Which route should I choose

[Abdulaziz-2030]

Dear all,
Today I submitted my application for indefinite leave to remain under rout SET(M)
The home Office contacted and informed me that your rout was wrong and we give chance to edit your application within 7 days. So I am really confused which rout should I choose. My wife has indefinite leave to remain for because she was in the UK for10 year. My situation is I entered the UK since 2013 with tier 4 student visa and I am until now with the same visa .
So I really appreciate if anyone can help me with that
Which rout should I choose
All the best
Abdul

[zimba]

Dear all,
Today I submitted my application for indefinite leave to remain under rout SET(M)
The home Office contacted and informed me that your rout was wrong and we give chance to edit your application within 7 days. So I am really confused which rout should I choose. My wife has indefinite leave to remain for because she was in the UK for10 year. My situation is I entered the UK since 2013 with tier 4 student visa and I am until now with the same visa .
So I really appreciate if anyone can help me with that
Which rout should I choose
All the best
Abdul

What makes you think you are eligible for ILR under SET(M) ? Who advised you to apply for ILR ?!
You are under PBS Tier 4 route which does not lead to ILR. You must have switched to FLR(M) family route visa when your wife got ILR under long residence. Then after 5 Years under Family visa route FLR(M) or 10 years in total in the UK, you can apply for ILR. The earliest you can apply for ILR will be in 2023. You should request to change/vary your application to FLR(M) but be aware that it has a min financial requirement of £18,600. It will be issued for 2.5 years and you must pay IHS. Does you wife work ?

[Abdulaziz-2030]

thank you for responding Zimba,
I choose SET(M) because it was the only rout for the spouse to get ILR and I asked the lawyer who helped my wife to get ILR and he said yes this is the right application. it is wrong application.
the home office send and I quote ( we would like to give you the opportunity to review your application. If after you have reviewed your application you would like us to reject it to allow you to submit a further application on the correct route please advise us as soon as possible. If you choose not to have your SET(M) application rejected or do not reply within 7 days of the date of this email, your application will then be considered using the criteria laid down in Appendix FM.)
so now should i tell them to reject it or change it to FLR(M)?
if they reject it does this mean i loose the fees that i have paid?
i really appreciate your help and support
Abdul

[CR001]

I choose SET(M) because it was the only rout for the spouse to get ILR and I asked the lawyer who helped my wife to get ILR and he said yes this is the right application. it is wrong application.

You can only apply on SET M if you have held a FLR M spouse visa for 5 years. You do not meet this criteria as you do not hold a spouse settlement visa for 5 years. You have been very ill advised by this so called lawyer who doesn't appear to understand the immigration rules at all.

If it is rejected you lose the fee yes because you have made a big mistake.

You can ask ho to consider your application as FLR M provided you meet the English and financial requirements.

If you don't meet the English and financial requirements, then it is FLR fp 10 year partner route.

[Abdulaziz-2030]

Thank you all for replying,
I just ask the HO about the situation and my fees, they said we will reject your application and refund the fee except super priority fees 800 pounds + Admin fees. they said as you have suggested visa which is FLR(M) visa.

so my question is : if I switch to FLR(M) visa can I continue my study on this visa? I am a PhD student and I have 1 year and three months remain in my visa.
best wishes
Abdulaziz

[CR001]

Yes you can study in FLR m visa.