Direct Set M application following new family rules

[meemyself&I]

Hi all

I was just wondering, has anyone else applied for Set M application, who if not for the new changes to the family route would have had to switch firstly to a FLR M visa before changing over to Set M?

I have recently applied and would like to know how others are finding this new changes. Did anyone have to submit a letter explaining th reason why they are applying for Set M rather than FLR M.

Please, I would be grateful to hear of other peoples' experience.

[geriatrix]

Unless one is in the UK with leave to enter / remain as spouse of a settled person / British citizen or switched to FLR(M) leave from within the UK, one cannot apply for settlement using SET(M).

[meemyself&I]

Unless one is in the UK with leave to enter / remain as spouse of a settled person / British citizen or switched to FLR(M) leave from within the UK, one cannot apply for settlement using SET(M).

Oh my God, have i made a mistake, please tell me which form I should have used. Now worried . Or what I should have done.

[meemyself&I]

Hello Seniors

I really need your advice. Following from Sushdmehta's response, I have just gone back to older post, and just realised that I might have used the wrong form to make my application.

brief summary - my husband has recently had his ILR approved. I have been his dependant on Tier 4 visa for the last 9 years. I wanted to go by the new rule that I do not need to switch to FLR M, but I have now used the wrong form to make my application.

Any urgent advice will be appreciated. My current Tier 4 dependant visa will expire on 12 November.

Thanks in advance for your help. I think I should have used Set O form according to one of the quotations below, can't remember who i copied it off from

"
For PBS dependents who do not qualify for ILR at the same time as the main PBS migrant because you haven't completed your two year probationary period:

- If you will complete your two years within the validity of your PBS dependent leave, you no longer need to apply for FLR(M), instead you will be able to apply directly for ILR on form SET(O) once you have completed your two years
- If your leave will expire before you complete your two years, you will need to apply for further leave on form FLR(M) and then for ILR on form SET(M) once you complete your two years. You will not be subject to the new minimum income thresholds but will be subject to the current 'adequate accomodation and maintenance' requirements."

Unless one is in the UK with leave to enter / remain as spouse of a settled person / British citizen or switched to FLR(M) leave from within the UK, one cannot apply for settlement using SET(M).

Oh my God, have i made a mistake, please tell me which form I should have used. Now worried . Or what I should have done.

[geriatrix]

I think I should have used Set O form according to one of the quotations below, can't remember who i copied it off from

"
For PBS dependents who do not qualify for ILR at the same time as the main PBS migrant because you haven't completed your two year probationary period:

- If you will complete your two years within the validity of your PBS dependent leave, you no longer need to apply for FLR(M), instead you will be able to apply directly for ILR on form SET(O) once you have completed your two years
- If your leave will expire before you complete your two years, you will need to apply for further leave on form FLR(M) and then for ILR on form SET(M) once you complete your two years. You will not be subject to the new minimum income thresholds but will be subject to the current 'adequate accomodation and maintenance' requirements."

Doesn't apply to you as your spouse did not apply for settlement under PBS route but under long residence.

As per immigration rules, you should have applied for FLR(M) leave instead of settlement using SET(M).

You should vary your SET(M) application to an extension application (FLRM)).
See varying an application.

[meemyself&I]

I think I should have used Set O form according to one of the quotations below, can't remember who i copied it off from

"
For PBS dependents who do not qualify for ILR at the same time as the main PBS migrant because you haven't completed your two year probationary period:

- If you will complete your two years within the validity of your PBS dependent leave, you no longer need to apply for FLR(M), instead you will be able to apply directly for ILR on form SET(O) once you have completed your two years
- If your leave will expire before you complete your two years, you will need to apply for further leave on form FLR(M) and then for ILR on form SET(M) once you complete your two years. You will not be subject to the new minimum income thresholds but will be subject to the current 'adequate accomodation and maintenance' requirements."

Doesn't apply to you as your spouse did not apply for settlement under PBS route but under long residence.

As per immigration rules, you should have applied for FLR(M) leave instead of settlement using SET(M).

You should vary your SET(M) application to an extension application (FLRM)).
See varying an application.

Thanks for your reply.

Wow, I am one confused being atm. Anyway, I will sleep over it and then see how fresh the brain will become by tomorrow.

I have only just received my acknowledgement letter today, and money was taken out on 25.10.12.

Worst case scenario, if I am late in putting through the variation of application, what will be the outcome of my current application?

[geriatrix]

Should be returned as an invalid application.

[Greenie]

It won't be returned as invalid, it will just be refused.

[geriatrix]

Ah! There goes the application fees. But a better outcome in a way.

[meemyself&I]

Ah! There goes the application fees. But a better outcome in a way.

Thanks Sushdmehta, i will send new application for flr m tomorrow and then contact the other set m team to ask to vary my applications

[meemyself&I]

Ah! There goes the application fees. But a better outcome in a way.

Thanks Sushdmehta, i will send new application for flr m tomorrow and then contact the other set m team to ask to vary my applications

Apologies firstly as i do not know how to add the previous conversation as a link.

Anyway, i made a mistake by applying firstly for SET M, instead of applying for FLR M. After it was brought to my attention by senior members on here, i decided to vary my application within a week of sending the wrong application.

Now i have been granted the FLR M visa, and today i have received my documents back, included in the pack is my SET M application, with a writing on the payments section, which has now been stapled in as the front page to say "VOID".

In my opinion i made a variation within the timescale as the SET M was not yet decided.

Now i want to find out if i can get the £991.00 back, as they have not mentioned anything about it.

Any advice will be good.

[vinny]

Apologies firstly as i do not know how to add the previous conversation as a link, otherwise i would have done so, to give an understanding of previous conversation i had on here, with sushdmehta and someone else (can't remember the name now).

Anyway, i made a mistake by applying firstly for SET M, instead of applying for FLR M. After it was brought to my attention by senior members on here, i decided to vary my application within a week of sending the wrong application. I did not hear anything from them until i received my FLR M biometric card which was approved last week.

Now that i have been granted the FLR M visa, and today i have received my documents back, included in the pack is my SET M application which was sent in wrongly. On the payments section, which has now been stapled in as the front page, handwritten across this page it says "VOID".

In my opinion i made a variation within the timescale as the SET M was not yet decided. A new fee was deducted for the FLR M visa, even though i stated on a letter which was sent to them asking that they take the money from the £991.00 which has already been paid, and this is what the guidance advises as well.

Now i want to find out if i can get the £991.00 back, as they have not mentioned anything about it.

Any advice will be good.

[vinny]

If they have also taken payment for your FLR(M) variation, then I expect that you will be getting a refund of your initial SET(M) application.

A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.

[meemyself&I]

If they have also taken payment for your FLR(M) variation, then I expect that you will be getting a refund of your initial SET(M) application.

A person who varies their application does not have to pay an additional fee unless the new ground they want to be considered under has a higher fee than their original application. In this case, they must pay the difference between the original fee and the new higher fee.

Thanks, and sorry about the multiple post. will be mindful next time.

[Casa]

You've posted in a 3 year old thread!