SET(M) from Tier 1 (Exceptional Talent)?

[rastica]

Hi there,

I am married to a British citizen, but when I moved (back) to the UK in 2015, his income was not high enough for me to be eligible for the spousal visa. So instead I applied for and received the Tier 1 (Exceptional Talent [Exceptional Promise]) visa, for 3 years.

Since it expires in December, I am now getting ready to apply for the extension to the visa, for another 2 years – to tide me over until I can apply for ILR in 2020 under the 5 years guidance.

But it occurred to me to check if I can instead apply for ILR under SET(M)? Since with the Spousal visa, you only need 2 years of marriage and residence.

I assume not, but since it would save me a lot of money, double checking here...

Thank you to anyone who knows!

[CR001]

No, you cannot use set(m) if you hold a tier 1 visa.

A spouse visa requires 5 years residence for ILR.

[rastica]

No, you cannot use set(m) if you hold a tier 1 visa.

A spouse visa requires 5 years residence for ILR.

OK great. Thank you! I just wanted to be extra-sure!