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PBS Dependent to apply for ILR - Set(O) or Set(M) form?

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

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san668
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PBS Dependent to apply for ILR - Set(O) or Set(M) form?

Post by san668 » Thu Nov 12, 2020 10:16 am

Hi,
I got ILR last year via Tier 2 General 5-year route. My wife is on dependant visa(Tier 2 dependant).She also got her PBS dependant visa extension for 3 years in March 2020.

She is eligible to apply for ILR from Oct 2020.

Which form should I have to apply for her ILR - Set(O) or Set(M) form?


I am confused as I am already on ILR (via Tier 2 general) but she is on PBS dependent visa

vinny
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Re: PBS Dependent to apply for ILR - Set(O) or Set(M) form?

Post by vinny » Thu Nov 12, 2020 10:44 am

SET(O), under 319E.
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We do not inherit the Earth from our ancestors, we borrow it from our children.

san668
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Re: PBS Dependent to apply for ILR - Set(O) or Set(M) form?

Post by san668 » Fri Nov 13, 2020 10:37 am

Thanks for the reply.
I have another doubt. My wife passport is expiring in Feb 2021. We couldn't get the passport renewal appointments and they stopped appointments during lockdown.
So we are planning to apply ILR first by standard service as priority service is unavailable.

Is there any requirement for passport validity when she submit her ILR application? Can she apply for ILR now and submit Biometrics by Dec? (and then she will apply for passport renewal after receiving ILR)

vinny
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Re: PBS Dependent to apply for ILR - Set(O) or Set(M) form?

Post by vinny » Fri Nov 13, 2020 11:50 am

Subject to 34(5).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

san668
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Re: PBS Dependent to apply for ILR - Set(O) or Set(M) form?

Post by san668 » Sun Nov 15, 2020 5:11 pm

Thanks again for the reply.
I have doubt regarding the below.

During any leave granted since 11 January 2018 have you had any absences from the UK?
When I select YES for this question, it is asking for the below question
Which countries did you visit or travel through when absent from the UK and Crown Dependencies?

Her first Tier 2 dependant visa was granted in Aug 2015. After that, her visa was extended in Mar 2020 and she is currently on this visa.

We have travelled to the countries outside of the UK in the below dates in the last 5 years since her first visit to UK. We have been in the UK since her recent visa extension in Mar 2020.

2016
2017
May, Sep 2018
Apr 2019
Jan 2020

I didn't find any question that asks for absences before 11 Jan 2018. I wonder if they really need the old absences before this date.

Do we have to include all the trips including the old trips during 2016 & 2017, since her first visit to UK?
OR
Do we have to include just the absences after 11 Jan 2018 (2018,2019 and 2020 trips) ?
Which absences should we include in the form for the above question in this scenario?

Please help me with this. Thanks

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CULLINAN
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Re: PBS Dependent to apply for ILR - Set(O) or Set(M) form?

Post by CULLINAN » Sun Nov 15, 2020 5:20 pm

Select yes. You are required to list absences only after March 2020 in your case. The system will let you add absences when you select “yes.”

PBS dependents have no absence limits on any leave granted before 11th Jan 2018.
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san668
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Re: PBS Dependent to apply for ILR - Set(O) or Set(M) form?

Post by san668 » Sun Nov 15, 2020 7:34 pm

Thank you for the reply.
she has no absence since March 2020. so are the below answers correct in this case?

Does the period of stay on which this application was based include any leave granted since 11 January 2018?
YES

Have you had any absences from the UK during any leave granted since 11 January 2018?
NO

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CULLINAN
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Re: PBS Dependent to apply for ILR - Set(O) or Set(M) form?

Post by CULLINAN » Sun Nov 15, 2020 8:03 pm

Yes
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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