SET O consent form help - PBS dependent

[ScLegend]

I have been on the forum and received a tremendous amount of help by looking at discussions.

I have a quick question regarding my wife’s potential ILR application. My wife plans to make an application for ILR in the beginning of Jan.

She came to the UK as a Tier 2 dependent in Jun 2015. Her absence after that can be found as following:

leaving returning gaps
18/09/15 15/10/15 -> 26
20/12/16 29/12/16 -> 8
09/03/18 10/06/18 -> 92
PBS dependent renewed in 22/06/2018
21/07/18 11/10/18 -> 81
24/10/18 21/01/19 -> 88
21/07/19 31/07/19 -> 9
16/08/19 25/08/19 -> 8
16/12/19 22/12/19 -> 5

So my first question is when she applies for ILR, will she apply under PBS dependent or actually under Skill worker dependent which comes into force on Dec 1st, 2020? It seems the rule regarding PBS dependent (Immigration Rule 319) only applies to T1 now.

The reason for asking is if she applies under Skilled worker dependent, she needs to satisfy Appendix Continuous Residence, which seems not to mention that absences during leave approved before 11 Jan 2018 will be disregarded. Links can be found as following:

https://www.gov.uk/guidance/immigration ... -residence

In the above link, it seems saying the 180 days calculation will be consecutive for absence during leave approved before 11/1/2018 and rolling for absence during leave approved after 11/1/2018, if this is the case, will my wife's case satisfy the 180 rules?

Thanks very much for all your kind help and sorry for the inconvenience.

[CULLINAN]

Your wife will apply ILR as a PBS dependent.

She only has absence limits (not more than 180 days outside UK on rolling basis or one go) after 22/6/2018 in this case.

You need to do the calculations.

[ScLegend]

Thanks very much!

Just want to clarify, in the most recent Immigration rule (updated 2 Dec, links follows) regarding application to ILR under PBS dependent, it seems the PBS dependent only refers to T1 as in 319AA. (a) Relevant Points Based System migrant means a T1 (Entrepreneur) or T1 (Investor).

https://www.gov.uk/guidance/immigration ... ly-members

Doe this mean for the application of ILR submitted now, she will be under the Skilled Worker dependent rule rather then PBS dependent rule?

[CULLINAN]

Your wife is already on a PBS dependent visa where you are the main applicant who got ILR via Tier 2 (or will get via Tier 2).
Your wife will continue as the same and apply ILR on SET(O) when she is eligible.

Note you need to do the absence calculations as she is very close. If she broke the 180 days absence on rolling basis even for 1 day, her ILR clock will reset from that day.

[ScLegend]

Hi,

I am filling the form Set O as PBS dependent. Main applicants already get ILR through Tier 2 route. I have a quick question regarding filling in the 3 parts Consent for the Home Office to verify application information form.

At the end of the SET O online application, in other documents session, it asks for the following documents:

1. Declaration signed by main applicant who is already settled to confirm consent for the Home Office to request verification checks

-- Does any one know what this consent is? Obviously I need to fill in part 1 of the 3 parts consent form but does the main applicants need to fill in part 1 as well? Or is it because I fill in the set o form wrong in someway so it triggers asking for the consent from the main applicants?

2. Consent form for the Home Office to request verification checks on main applicant who is already settled for joint accounts or third party support

-- Is this corresponding to part 2 and part 3 of the 3 parts consent form?

Thanks very much for all your kind help!

[CULLINAN]

It is the same. Consent form has 3 parts. Sign accordingly.

[ScLegend]

Thanks very much!

For this one, 1. Declaration signed by main applicant who is already settled to confirm consent for the Home Office to request verification checks.

Does my husband needs to sign another part 1 of the 3 parts consent form? To be clear I am Tier2 dependent on him and he is also settled.

[CULLINAN]

No. Applicant signs Part 1. He will sign Part 2 and 3 if that applies. Normally he only needs to sign Part 2. PBS dep do not have a financial requirement but the family consent form asks about financial dependence. I always suggest to sign Part 3 also as there is no harm.