ILR Dependand Partner (ICT, Skilled) SET(O) (Unsucessful)

[ddstitu]

Hi Zimba,

I need your advice for my wife SET(O) application reply from UKVI.

Our Family Immigration history.

I(main applicant) entered UK 3/1/2016 with ICT short term visa and left UK on 23/12/2026. I again return to UK on 28/5/2017 with ICT long term visa for 2 years initially and got extended on 23/05/2019 (1yr), 11/11/2020(2 yrs) - late date due to covid period, 10/07/2022 (2yrs) till 22/05/2024.

I switched to Skilled Worker Visa on 23/04/2023 and valid till 14/07/2028. I got my ILR(LR) successful on 14/01/2026.
My wife and daughter joined on 18/11/2018 and are still continuing as my dependand starting from ICT dependant till current Skilled dependand.

I applied for my wife and daughter ILR using SET(O) application - wife as dependant partner and daughter as dependant child.

UKVI Reply for my wife:

"Thank you for your application for settlement in the UK.

Although we would normally decide your application within 5 working days from the date it was submitted, unfortunately this may not be possible in your case.

This is because you have not spent 5 qualifying years in the required categories. According to our records you switched Immigration categories from a Tier 2 ICT dependant to a Global Business Mobility LTR dependant on 10 July 2022.

In the 5 years you’ve lived in the UK, you can include time you’ve had on any combination of the following visas: any Tier 1 visa – except Tier 1 (Graduate Entrepreneur) Skilled Worker, Health and Care Worker or Tier 2 (General) Scale-up Worker T2 Minister of Religion or Tier 2 (Minister of Religion) International Sportsperson, T2 Sportsperson or Tier 2 (Sportsperson) Innovator Founder Global Talent Representative of an Overseas Business.

We therefore, cannot consider your application favourably.

If we were to continue with this application, it is unlikely that it would lead to a favourable outcome, therefore we are offering you the chance to vary the application and re-apply for permission to stay.

Due to how our system works we are not able to change an application type, therefore, in order for us to be able to complete this option you will need to submit a new application. The current application will stay open so that you can vary from this one to the new one so there is no break in your leave and that the new application is considered in time.

Should you require any advice, it is recommended that you seek an accredited immigration adviser."

I need your advice what can I do next?

[ddstitu]

Also the reply(for my wife) mentioned -

Please send this as a scanned attachment within 10 working days to xxxxx@homeoffice.gov.uk quoting your application reference.

Similarly, the reply for my daughter's application as follows -

"Thank you for your application for settlement in the UK.

Although we would normally decide your application within 5 working days from the date it was submitted, unfortunately this may not be possible in your case.

This is because your application raises exceptionally complex issues and we require further time to consider your case thoroughly and reach a decision."

Please suggest me.

[zimba]

UKVI response suggests that you chose the wrong route for them when applying using form SET(O).
What was the route selected on form SET(O) ?

[ddstitu]

I have selected for my wife :

Select a category in which you are applying for
indefinite leave to remain. - Skilled Worker, Tier 2 or International Sportsperson dependant
Are you the partner or child of your sponsor? - Partner

[zimba]

They have incorrectly listed the requirement for the skilled worker main applicants NOT for dependant partners.
The UKVI is wrong to make such claims for dependant partner. The guide says that even time spent under family route counts as the route of the dependant partner does not matter.

This contradicts the immigration rules and the guide:

Qualifying period requirement for settlement as a dependent partner of a Skilled Worker
SW 42.1. The applicant must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the person (P) in SW 39.1.

https://www.gov.uk/guidance/immigration ... led-worker

5 - year permission requirement: partners
Those who are required to complete a qualifying period must have spent a continuous period of 5 years in the UK with permission as a dependant partner of the lead applicant.

Dependant partner can include time as a spouse on family routes.

https://www.gov.uk/government/publicati ... quirements

Same advice and ILR success --> viewtopic.php?t=354739#p2202890

[ddstitu]

Hi Zimba
Thanks for your help.

I have replied to home office as mentioned -

"Dear Sir/Madam,

I am writing in relation to my ILR (SET(O)) application submitted as a Dependant Partner of a settled person, together with the dependant application of my daughter, under the same application reference.

I respectfully wish to clarify whether my application may have been considered under the SET(O) main applicant route instead of the SET(O) Dependant Partner route. I have applied strictly as his dependant partner, and my daughter has applied as the dependant child of a settled person.

I respectfully request that both applications be considered under the correct SET(O) dependant provisions and reviewed in light of the enclosed documentation with the application.

Yours faithfully,"

Can you please suggest if I need to do anything else in this moment? Any idea, how long will they need to reply on this as I have applied in priority?

[zimba]

I have no idea when they may get back to you

[zimba]

Some More INFORMATION

It seems they have updated the Continuous residence guidance last year and created a mess.

Dependent Partners of a person on the Global Talent, Innovator Founder, T2 Minister of Religion, International Sportsperson, Skilled Worker, Scale-up or Tier 1 Migrant, other than as a Tier 1 (Graduate Entrepreneur)

A dependent partner can qualify for settlement if they have 5 years continuous residence with permission as a dependent partner of a person on one of the following routes:

- Global Talent

- Innovator Founder

- T2 Minister of Religion

- International Sportsperson

- Skilled Worker

- Scale-up

- Tier 1 Migrant, other than as a Tier 1 (Graduate Entrepreneur)

https://www.gov.uk/government/publicati ... ing-period

Now what this guide says clearly contradicts the immigration rules in place and also the other guide on Dependent family members in work routes (which specifically references paragraph SW 42.1 for Skilled worker dependants):

5 - year permission requirement: partners
Those who are required to complete a qualifying period must have spent a continuous period of 5 years in the UK with permission as a dependant partner of the lead applicant.

Dependant partner can include time as a spouse on family routes.

Related rules
GT 30.1, INNF 37.1, MOR 33.1, ISP 35.1, SCU 35.1, SW 42.1.

https://www.gov.uk/government/publicati ... ork-routes

So, Dependent family members in work routes guide says that even time under the family route counts (which is in line with the immigration rules), but then the other guide says it does not count ??

[ddstitu]

Thanks for sharing, Zimba. I agree — the updated rules are a bit unclear and confusing.

I’m still waiting for a response from the Home Office after five working days. Is this normal?

[zimba]

Thanks for sharing, Zimba. I agree — the updated rules are a bit unclear and confusing.

I’m still waiting for a response from the Home Office after five working days. Is this normal?

They have not updated the rules at all. That was my point. They brought an obsolete guide back to life, and now the new guide contradicts the rules.

I do not have any idea when they will get back to you.