daft question - SET (M) or SET (O)

[Curious2012]

I would request a reply /confirmation even if the question may seem daft.

Situation - My wife is shortly applying for her ILR. She is currently in the UK on spouse/CP visa which she applied for as my spouse before the 9th of July 2012 from outside the UK and received leave to remain/enter for 27 months after the 9th of July. No delay in her entry to the UK.

Now, at the end of her 2 year period, we will apply for her ILR as we understand she is eligible to apply.

My status - British citizen and passport holder. Earlier nationality - Indian. Came to the UK in 2000 on a work visa, changed to HSMP in 2002, which was extended /renewed upon application, then applied for ILR in 2005 which was granted and then applied for and received naturalisation certificate and became a British citizen in 2006.

Based on the guidance and visiting the various webpages, it seems that the most appropriate form to apply for her is SET (M).

However, the confusion arises because of the following. Click on site https://www.gov.uk/settle-in-the-uk and then choose the options as follows : 1 What's your situation? Choose the option which describes you best. If you have a visa as the dependant of someone else, select their visa.Ans:You're the family member or partner of a British citizen
NEXT STEP
2. Did your family member or partner settle before they became a British citizen? Ans: Yes
NEXT STEP
3. How did they settle? Ans: On a work visa
NEXT STEP
4. What type of work visa did they settle with? Ans: Any other work visa
NEXT STEP
Then the guidance suggests using SET(O) to apply. However from the guidance notes and the form itself, it seems inappropriate for her circumstances.

On the other hand if one goes on the following link https://apply.ukba.homeoffice.gov.uk/iapply.portal#t chooses FIND FORMS service then choosing the options from the the drop-down menu as follows
1. I want to "live permanently in the UK without becoming a citizen ( settlement)
2. I am applying as "the partner or spouse of someone with the right to live in the UK.
3. I am applying from "United Kingdom"
4. My current nationality is "India"
Date of birth : dd/mm/1972

Then get of choices of 4 forms which can be narrowed to 3 answering additional question "my family member is a british citizen.
1. SET (M)
Download this form to apply for indefinite leave to remain (settlement) in the UK, and a biometric residence permit, as the partner of a person present and settled in the UK. Children applying as your dependants can also use this form

2. SET (O)
Application for permanent residence in the United Kingdom in an employment or other category listed on the form
and

3. SET (P) - inapplicable for me

Upon perusing the forms and guidance notes, It seems that SET (M) is the correct one to use for her application. Can someone please help /confirm . Thanks and apologies for a long post for what may be obvious to most.

[CR001]

It is SET(M) for ILR if she joined you as a British Citizen in the UK. English Level B1 and Life in the UK is required.

SET(O) is only if she is in the UK as a work permit (PBS) dependent, so this is not relevant to you anymore as she entered on a Spouse of British Citizen visa.

[Subtle]

From the guidance notes of SET(M):

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

As you were previously in a temporary work related category and then you settled and subsequently got naturalized, you can not use SET(M) form for your wife.

I believe you should be using SET(O). But you can always confirm with the Home Office by phoning them or emailing them.

[CR001]

@Subtle, you are incorrect in your interpretation. That particular paragraph is only relevant to spouses on PBS/work permit dependent visas applying for ILR.

The OPs wife came to the UK on a Spouse of Settled/British person in 2012. OP obtained British Citizenship in 2006. The OP was already British and his wife was not his dependent in the work category visas.

It is Set(M) that needs to be completed.

[Amber]

CR001 is correct.

[Curious2012]

Thanks All. Much appreciated.

One more clarification please -

Wife's date of entry to UK after leave to enter/remain granted as spouse was 24th August 2014.
We /she ( I will accompany her) is/are planning to apply in person the first week of August - to be precise on the 1st or 4th of August depending on when we get availability.

Based on the guidance notes -

"2 QUALIFYING FOR INDEFINITE LEAVE TO REMAIN
To qualify for indefinite leave to remain in oneof the categories for which you must use form SET(M), you must satisfy the requirements set out in Part 8 of the Immigration Rules, which are on our website. One of the requirements is that you have to complete 2 years’ leave to enter or remain as the partner of the person named in your application. That period runs from
- the date on which you entered the UK with a visa in the relevant category; or, if you did not enter the UK with such a visa, from
- the date on which you were first granted leave to remain in the UK in the relevant category...."
AND

"5 WHEN TO APPLY
You and any children under 18 who are applying with you should apply before the end of your/their permitted stay in the UK when you are nearing completion of the 2-year qualifying period required by the Immigration Rules. Please do not apply more than 28 days before completing that period. If you apply earlier than that, your application may be refused. If that happens,we will not refund the fee and you will have to pay again when reapplying."

Two years complete on 24th August 2014 and we are applying at a time less than 28 days before which by my simple calcs is 28 days less 24th August 2014 ie. 27th July 2014.

Is my interpretation correct that we should be OK and application is acceptable if we apply after the 27th of July2014 ?

I recall reading somewhere that there was some confusion about applying only 28 days before the expiry of the existing visa which was issued for 27 months as per custom from 20/08/2012 to 20/11/2014? This would mean having to wait till later.

CROO1, Amber, your confirmation much appreciated.

Thank you Once again. Kind regards,

[CR001]

28 days before 24th August (2 years qualifying period) is correct when she can apply.

[Curious2012]

In section 2-A of Set (M) form it asks
If your partner was not British from birth, when did they obtain settlement in the UK? and then

On what basis did your partner obtain settlement in the UK?

Should the answer to the first question be the date on naturalization certificate?

For the second question - is it correct to say ILR?

Thanks for your guidance

[Curious2012]

Your guidance needed please....and I will rephrase the question better

In section 2-A of Set (M) , page 9 asks

If your partner was not British from birth, when did they obtain settlement in the UK? and then
Day/Month/Year


On what basis did your partner obtain settlement in the UK?

As mentioned in my situation at the beginning of the thread, my wife is the ILR applicant, I am the husband/partner and sponsor.

Clarification sought:

Should the answer to the first question be the date on my naturalisation certificate (08/2006?) and in that case should an answer to the second question along the lines of 'Naturalized as a British citizen on ILR route...' suffice?


OR do the questions need to be answered differently e.g. first question - setllement in the UK could be the date of my ILR on my cancelled passport from 2005.

As a background - When we had applied for her first spouse visa entry clearance application preJuly 2012 (June 2012), a similar question in about your partner/sponsor section in the guidance notes of the correct to be form used then (VAF4A OCT 2011, although this had to be submitted online in our case) )clearly said "8.2.9 If your sponsor is in the UK when did they first arrive? In DD/MM/YYYY format. If your sponsor has been a British Citizen since they were born please enter their date of birth here. If your sponsor acquired British Citizenship after their birth please enter the date they became a British Citizen here"

So, common sense and consistency would suggest that my hunch may be correct i.e. in the Set(M) put naturalisation date and suggested reply and NOT any other date like ILR on cancelled passport by answering differently.

A confirmation please from those in the know and experts much appreciated.

To be clear, I will be accompanying her and my passport will be submitted as part of the application in person. Do need to make sure that the question is answered correctly and we have the approproiate back-ups e.g. cancelled passport and documents related to my ILR if I am wrong