ILR - Tier 2 Dependant

[mcapavan]

Hi,
I have received my ILR on Uk Tier 2 Sponsored visa in 23rd April 2019. I came to UK on T2-ICT in March 2011 and changed to T2G in May 2014. I have applied for ILR to T2G Dependants (Wife + 2 Children). I put the application under UKVI SET(M) application type. I took the super priority service and went to Biometrics on 30th April. I am yet to receive decision but received the below email.

Dear *******,

Thank you for your recent application for Indefinite Leave to Remain using our super priority service.

We have attempted to process your clients application within the 24 hour service standard, unfortunately it appears it will not be processed within the 24 hour target. This is because your client’s application raises exceptionally complex issues and we require further time to consider the case thoroughly and reach a decision.

Kind Regards,
*******
SET(M) Manchester
UK Visas and Immigration

Is SET (M) the correct type of application I should choose?

Do you know how long it should take to receive the decision?

Just FYI - My family was not out of UK for more than 30 days in any given year in last 5 years and I have submitted all the required documents.

Many thanks in advance.

[CR001]

Is SET (M) the correct type of application I should choose?

No it is the wrong form if they are pbs dependents. Set M is ONLY for applicants that hold flr m spouse Settlment visas for 5 years.

They should have applied on Set O.

[mcapavan]

Thanks for the quick response. I have paid 2400£ as fee and 800£ for same day process per applicant. So It's almost 9,600£ as fee.

What can I do to change the application from Set M to Set O?

And do I miss all the money I have paid?

[CR001]

When do their current visas expire?

Why did you apply on Set M if they don't hold a qualifying visa for Set M??

Set M is likely to be refused and you will lose the fee. They might be offered a new 2.5 year visa and asked to pay £1000 IHS each, which will reset their clock for ILR to zero.

I am not sure if you can complete Set (O) and send it now. You would likely have to pay again though but I am not sure. It seems to be more difficult with the online forms compared to the old paper forms.

[mcapavan]

Their visa expires in May 2020. When I search in gov.uk, it shows that "Settle in the UK as the partner of a person, or parent of a child, who is in the UK and settled here: form SET(M)". I am settled in UK as I have got ILR and my wife is the partner of a person settled in UK. I guess that statement is correct. And when they went to BRP, the team in BRP office reviewed all her documents and confirmed the documents are sufficient.

I don't think the clock to reset for ILR to zero as they has current visa valid until May 2020. Is my understanding correct?

[CR001]

I have just done the settle questionnaire and it clearly says Set O. So not sure where exactly you got Set(M), so if you could post the link as I suspect you have answered the questions incorrectly.

https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

From the 'Apply online' link in the above link : https://visas-immigration.service.gov.uk/product/set-o

When I search in gov.uk, it shows that "Settle in the UK as the partner of a person, or parent of a child, who is in the UK and settled here: form SET(M)". I am settled in UK as I have got ILR and my wife is the partner of a person settled in UK. I guess that statement is correct.

Yes, but ONLY if the applicant holds the spouse of settled/BC person visa, which your spouse does not hold. For immigration applications purposes, she is NOT a 'partner of a person settled', she is a PBS Dependent visa holder.

And when they went to BRP, the team in BRP office reviewed all her documents and confirmed the documents are sufficient.

UKCVAS are only a third party agent, they are not immigration advisors or HO employees. They only do biometrics and check documents based on what you applied for. They do not offer advice.

I don't think the clock to reset for ILR to zero as they has current visa valid until May 2020. Is my understanding correct?

It will reset to a new 5 year residence period if HO issues them with a 30 months leave to remain visa as the dependents of a person settled, a completely different visa category to PBS Dependent.

[mcapavan]

Thanks for the details. In my current situation , I am yet to receive decision. What can I do to stop the current application (Set M) and reapply to Set O as I am yet to receive decision? I don't want to go to reset mode if that is an alternative. And their current visa expires in May 2020 if that information is any help. Also they came to UK in Aug 2011 on T2-ICT and we all changed to T2G in May 2014.

[CR001]

I would try to withdraw the application stating you have made an huge error in applying on the wrong form and would like to be considered under Set O for ILR.

If you wish, I can post the paper form (which is archived) if you want to complete it and ask HO to please consider it instead.

[mcapavan]

Yes please - Could you send me the paper form? So should I try to do this with the help of solicitor? I have already spent around 10,000£ so don't want any further mistakes if possible.

[CR001]

https://webarchive.nationalarchives.gov ... -form-seto

You could do it yourself.

[mcapavan]

Thanks a lot. I have got the paper form downloaded now. Should I fill the form and send the hard copy to Home office along with all the required documents attached? and write a cover letter stating I made a mistake of submitting Set M? Where should I post all these forms?

[CR001]

I would suggest so yes.

Send it to the set m Manchester department and ask if the could please decide on Set O etc.

[mcapavan]

Thanks - Could you help me to find the address for set M Manchester department?

[CR001]

I don't have it. Is there nothing in the email you received?

The Set M paper form and guidance list an address in Durham.

https://webarchive.nationalarchives.gov ... -form-setm

[CR001]

You might have to contact HO by phone.

[mcapavan]

Okay - I will call them on Monday. Thanks once again for your kind support.

[CR001]

You're welcome. You need to act on this asap though.

Are you able to respond to the email you got or is it a 'no reply' type email?

[mcapavan]

It's no reply type email and I don't have address in that email. Sure - I will act on Monday as they don't work on Weekend I believe.

[CR001]

You could try to call, the call centre might be open.

[mcapavan]

It's Monday to Friday only

[vinny]

Vary the applications to SET(O)?

[mcapavan]

Hi Vinny,
thanks for the response. Could you help me to understand the better about Vary? Can I change the form from Set (M) to Set (O) now?

[mcapavan]

My family has received the ILR even though I have submitted under the wrong application form. It took over 2 months but they have sent the ILR BRP cards now.