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ILR dependant - set O or set M

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

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landrover8032
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Joined: Sat Aug 23, 2014 11:49 am

ILR dependant - set O or set M

Post by landrover8032 » Thu Sep 28, 2023 10:55 am

Hello,
My apologies if this question seems repetitive or has been addressed before. I've come across various threads with similar concerns, but given the specifics of our situation, I felt the need for a more direct advice, especially from the experts here.
I'm seeking clarification on whether my wife should apply for Indefinite Leave to Remain through set O or set M. Here are the details:
- I got my ILR in January 2021 - I was on a Tier 2 General visa since November 2015.
- My wife joined me in the UK in July 2016 with Tier 2 Dependant visa.
- She currently holds a dependant visa. Her BRP card mentions "Dependant partner leave to remain". This visa is valid from August 2021 to May 2024.
- While extending her visa in April 2021, she applied as a PBS, Start-up, Innovator, or Global Talent dependant partner as dependant on my Tier 2 visa. At the time of her application, I already got ILR.
I appreciate any insights you could provide on whether set O or set M is more appropriate given our situation.

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Ticktack
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Posts: 2471
Joined: Wed Mar 23, 2022 10:35 am
United Kingdom

Re: ILR dependant - set O or set M

Post by Ticktack » Thu Sep 28, 2023 11:35 am

landrover8032 wrote:
Thu Sep 28, 2023 10:55 am
Hello,
My apologies if this question seems repetitive or has been addressed before. I've come across various threads with similar concerns, but given the specifics of our situation, I felt the need for a more direct advice, especially from the experts here.
I'm seeking clarification on whether my wife should apply for Indefinite Leave to Remain through set O or set M. Here are the details:
- I got my ILR in January 2021 - I was on a Tier 2 General visa since November 2015.
- My wife joined me in the UK in July 2016 with Tier 2 Dependant visa.
- She currently holds a dependant visa. Her BRP card mentions "Dependant partner leave to remain". This visa is valid from August 2021 to May 2024.
- While extending her visa in April 2021, she applied as a PBS, Start-up, Innovator, or Global Talent dependant partner as dependant on my Tier 2 visa. At the time of her application, I already got ILR.
I appreciate any insights you could provide on whether set O or set M is more appropriate given our situation.
Its SET O. SET M is for those that initially came in as the spouse of someone already settled in the UK. Then continued to FLR M.

Your current immigration status doesn't change your wife's immigration pathway. So Set "O"!!
No sin in failing, you just have to try and try again!

landrover8032
Newbie
Posts: 32
Joined: Sat Aug 23, 2014 11:49 am

Re: ILR dependant - set O or set M

Post by landrover8032 » Thu Sep 28, 2023 5:39 pm

Thank you so much for your clarification.

When filling out the application for set O, I noticed that it requires information about my previous Skilled Worker visa (sponsor, etc.), which has now expired. Will including this expired information pose any issues? Any explanation needed such as writing a cover letter?

AmazonianX
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Posts: 8112
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Re: ILR dependant - set O or set M

Post by AmazonianX » Thu Sep 28, 2023 11:40 pm

landrover8032 wrote:
Thu Sep 28, 2023 5:39 pm
Thank you so much for your clarification.

When filling out the application for set O, I noticed that it requires information about my previous Skilled Worker visa (sponsor, etc.), which has now expired. Will including this expired information pose any issues? [No] Any explanation needed such as writing a cover letter? No, the CW knows the rule, simply provided the details requested

landrover8032
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Posts: 32
Joined: Sat Aug 23, 2014 11:49 am

Re: ILR dependant - set O or set M

Post by landrover8032 » Fri Sep 29, 2023 10:49 pm

Thank you so much for your answer.

I've just realised that my wife has already stayed in the UK for more than 6 years under a Tier 2 dependent visa. Will this cause any issues?

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CR001
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Re: ILR dependant - set O or set M

Post by CR001 » Sat Sep 30, 2023 4:39 am

landrover8032 wrote:
Fri Sep 29, 2023 10:49 pm
Thank you so much for your answer.

I've just realised that my wife has already stayed in the UK for more than 6 years under a Tier 2 dependent visa. Will this cause any issues?
No!
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.

landrover8032
Newbie
Posts: 32
Joined: Sat Aug 23, 2014 11:49 am

Re: ILR dependant - set O or set M

Post by landrover8032 » Wed Nov 08, 2023 11:41 pm

Is there any financial requirement for the dependant application? My wife does not work so I cannot submit any proof of her salary. I submitted their application but did not submit proof of my salary, will this affect the application? Thanks.

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zimba
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Re: ILR dependant - set O or set M

Post by zimba » Thu Nov 09, 2023 3:22 am

landrover8032 wrote:
Wed Nov 08, 2023 11:41 pm
Is there any financial requirement for the dependant application? My wife does not work so I cannot submit any proof of her salary. I submitted their application but did not submit proof of my salary, will this affect the application? Thanks.
They have no such requirement
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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