You can use SET M only if you have a residence permit as a spouse of a settled person or British citizen. In other words, if your previous application was FLR M, this time you use SET M.Fryman wrote: ↑Sat Jan 19, 2019 6:20 pmHey Bibi2, I appreciate your response and take it all onboard. Not angry so much, more the fact i have a letter here saying theres a immigration bail on me and this went from trying to do the right thing to you must leave now on a month old letter. I dont believe it was entirely my fault in regards to the submission as the postal application of Set M was not an option for myself under the guise that I could travel and work whilst it was being processed. Little did I know on the 12th of November that it would be so that if you left the UK then your application would be withdrawn. If that was known on the 11th, I would of indeed posted the application and then not travel nor make work and personal plans over the christmas.bibi2 wrote: ↑Sat Jan 19, 2019 6:04 pmI understand that you are angry about the situation especially because you paid over £1000 instead of just £65 but none of the reasons is a valid ground for appeal.Fryman wrote: ↑Sat Jan 19, 2019 5:21 pmAdd absolute lack of the ability to be able to book the super premium service on the old system before the cutover on the 2nd of November to the new system. Many people tried for many weeks to make an appointment and pay the fee across the whole country to be told there are no appointments for 45 days.
Do you think its reasonable to post a letter dated from the 16th of December on the 17th of January to be received today with a refusal and demand to leave now?
First of all, you are not required to leave the country (even if the letter tells you - that is a generic letter everyone with a refused SET M application and expired leave will receive). Receiving that letter after a month is also not a valid reason for an appeal. The complaint team may (partially) uphold your complaint for this reason but what will you get other than an apology?
Secondly, it was entirely your own fault to submit a wrong and late application. No appointment was available? Right, but you could post the application.
Thirdly, lack of clarity in the Immigration Rules is not a ground for appeal. You could seek assistance (free).
Again, you are not required to leave the country. Apply again by submitting the right application. Expired EEA family member residence card is also not a problem. You didn't need it in the first place. You just got it to prove your right to work etc.
So let it be known... On Set M, to settle with a partner for ILR, is it a fact that you have to have entered on a spousal or partner visa, done your 5/10 years then apply? Or is it open to anybody who has done 5 years on a visa who is a partner of a British National? ie there is a valid entry requirement required that means you have to enter on a spousal or british partner visa?
Already started the EEA (PR) and the stress levels have definitely dropped. I do love the fact my refusal is a clause with 4 related sub clauses and one of those sub clauses has 2 more sub sub clauses, and is apparently generic, but google couldnt find that exact phrase
What a time to be alive.
It seems you don't have a residence permit as a spouse of settled person or British citizen. Instead, you have a residence document (not permit - as that is just a proof of a right to stay and not a permission to stay) as a family member of an EEA citizen. If yes, they were 100% right to refuse your SET M application. People like you can only settle in the UK by applying for a document confirming the right of permanent residence (paying £65), or submit SET LR application (over £2000).
