Set(O) or Set(M)?

[nihMoham]

Hello,
I am a British citizen (with help from this board) and my wife is here as my dependant (on the 5 year route, also with help from this board).

We have now passed the 60 month mark, and her second visa extension is about to expire. Ordinarily, there would be no questio that she should now apply for her ILR. However - just before she was granted her second visa (extension), she and I moved abroad for almost exactly one year - this was because i accepted a job offer and she came with me.

We are back here since 2018, and plan to live in the UK full time (we are in the process of buying a house, etc).

Does the 362 day absence in between means my wife, as my dependant, has to wait until she has been here 5 years from her last date of entry (i.e. April 2018 - meaning she should apply for another extension to her FLR(M) as it expires in January 2021) or can she apply for ILR on the basis of her orignal leave to remain under the five year route (i.e. November 2015)?

Thanks in advance

[CR001]

There is no absence limit for spouse visa holders.

[nihMoham]

Thanks CR001 - apologies if I am being dense, but that means straight to the ILR for her??

[AmazonianX]

Thanks CR001 - apologies if I am being dense, but that means straight to the ILR for her??

Yez its ILR for her withSET(M)

[nihMoham]

Hi - my wife is looking to settle / apply for ILR on the 5yr route. Her current leave to remain is as the partner of a settled person (me - I became a British citizen before her last leave to remain was granted). This would indicate that she should apply using form Set(M)?

However the gov.uk website service is indicating that because I settled / got my ILR on a Tier 1 work visa, she should use Set(O)?

We would appreciate any advice as to which is the right form to use

Thanks in advance

[srsw]

Is she currently on tier 1 dependent visa? If yes, then set (o) for ILR application.

[nihMoham]

Her most recent leave to remain would have been granted as partner of a British citizen

[srsw]

Looks like she switched from Tier 1 dependent to partner visa, which means she may have reset her ILR clock.

Do list her visa start/end dates for last 5+ years and visa categories and forum members can confirm the next steps.

[nihMoham]

Looks like she switched from Tier 1 dependent to partner visa, which means she may have reset her ILR clock.

Do list her visa start/end dates for last 5+ years and visa categories and forum members can confirm the next steps.

She first came to the UK on a student visa, in 2014.

November 2015 she was given a spouse visa - at that time I had my ILR but not full citizenship. I got my ILR as tier 1 migrant. On the Home Office letter it states that she has leave to remain and is on the five year partner route

July 2018 she extended her leave to remain, again as a partner - at this point I had acquired citizenship. Again on the Home Office letter the five year partner route is mentioned.

This second visa expires in January 2021 - my understanding is that she is eligible to apply for ILR under the five year route as the spouse of a settled person, which would indicate Set(M)?

[CR001]

Topics merged. You were already advised on 10th December that is os form SET M.