]

Set(M) as you hold a spouse settlement visa (FLR(M)).

Set(O) is NOT the correct form as YOU do not hold a PBS Dependent visa.

[lucky456]

Thank you once again CR001. It makes sense now.