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Hello,

I would like to confirm the correct form to be used for Spouse ILR application based on the below scenario.

I Have gained ILR based on 5 Year Tier 2 General visa.

My Wife was a dependent on Tier 2 general dependent visa.

She has applied for ILR based on 5 year continuous residence - Biometrics done on 16 Jan

She has used the SET M form to complete her application.

Is it the right form to have used please ?

She has used the SET M form to complete her application.

Is it the right form to have used please ?

No, it is the wrong form. SET(M) is ONLY for those who hold a spouse settlement (FLR M) visa and NOT for PBS Dependants. Set(M) will be refused as she doesn't qualify for ILR on this form. If refused, HO might put her on the FLR(FP) route and ask you to pay IHS, which will reset her clock to zero for ILR.

She should have applied on form SET(O)!!

ooh Dear.....

Can you please guide on what can be done now ?

Any possibility of varying or withdrawing the application please ?

Please provide guidance

If you withdraw now you lose your fee.

You could apply again (and pay again) on Set(O) and add a covering letter about your mistake.

Thank You.

Please suggest if the below steps are correct to be followed :

1. Apply immediately on a SET O form, Pay and and Book for a Biometrics at the earliest.

2. Upload a covering Letter stating the SET M Application reference and apologize.

3. Wait till the New SET O Decision is known

If the HO rejects the earlier SET M application as its the wrong category, will they refund at-least partial fee ?

Hello

Would you please be able to confirm the steps to be followed as stated.
I have filled in the Set O application for my wife and my daughter, about to submit and pay, just wanted a confirmation before i do that.

Should i request for a refund of the earlier SET M application in a cover letter that i will upload along with this application ?

Correct. You may not get a refund

Zimba,

Can the OP not vary the application so that he doesn't lose the money entirely??

lilboots wrote: ↑

Wed Feb 19, 2020 8:27 pm

Zimba,

Can the OP not vary the application so that he doesn't lose the money entirely??

Any new application will be considered as variation of the previous one

Many Thanks for your inputs.

We did apply for via SET O and took a Premium appointment due the confusion.
We have now received the email confirmation stating as granted.

As you know the money involved is pretty huge £ 4600. 2 Applicants , spouse and daughter.

What would be the best way to try and get a refund ?
What are the preferred contact emails that we can write to and request for a refund ?

I had kept a covering letter mentioning the earlier Application ref number and had requested for a refund. But not sure, if that would been even looked at.

Thank you