I am very confused SET (O) and SET (M)

xxceroalison · Post by **xxceroalison** » Wed Oct 11, 2023 11:35 am

Hello,

I am a PBS dependent and been here on the UK for 7 years now. My wife started Tier 2, then got her ILR and is now currently a British Citizen. I have not moved my visa due to costs and we have decided that I only apply ILR when my BRP is about to expire (in 6 months time).

I have applied ILR using SET(O) form due to me possessing PBS dependent visa.

Today I have received the following email from Home office and I am now very confused.

On 22 April 2023 you applied for indefinite leave to remain on form SET (O). However, information you have provided as part of your application suggests you should instead have submitted an application for indefinite leave to remain as a partner which is form SET (M).

Please consider whether you wish to proceed with your current application or whether you would like to vary this application. You may want to seek independent immigration advice.

If you do decide to vary your application, you will need to pay a fee for the new application and you will then receive a refund of the fee for your SET (O) application.

We will hold your current application as a insert original application route for 14 days from the date of this notice which is 25 October 2023. If you would like to vary this application you should submit a new application on application form SET(M), and we will treat that as a variation and decide that application instead of your application as a insert original application route.

If we have not received a new application from you by insert end of 14 days date, we will decide your application outside the immigration rules (SET (O)).

Please help

Post by **zimba** » Wed Oct 11, 2023 12:36 pm

If you never moved your visa to the family visa route, then SET(O) is correct. This form should be used even if your wife settled under the long residence. UKVI is making an error in this case. SET(O) should succeed

Post by **AmazonianX** » Thu Oct 12, 2023 12:44 am

xxceroalison wrote: ↑
Wed Oct 11, 2023 11:35 am
Hello,

I am a PBS dependent and been here on the UK for 7 years now. My wife started Tier 2, then got her ILR and is now currently a British Citizen. I have not moved my visa due to costs and we have decided that I only apply ILR when my BRP is about to expire (in 6 months time).

I have applied ILR using SET(O) form due to me possessing PBS dependent visa.

Today I have received the following email from Home office and I am now very confused.

On 22 April 2023 you applied for indefinite leave to remain on form SET (O). However, information you have provided as part of your application suggests you should instead have submitted an application for indefinite leave to remain as a partner which is form SET (M).

Please consider whether you wish to proceed with your current application or whether you would like to vary this application. You may want to seek independent immigration advice.

If you do decide to vary your application, you will need to pay a fee for the new application and you will then receive a refund of the fee for your SET (O) application.

We will hold your current application as a insert original application route for 14 days from the date of this notice which is 25 October 2023. If you would like to vary this application you should submit a new application on application form SET(M), and we will treat that as a variation and decide that application instead of your application as a insert original application route.

If we have not received a new application from you by insert end of 14 days date, we will decide your application outside the immigration rules (SET (O)).

Please help

With your immigration history as outlined above and not a switch to family route at any point, your SET (O) application is correct and should succeed as is.
If there is reply means for the received message, highlight and reiterate your history to CW.

yfaheem · Post by **yfaheem** » Tue Oct 24, 2023 8:47 pm

This is absurd response from the home office. Seems their staff is either untrained or they feel no need to properly guide applicants for settlement of their dependents. It is shocking to see it took them 06 months to know that the applicant should apply for set (M), and not set(O) and then suggesting in wrong direction is no way a good practice.

Someone I know who applied for ILR for his wife on 5 years qualifying period (T2+PBS routes) received a similar reply from UKVI recently that TIER 2 cannot be included in the qualifying period for ILR under Appendix FM.

This is confusing which route should be used for dependents ILR when their visa include T2, SW and PB partners. I hope the experts/moderators from this forum can guide us to the right way forward. Thanks.

Post by **zimba** » Tue Oct 24, 2023 9:08 pm

yfaheem wrote: ↑
Tue Oct 24, 2023 8:47 pm
This is absurd response from the home office. Seems their staff is either untrained or they feel no need to properly guide applicants for settlement of their dependents. It is shocking to see it took them 06 months to know that the applicant should apply for set (M), and not set(O) and then suggesting in wrong direction is no way a good practice.

Someone I know who applied for ILR for his wife on 5 years qualifying period (T2+PBS routes) received a similar reply from UKVI recently that TIER 2 cannot be included in the qualifying period for ILR under Appendix FM.

This is confusing which route should be used for dependents ILR when their visa include T2, SW and PB partners. I hope the experts/moderators from this forum can guide us to the right way forward. Thanks.

In the case above the error seems to be from UKVI but in MOST cases the applicants file an incorrect form.
The most common mistake I've seen is that people with dependant visas think because their spouse already has ILR, they need to apply using the SET(M) form (partner of a settled person). That is an INCORRECT assumption. SET(M) should ONLY be used for people who completed 60 months under Appendix FM (family route). Anyone who holds a skilled worker visa (including dependants) must apply for ILR using form SET(O) only

xxceroalison · Post by **xxceroalison** » Mon Dec 04, 2023 3:52 pm

I have applied 22nd of April and have yet to receive any resolution. Is there any other way I can chase this up? I have just been told when I called to wait but it is taking too much time and we are planning on going home in the New year to see my terminally ill father.

I was told that if I go out the country then my application is revoked. Also, i really cannot go without my Visa being renewed as my current one is due to expire Feb of next year (2024).

Post by **zimba** » Mon Dec 04, 2023 7:47 pm

File a complaint

https://www.gov.uk/government/organisat ... -procedure

xxceroalison · Post by **xxceroalison** » Tue Dec 05, 2023 4:05 pm

zimba wrote: ↑
Mon Dec 04, 2023 7:47 pm
File a complaint

https://www.gov.uk/government/organisat ... -procedure

Thank you very much. I do hope this works

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I am very confused SET (O) and SET (M)

I am very confused SET (O) and SET (M)

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