Which form do I need to use for Indefinite Leave to Remain?

My husband is applying for ILR in 2024. He currently holds a dependant visa granted in 2019 linked to my Tier 2 sponsorship granted in 2017. I am now a naturalised British Citizen. Having said that, please could you let me know if the form to use for this scenario is FORM SET (M) - ILR application for partners, or FORM SET (O) - ILR application for other purposes/not covered by other application? Thank you.

Public Answer

Thank you for your enquiry. For your husband’s situation, as a dependent visa holder linked to your Tier 2 sponsorship and considering your naturalization as a British citizen, the appropriate form for Indefinite Leave to Remain (ILR) application would likely be FORM SET (O) – Application for Indefinite Leave to Remain Other Purposes.

FORM SET (O) is typically used for individuals who do not fall under specific visa categories and are applying for ILR for reasons other than those covered by other application forms. In this case, your husband, as a dependent on your previous visa, might not fit the criteria specifically outlined in FORM SET (M) for partners.

Rules and forms can occasionally change, and seeking advice from OTS Solicitors can offer tailored guidance based on the most current regulations. Please contact us on 02039599123 or click here 

[This question has been successfully answered by our lawyers in a private e-mail]