SET (M) not accepted - Please help

[purivish]

Hi,

I was granted Tier 2 Partner visa on 22/10/2013 (until 30.09.2016) and entered in UK on 08/11/2013. On 14.09.2016, my husband got his ILR visa (based on 10 yrs residence), so i applied spouse visa on 20.09.2016 and was granted 30 months visa until 30.03.2019.

As i completed 5 yrs in spouse visa after enter in UK on 08/11/2018, am i entitle to apply for ILR based on partner of settled person via form SET (M)?

HO has replied today commenting that my 5 yrs will be counted from 20.09.2016 and not from 22.10.2013, please suggest and help..

Thanks

purivish

[CR001]

As i completed 5 yrs in spouse visa after enter in UK on 08/11/2018, am i entitle to apply for ILR based on partner of settled person via form SET (M)?

No you don't qualify for ILR yet. You need to extend your visa for another 2.5 years.

HO is correct. You need 5 years on FLR M spouse visa before you can apply for ILR on form Set M. Time spent on tier 2 partner visa doesn't count for 5 years residence for Set M ILR as it is a different visa category and rules.

[purivish]

I have just received reply from HO says:-

It has been accepted that you entered the UK as a Tier 2 Partner Entry Visa. This visa is completely different from the spouse visa that you switched into on 20/09/2016. The Tier 2 Partner visa is not a spouse visa and therefore cannot be counted towards the 5 years.

Is it true that Tier 2 Partner visa & spouse visa are different and cannot be counted towards the 5 yrs ILR route?

Please suggest and advise urgently.

Thanks,

purivish

[CR001]

Is it true that Tier 2 Partner visa & spouse visa are different and cannot be counted towards the 5 yrs ILR route?

Yes it is true, HO are correct. Your assumption is wrong.

Tier 2 Partner and spouse visa are two different visas categories, rules and requirements and you cannot combine them to make up 5 years for ILR on form Set M.

You need either 5 years as tier 2 partner OR 5 years as spouse visa.

[purivish]

As i completed 5 yrs in spouse visa after enter in UK on 08/11/2018, am i entitle to apply for ILR based on partner of settled person via form SET (M)?
No you don't qualify for ILR yet. You need to extend your visa for another 2.5 years.

HO is correct. You need 5 years on FLR M spouse visa before you can apply for ILR on form Set M. Time spent on tier 2 partner visa doesn't count for 5 years residence for Set M ILR as it is a different visa category and rules.

Really

[Casa]

As i completed 5 yrs in spouse visa after enter in UK on 08/11/2018, am i entitle to apply for ILR based on partner of settled person via form SET (M)?
No you don't qualify for ILR yet. You need to extend your visa for another 2.5 years.

HO is correct. You need 5 years on FLR M spouse visa before you can apply for ILR on form Set M. Time spent on tier 2 partner visa doesn't count for 5 years residence for Set M ILR as it is a different visa category and rules.

Really

Yes, really.

[CR001]

Really

The rules for PBS Dependents of ILR Long Residence applicants changed almost 5 years ago in April 2014. By you changing visa category in 2016, your clock was reset to zero and a new 5 year route to ILR (2 x 2.5 year visas). See link below for the rules and changes.

immigration-for-family-members/dependan ... 43881.html