Tier 2 PBS dependent

[srbh14]

Hi,

Can someone please help me between Set(M) and Set(O) form.

I am PBS dependent and fist came to UK in May 2013, then applied PBS dependent visa in dec 2014 to dec 2016 , in April 2015 my partner got ILR and in dec 2016 i again applied to PBS dependent visa but this time they gave me 36 months so - dec 2016 to dec 2019.

confusion - in the gov website
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. - which is Set (M )

BUT guidence notes of Set(M) says - Family life as a partner (5 year route - you were last granted 30 months limited leave as a partner.... *** mine is 36 months **

elsewhere on this forum seems to suggest set(O)

[cyclina1]

Yes. As you will apply ILR as the dependent of Tier2 main applicant settled through 5 years route, you must use SET(O) form.

[srbh14]

thank you cyclina1,

by reading a bit more on this website, i am also leaning towards set(O) however, this keeps getting me confused every time - "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 am not sure the definition of "visa" is this case - visa that you get once you enter the country and then every time its the extension of that visa or a new visa with each application !!
i have always been PBS dependent - never switched but last extension/visa was after my partner became ILR( but my Bio Metric card says - PBS dependent and NOT ILR dependent )

if you have any thoughts please let me know, many thanks in advance.

[CR001]

by reading a bit more on this website, i am also leaning towards set(O) however, this keeps getting me confused every time - "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"

The quote applies to spouses who applied for a Spouse Settlement Visa (VAF4A or FLR(M) AFTER the partner got ILR.

If you have not switched to FLR(M) spouse visa and your partner got ILR based on Tier 2 5 years residence, then you apply for ILR on Set(O).

[srbh14]

thank you and appreciate your responses, yes looks like set(O) is the right form.