Immigration history in Set (O) application

[Anuar]

Dear Friends,

Could you please help me with the ILR application for my wife? Let me briefly describe our case here:
1) My wife is dependent on a Tier 1 Exceptional Talent visa (in her most recent BRP application her visa type is stated as "PBS, Start-up, Innovator or Global Talent dependant partner" and on her BRP card is written "PBS Dependent Leave to remain")
2) I (her husband) am already a UK citizen (I got my passport in 2023 and my ILR in 2022).

Now, she is eligible to apply for ILR (5 year qualification period is accomplished already) and I am trying to understand what application form I should apply. On the gov.uk website I see two options:
a) Set O (https://visas-immigration.service.gov.uk/product/set-o) but it states that you can not longer apply for indefinite leave to remain under Tier 1 (General). I am not sure that the dependant of Tier 1 Exceptional Talent is still applicable for Set (O).
b) Set M (https://visas-immigration.service.gov.uk/product/set-m) - it states that you can use this form if your current leave to remain is as the partner of a British citizen, settled person, or person with refugee leave or humanitarian protection and that leave is on the 5 year route and you have completed at least 5 years with leave on that route.

What option should we choose Set (O) or Set (M) in our situation? Thank you in advance!

[zimba]

SET(O) is correct.

• SET(M) is ONLY for people who have had 2 x 2.5 year visas under the family route, NOT the dependant visa routes.
• The Tier 1 Exceptional Talent visa is gone and it is now known as the Global Talent visa. Tier 1 General route was an old visa route closed many years ago and has nothing to do with her visa.

[Anuar]

Thank you!

[Anuar]

Dear Friends,

Could you please help me to clarify the following question?
My wife (T1 exceptional talent dependent) is filling out ILR from on gov. uk website (Set (O)) route. In the Immigration history section, she has only one question "Have you spent any of your two, three or five year continuous period (as appropriate) with leave to enter or remain in the Crown Dependencies?". I remember when I filled out my ILR form (2 years ago) I also had these questions:
a) Which countries did you visit or travel through when absent from the UK and Crown Dependencies?
b) Since you first entered the UK, have you had any absences from the UK?

In the form my wife is filling out - we could not find such questions. Did we make a mistake somewhere in the form or travel history is not relevant for the Home Office anymore?

Thank you in advance.

[Anuar]

I think I figured out the reason. There is a new question in this form:

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

and if you answer Yes - then the form suggests you to provide details:
Have you had any absences from the UK during any leave granted since 11 January 2018?
(Required)
This includes all absences however short. Do not include travel to Crown Dependencies.

Am I right? This was the problem ? (The reason I asked - is that I cant find other question that other people mentioned recently in their Set O application form, Specifically this one: "Since you first entered the UK, have you had any absences from the UK?")

[zimba]

Yes. That is because for dependant visa holders the absence limit ONLY applies for visas periods issued after 11 Jan 2018 and onwards
So for example, if a visa was issued for the period of 5 Jan 2018 to 5 Jan 2021, she does NOT need to declare any absence for that visa period as such a visa was issued before 11 Jan 2018

[Anuar]

Thank you for the clarification. May I ask you the last question here:
In the list of supportive documents for my wife's application, I found this "Evidence of Mrs xxx immigration status in the UK". As I understand it is her current BRP card, right?

P.S. Sorry if this question has been already asked by other applicants.

Thanks in advance.

[Anuar]

Thank you for the clarification. May I ask you the last question here:
In the list of supportive documents for my wife's application, I found this "Evidence of Mrs xxx immigration status in the UK". As I understand it is her current BRP card, right?

P.S. Sorry if this question has been already asked by other applicants.

Thanks in advance.

[AmazonianX]

Thank you for the clarification. May I ask you the last question here:
In the list of supportive documents for my wife's application, I found this "Evidence of Mrs xxx immigration status in the UK". As I understand it is her current BRP card, right? Correct

P.S. Sorry if this question has been already asked by other applicants.

Thanks in advance.

[Anuar]

Dear Friends,

I appreciate your help. My wife finally got her ILR status and new card. I noticed that the expiration date for her new card is 31 December 2024. I read in the letter (attached to the card) that with this expiration date her immigration status, entitlement to work, access to services or benefits, or to travel are unaffected if her permission to stay ends later than 31 December 2024.

I have a question - how can we check her permission to stay date (if such a date exists for ILR applications)?
Also, in one year (Feb 2025) we plan to apply for a UK passport for her, and as I understand, we still could use this card for that future application, correct?

Thanks in advance!

[CR001]

how can we check her permission to stay date (if such a date exists for ILR applications)?

There is no expiry date for ILR, the clue is in the word INDEFINITE leave to Remain. It is only the BRP Card that expires, not the ILR status.

Also, in one year (Feb 2025) we plan to apply for a UK passport for her, and as I understand, we still could use this card for that future application, correct?

You will use whatever the new digital system is that is in place at that time. We don't know what that will be as yet.

Also, she does NOT have to wait 12 months to apply to Naturalise as British (required before she can apply for a British Passport) if you are already British. She can apply now if she meets the requirements.

Ask your citizenship questions in the correct sub forum.

british-citizenship/

[Anuar]

Thank you! I thought the same regarding the date. However, I did not know that she doesn't not need to wait an additional 12 months (as I waited previously with my ILT before applying for a passport). Thanks for the reference- I will use this link.

[CR001]

I did not know that she doesn't not need to wait an additional 12 months (as I waited previously with my ILT before applying for a passport). Thanks for the reference- I will use this link.

She is married to a British Citizen which is why she does not have to wait 12 months. This was not the case for you, so you had to wait 12 months.