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Apply online form SET(O) or SET(M) for PBS Dependent??

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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dharmavaramcr
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ILR through PBS Tier-1 Dependant - continuous period in UK?

Post by dharmavaramcr » Mon Feb 19, 2018 10:28 am

Hi All,

My wife is due to apply for ILR through PBS Tier-1 Dependant. I have doubt about her continuous period in UK, since the rules has been changed recently.
"PBS dependants:
You must not include any absence from the UK during periods of leave granted under the Rules in place before 11January 2018 towards the 180 days allowable absences.
For example, if a dependant’s qualifying period includes initial leave granted from 1 January 2015 to 31 December 2017, and an extension granted from 1 January 2018 to 31 December 2019, you must not count any absences before 1 January2018."


Here are the details of my wife stay in and out of UK:

(Note: All these years she is under PBS Tier -1 Dependant)

First Entry: 11-Nov-2012 - 25-Sep-2013
26-Sep-2013 to 17-Oct-2014 (Spent in India for Delivery) - 386 Days
18-Oct-2014 to 28-Apr-2015 (in UK)
29-Apr-2015 to 26-May-2015 (Spent in India Holidays) - 27 Days
27-May-2015 to 13-Dec-2016 (in UK)
14-Dec-2016 to 25-Dec-2016 Spent in India Holidays) - 11 Days
26-Dec-2016 to till date (in UK)

Total No of Days outside UK are: 423

Note: She does have her Tier-1 Dependent Visa until 26-08-2019.

Can she apply for ILR, considering the number of days spend outside? or When she can apply ILR?
Please help.

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CR001
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Re: ILR through PBS Tier-1 Dependant - continuous period in UK?

Post by CR001 » Mon Feb 19, 2018 10:34 am

The 180 days absence limit DOES NOT apply to her.
Char (CR001 not Casa)
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dharmavaramcr
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Re: ILR through PBS Tier-1 Dependant - continuous period in UK?

Post by dharmavaramcr » Mon Feb 19, 2018 10:59 am

Thanks for your quick reply CR001 :)

dharmavaramcr
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Re: ILR through PBS Tier-1 Dependant - continuous period in UK?

Post by dharmavaramcr » Mon Feb 19, 2018 12:25 pm

One more question: As she is under Tier-1 Dependent, we need to use the SET (O) form is that right??

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CR001
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Re: ILR through PBS Tier-1 Dependant - continuous period in UK?

Post by CR001 » Mon Feb 19, 2018 12:26 pm

dharmavaramcr wrote:
Mon Feb 19, 2018 12:25 pm
One more question: As she is under Tier-1 Dependent, we need to use the SET (O) form is that right??
Yes.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dharmavaramcr
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Apply online form SET(O) or SET(M) for PBS Dependent??

Post by dharmavaramcr » Mon Dec 31, 2018 9:23 am

Hi,

I just want to be sure about which ILR form to be used for my Wife's ILR. Here is the situation:

My wife has joined me as PBS (Tier-1) Dependent in the year 2012 November.
She got extended her visa as PBS Dependent in year 2016 while I applied and granted ILR under Tier -1 5 years route at the same time.

Now I am planning to apply ILR for my wife. Could you please anyone help to assure which ILR form to be used??

Regards,
Chakri

sddxac
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Re: Apply online form SET(O) or SET(M) for PBS Dependent??

Post by sddxac » Mon Dec 31, 2018 10:32 am

Set(O) if she is PBS dependent. Set(M) is for the spouse route, i.e. she become your dependent after you get ILR.

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CR001
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Re: Apply online form SET(O) or SET(M) for PBS Dependent??

Post by CR001 » Mon Dec 31, 2018 10:49 am

dharmavaramcr wrote:
Mon Dec 31, 2018 9:23 am
Hi,

I just want to be sure about which ILR form to be used for my Wife's ILR. Here is the situation:

My wife has joined me as PBS (Tier-1) Dependent in the year 2012 November.
She got extended her visa as PBS Dependent in year 2016 while I applied and granted ILR under Tier -1 5 years route at the same time.

Now I am planning to apply ILR for my wife. Could you please anyone help to assure which ILR form to be used??

Regards,
Chakri
Topics merged!!

You were already advised it is set O!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dharmavaramcr
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Posts: 13
Joined: Wed May 04, 2016 2:51 pm

Re: Apply online form SET(O) or SET(M) for PBS Dependent??

Post by dharmavaramcr » Mon Dec 31, 2018 12:56 pm

Thanks for your reply once again :)

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