Family ILR returned, need guidance please

[zainzain1980]

Hi
Could some help with below as i am a bit confused.

My family applied for ILR recently, was on dependent visa (i came via Tier 2 and now British Citizen). Unfortunately application has been returned by home office. I am a bit confused and would appreciate expert input

Email says '' You applied for Leave to Enter as a Tier 2 Partner on 11 Jan 2018 which was granted from 18 Jan 2018 to 6 Apr 2022.
You applied for Leave to Remain as a Tier 2 Dependant Partner on 16 Feb 2022 which was granted from 23 Feb 2022 to 23 Feb 2025.
You applied for Indefinite Leave to Remain as a Spouse on 18 Jan 2023.

As you have not done enough time on route the Home Office would like to offer you the chance to make another application to extend your leave within the United Kingdom. In order to do this we will need you to resubmit a new application with another team.

As you currently have valid leave until 23 Feb 2025 you do not need to make another application to extend your stay until then. If you wish to withdraw your application and not make another at this point, please tell us''

My family moved to UK in 1st week of Feb 2018 and has been here since then

1. I am a bit confused after reading this email. Do they mean we applied a month earlier ?
2. Should we just withdraw and reapply again now as over 5 years residence in UK now.

Many thanks for your help
This Forum is amazing and have personally benefited from it in the past
Regards

[meself2]

You applied for Leave to Remain as a Tier 2 Dependant Partner on 16 Feb 2022 which was granted from 23 Feb 2022 to 23 Feb 2025.
You applied for Indefinite Leave to Remain as a Spouse on 18 Jan 2023.

How did she apply for ILR? As a T2 dependent (as she should've) or as a spouse of settled person (different route entirely)?

[CR001]

Which form did you complete for dependent ILR? Form Set(O) or form Set(M)??

What does the rest of the correspondence say, there would have been more such as immigration rules etc.

[zainzain1980]

Which form did you complete for dependent ILR? Form Set(O) or form Set(M)??

What does the rest of the correspondence say, there would have been more such as immigration rules etc.

Thanks for the reply
Rest of email '' You have submitted an indefinite leave to remain application as the spouse of a settled person, this application will be assessed under Appendix FM of the Immigration Rules.

Having assessed your immigration history, the Home Office has deemed the application you have submitted as incorrect. To be granted indefinite leave to remain you must have completed 5 years under paragraph D-LTRP.1.1 of the Appendix FM route.

Please see your immigration history below:
You applied for Leave to Enter as a Tier 2 Partner on 11 Jan 2018 which was granted from 18 Jan 2018 to 6 Apr 2022.
You applied for Leave to Remain as a Tier 2 Dependant Partner on 16 Feb 2022 which was granted from 23 Feb 2022 to 23 Feb 2025.
You applied for Indefinite Leave to Remain as a Spouse on 18 Jan 2023.
As you have not done enough time on route the Home Office would like to offer you the chance to make another application to extend your leave within the United Kingdom. In order to do this we will need you to resubmit a new application with another team.

As you currently have valid leave until 23 Feb 2025 you do not need to make another application to extend your stay until then. If you wish to withdraw your application and not make another at this point, please tell us.

[CR001]

You applied using the wrong form. Your dependent does not qualify for ILR on form SET(M) - Spouse of a person settled/British citizen.

You should have applied on form SET(O) which is for PBS and PBS dependent visa holders.

[zainzain1980]

You applied for Leave to Remain as a Tier 2 Dependant Partner on 16 Feb 2022 which was granted from 23 Feb 2022 to 23 Feb 2025.
You applied for Indefinite Leave to Remain as a Spouse on 18 Jan 2023.

How did she apply for ILR? As a T2 dependent (as she should've) or as a spouse of settled person (different route entirely)?

Thanks for your reply
I used the following link
https://www.gov.uk/indefinite-leave-to- ... -work-visa

[zainzain1980]

You applied using the wrong form. Your dependent does not qualify for ILR on form SET(M) - Spouse of a person settled/British citizen.

You should have applied on form SET(O) which is for PBS and PBS dependent visa holders.

I am a british national now. Would this be still SET 0 application
is this the correct link --> https://visas-immigration.service.gov.uk/product/set-o

Many thanks for your reply
BW

[CR001]

You applied using the wrong form. Your dependent does not qualify for ILR on form SET(M) - Spouse of a person settled/British citizen.

You should have applied on form SET(O) which is for PBS and PBS dependent visa holders.

I am a british national now. Would this be still SET 0 application
is this the correct link --> https://visas-immigration.service.gov.uk/product/set-o

Many thanks for your reply
BW

Yes.

The form she applies on is dependent on her visa category not your current status.

[zainzain1980]

Many thanks
That's very helpful

BW

[AmazonianX]

You applied using the wrong form. Your dependent does not qualify for ILR on form SET(M) - Spouse of a person settled/British citizen.

You should have applied on form SET(O) which is for PBS and PBS dependent visa holders.

I am a british national now. Would this be still SET 0 application Yes, as that was the pathway you followed. SET M is for those on spouse route from beginning or 5yrs
is this the correct link --> https://visas-immigration.service.gov.uk/product/set-o

Many thanks for your reply
BW

[zainzain1980]

Many thanks
Much appreciated
Will re-apply using Set 0 application

BW

[zainzain1980]

HI CR001

Many thanks for your previous replies

My wife have received the below reply from HMRC.
I am assuming she can now re-apply for ILR via Set(O) application form now. Is this correct? she has completed over 5 years stay in UK now

You have stated in your email that you consent to withdrawing your application for Settlement on the Appendix FM 5-year Partner route. Your application is therefore recorded as withdraw. This means that you have extant leave until 23 Feb 2025.


BW

[CR001]

Yes, she can reapply if she meets all the requirements. You will have to pay the fee again.

[zainzain1980]

Yes, she can reapply if she meets all the requirements. You will have to pay the fee again.

Many thanks for your replies.

One last question. Is there any difference in Tier 2 partner or Tier 2 Dependent Partner application as stated in the first email by HMRC as below.
" You applied for Leave to Enter as a Tier 2 Partner on 11 Jan 2018 which was granted from 18 Jan 2018 to 6 Apr 2022.
You applied for Leave to Remain as a Tier 2 Dependant Partner on 16 Feb 2022 which was granted from 23 Feb 2022 to 23 Feb 2025

BW

[CR001]

No difference, same visa.

[zainzain1980]

No difference, same visa.

Cheers
Lots of wishes
KR