SET(M) or SET(O)

sergey · Post by **sergey** » Wed Jul 25, 2018 7:44 am

My wife is going to apply for ILR. Our visa history is as follows: I moved to the UK on a work permit about 20 year ago, then applied for ILR and eventually became a British citizen. My wife is currently on a spouse visa approaching her 5 year stay in the UK.

The online tool for selecting the application form indicates that she should fill out SET(O):
https://www.gov.uk/settle-in-the-uk/y/y ... -work-visa

However, an advisor from UKVI Centre told me that she should use the SET(M).

On the other hand, the SET(M) Guidance Notes clearly say that: ‘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.’

I’m totally confused and I'd appreciate any advice)))

Post by **CR001** » Wed Jul 25, 2018 7:55 am

It is Set M for ILR.

She cannot use Set O if she came to the UK on a spouse settlement visa after you became British or held ILR as she has never held a work permit dependent visa.

sergey · Post by **sergey** » Wed Jul 25, 2018 8:05 am

Thank you very much, CR001)))

sergey · Post by **sergey** » Wed Jul 25, 2018 8:14 am

Thanks very much again, CR001. I just wanted to say that your 'she has never held a work permit dependent visa' comment shed some light onto the logic behind SET(O)/SET(M) distinction)))

Post by **CR001** » Wed Jul 25, 2018 8:17 am

You're welcome. Feel free to ask any further questions you might have in this topic.

mxgee · Post by **mxgee** » Tue Aug 14, 2018 9:36 pm

Hi sergey I am going through the same confusion as yourself. I got my ILR through Tier 1 in 2012 and my wife got her UK spouse visa in Oct 2013. Later I become UK citizen in 2014. Now my wife is completing her 5 years on UK spouse visa in Oct 2018. I also check on gov.uk that which form my wife needs to fill to apply for ILR and gov.uk referring to fill SET(O) form.
I will be very grateful if you can share your experience. Which form you use for your wife's ILR application and how did it go?

Post by **CR001** » Tue Aug 14, 2018 9:40 pm

mxgee wrote: ↑
Tue Aug 14, 2018 9:36 pm
Hi sergey I am going through the same confusion as yourself. I got my ILR through Tier 1 in 2012 and my wife got her UK spouse visa in Oct 2013. Later I become UK citizen in 2014. Now my wife is completing her 5 years on UK spouse visa in Oct 2018. I also check on gov.uk that which form my wife needs to fill to apply for ILR and gov.uk referring to fill SET(O) form.
I will be very grateful if you can share your experience. Which form you use for your wife's ILR application and how did it go?

Instead of tagging onto someone else topic, you should continue in your own where you have already been given the correct advice of Set M earlier this year. Nothing has changed.

indefinite-leave-to-remain/need-help-wi ... l#p1595280

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