Used wrong application form for ILR and now received refusal letter

[gs1n17]

Hi I am urgently need help with my IRL application.
Basically I applied the IRL using SET M application form but however I am an dependant of my husbands who holds the indefinite leave to remain. I used the wrong application form (I suppose to use the set O form). Now I received the refusal letter and I have the right of appeal within 14 days.
Will the right of appeal help to overturn my application or do I need to submit another application with correct form? If so can I use the fee I paid previously to cover the cost or I need to pay £2297 again?
I understand that I cannot submit an application in my right of appeal period, but however if I submit an application after the period, I will become an overstayer.
Please someone help, I only have several days left and some advises urgently required.
Thanks in advance,
Susan

[CMOSUK]

Hi I am urgently need help with my IRL application.
Basically I applied the IRL using SET M application form but however I am an dependant of my husbands who holds the indefinite leave to remain. I used the wrong application form (I suppose to use the set O form). Now I received the refusal letter and I have the right of appeal within 14 days.
Will the right of appeal help to overturn my application or do I need to submit another application with correct form? If so can I use the fee I paid previously to cover the cost or I need to pay £2297 again?
I understand that I cannot submit an application in my right of appeal period, but however if I submit an application after the period, I will become an overstayer.
Please someone help, I only have several days left and some advises urgently required.
Thanks in advance,
Susan

Hi,

It is my understanding it would be better to make a fresh application using the correct form and fee while you still can.

If you go down the appeal process, it is likely to fail given the fact you have used the wrong application and you section 3C will be exhausted by that point making you an overstayer just like you have stated.

This would have a further impact on you BC application in my view even if down the line you got your ILR.

Unfortunately you won't get any of the refused applications fee back or nor will they cover it for the fresh application using the correct form and fee.

Also I must ask is your visa currently expired? I'm assuming it may be as you state after the 14 day grace period you will become an overstayer. Again if it is the case make sure to include a cover letter to explain these circumstances.

Hope my info and advice is correct. Looking for further clarification on this thanks.

[gs1n17]

Hi I am urgently need help with my IRL application.
Basically I applied the IRL using SET M application form but however I am an dependant of my husbands who holds the indefinite leave to remain. I used the wrong application form (I suppose to use the set O form). Now I received the refusal letter and I have the right of appeal within 14 days.
Will the right of appeal help to overturn my application or do I need to submit another application with correct form? If so can I use the fee I paid previously to cover the cost or I need to pay £2297 again?
I understand that I cannot submit an application in my right of appeal period, but however if I submit an application after the period, I will become an overstayer.
Please someone help, I only have several days left and some advises urgently required.
Thanks in advance,
Susan

Hi,

It is my understanding it would be better to make a fresh application using the correct form and fee while you still can.

If you go down the appeal process, it is likely to fail given the fact you have used the wrong application and you section 3C will be exhausted by that point making you an overstayer just like you have stated.

This would have a further impact on you BC application in my view even if down the line you got your ILR.

Unfortunately you won't get any of the refused applications fee back or nor will they cover it for the fresh application using the correct form and fee.

Also I must ask is your visa currently expired? I'm assuming it may be as you state after the 14 day grace period you will become an overstayer. Again if it is the case make sure to include a cover letter to explain these circumstances.

Hope my info and advice is correct. Looking for further clarification on this thanks.

Yes my visa expired on this July 2017. I applied by post and they only sent me the refusal letter on 17 Oct 2017. I am look to do it in the premium service centre, however the earliest appointment available is 20th Nov which means after my right of appeal expired, I will become an overstayer for 20 days. Even though I added an cover letter to explain my situation, will it still affect the final decision made on my ILR application.
Or as alternative way, so I need to appeal first in order to buy some time then I can prepare the application and appointment at the meantime, they I can always withdraw from my appeal.
Thanks for you time.
Susan

[Kashif_Hussain]

If you made the application using the wrong form the HO should have given you an opportunity and should write you and allow 10 working days to correct the problem.

I guess they did not follow the correct administrative procedure by refusing the application prior giving you opportunity to correct the issues.

on the letter did they say refused or invalid application ?

Thanks

[CMOSUK]

If you made the application using the wrong form the HO should have given you an opportunity and should write you and allow 10 working days to correct the problem.

I guess they did not follow the correct administrative procedure by refusing the application prior giving you opportunity to correct the issues.

on the letter did they say refused or invalid application ?

Thanks

I'm my opinion it should have been returned as invalid and there for be given 14 days grace period. To re apply using the correct form and fee.

[Obie]

Home Office acted unlawfully.

The SET(M) form requires the Home Office to consider FLR(M) or FLR(FP) as the case may be, if a person does not meet the requirement for SET(M). Furthermore it states that the person will be asked to pay NHS surcharge, or there application will be invalid.

In failing to do so, and act contrary to their policy and undertaking on their SET(M) form, the decision is unlawful and incomplete.

[gs1n17]

I have made a decision with my immigration advisor that we will appeal first in order to buy some time. And at the mean time we will prepare the new application and arrange premiums appointment. We will withdraw the appeal before we go for our premiums appointment, which means my mom will stay like one day or 2 as an overstayer and the immigration advisor stated that it won't affect the application.
However my passport and expired BRP card is not returned from previous application. Will it automatically be transferred to the correct office? Or we need to phone up the home office in advance.
I am very concerned if we turned up for an appointment without a passport and BRP card, the immigration officer cannot make the decision on the day and it will possibly cause another refusal.

Thank you for your time.
Susan

[safeery2k]

Hi, I am in a same position. I have applied for my wife's ILR using Set M. I came to this country on Tier 1 General and became permanent resident.

Today I have received a letter from HO that we have applied using wrong form and need to apply again using the correct form within 10 days using correct form.

Which form I need to fill - SET O? And where do I send that form to the address we received that letter or to the original SET O postal address?

Thanks for the help.

[vinny]

SET(O), if eligible.

If a caseworker was aware that the applicant was eligible to apply as a partner under whichever rules, with a different form, then it was open for him/her to sensibly use discretion:

If an applicant has not applied on the correct specified form, you may write to them telling them the correct form and give them 10 working days to submit that form. If they do not do this, you should normally reject the application as invalid using the notice of invalidity template: ICD 4946 on Doc Gen.

At the resumed hearing before me Ms Brocklesby-Weller, very sensibly in my view, agreed that the Secretary of State should not have taken the point that the appellant applied on the wrong form and that the appellant would now fall for limited leave to remain under the previous Paragraph 284 of the Immigration Rules. She conceded that the appeal should be allowed on the basis that the appellant had leave as a spouse prior to the enactments under Appendix FM and she should be able to take advantage of the transitional provisions. I therefore allow the appeal under the Immigration Rules.

[safeery2k]

Hi, I am in a same position. I have applied for my wife's ILR using Set M. I came to this country on Tier 1 General and became permanent resident.

Today I have received a letter from HO that we have applied using wrong form and need to apply again using the correct form within 10 days using correct form.

Which form I need to fill - SET O? And where do I send that form to the address we received that letter or to the original SET O postal address?

Thanks for the help.

[Obie]

The first question is, does your qualify for settlement, and if so , under what category? Also relevant is when she came to the UK?