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Hello everyone,

My wife just received an email from UKVI about her ILR application which she submitted at the end of November 2020:

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Dear XXXX

Ref: XXXX-XXXX-XXXX-XXXX

Thank you for your recent application to settle in the UK as the partner of a British Citizen. Your application has been made using form SET(M) for Indefinite Leave to Remain, which is considered according to the criteria laid down in Appendix FM of the Immigration rules.
However, we note from your immigration history that you have not completed any time under Appendix FM of the immigration rules.

You were initially granted entry clearance as a TIER 2 PARTNER from 12 Mar 2014 to 03 Jan 2015.
You then applied for limited leave to remain as Dependant Partner Applying With Relatives which was granted from 15 Dec 2014 to 18 Jan 2018.
Following this, you applied for limited leave to remain as limited leave to remain as Dependant Partner Joining Relatives which was granted from 05 Feb 2018 until 05 Feb 2021.
In your recent application on 30 Nov 2020, you applied for indefinite leave to remain as Spouse of XXXX XXXX under 5 year partner route of Appendix FM.

As such were your application to proceed it is highly unlikely that the application for settlement would succeed and result in a grant of Indefinite Leave to Remain. (ILR)
In order to qualify for Indefinite leave to Remain under Appendix FM you are required to complete either at least 60 months or 120 months of leave under this route, As stated in section E-ILRP.1.3 of Appendix FM below:
The applicant must, at the date of application, have completed a continuous period of either:

(a) at least 60 months in the UK with: (i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);
or
(b) at least 120 months in the UK with: (i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1. or D-ECP.1.2.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1. or D-LTRP.1.2.; or
(iii) a combination of (i) and (ii).

Accordingly, we would like to give you the opportunity to review your application.
If after you have reviewed the application you would like to submit a fresh application under a different route, please advise us of the decision within 14 days of the date of this email. We will hold the application submitted on 30/11/2020 until you have notified us that new application has been submitted before processing a refund fee minus an administration fee of £25.

If you chose to continue with the ILR SET(M) application or you do not reply within 14 days of the date of this email, your application will then be considered using the criteria laid down in Appendix FM.

We look forward to hearing for you.
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I am not really sure what is missing here. I was always under the impression that since I had a Tier 2 visa before getting my ILR and then the British Citizenship, my wife had been granted the limited leaves to remain as my partner, so her ILR would be under Set M.

She has been in the country since March 2014 with no breaks longer than 2 months (that happened once but clearly marked in the application along with all other short leaves). I am completely confused as to which part of appendix FM is not fitting along with our application.

Was Set M the wrong category to apply under or is there something else we have missed here?

Please can anyone guide us?

Thanks.

Set M was the wrong form. She needs FLR M visa for 5 years to apply for ILR on Set M.

She should have applied on form Set O if she has held a PBS dependent visa for 5 years.

You need to submit a Set O application and pay the ilr fees again. The previous fees should be refunded in a few weeks

Thanks CR001, as always for clarifying, I cant believe we made such a mistake! Anyhow, we will put in a fresh application under SET O. I guess apart from the £25 we will lose the biometric appointment fee and other sundry expenses which are small compared to the actual ILR fee.

Once we have submitted it, should we reply back on the same email to convey this info? Do you/anyone know if replies to that atlas email are acknowledged?

Once we have submitted it, should we reply back on the same email to convey this info?

Yes.

Do you/anyone know if replies to that atlas email are acknowledged?

No idea

Thanks again - the very first question under Set O is confusing:

Select a category in which you are applying for indefinite leave to remain.
(Required)

Tier 1 or Appendix W dependants

Tier 1 migrant

Skilled Worker or Tier 2 dependant

Skilled Worker or Tier 2

Bereaved partner

Representative of an overseas business

Retired person of independent means

UK ancestry

Global talent

Any other employment

Other purposes or reasons not covered by other application forms

Should I select Skilled Worker or Tier 2 dependant for her? and when further in the application asked for the visa the partner (British Citizen) has been granted - should we select Tier 2 (General) visa ??

Should I select Skilled Worker or Tier 2 dependant for her? and when further in the application asked for the visa the partner (British Citizen) has been granted - should we select Tier 2 (General) visa ??

Yes and yes.

Thank you!

One other thing please:

English language - degree taught in English, my wife did all her studies in India (up to masters) so I think they wont count. However, does her IELTS result from back in 2013/2014 done in India count - think it is only valid for 2 years but will they accept it for English language? or does she now need to sit the GESE Grade 5 (B1) exam?

She needs a new B1 English test.

Her old test is irrelevant and she didn't need to meet the English requirement for a tier 2 dependent visa.

Her foreign degree is irrelevant if it has lot been assessed by naric or whatever it is called now

Oh right, thanks for clarifying. I realised we cant even book her B1 exam as her BRP has expired in Feb (thats why we applied the SET M ILR in November) and her passport is with with Driving License Authority with no hope of return for another 4-6 weeks


I guess we could just reply to the Atlas email asking them to put the application on hold and we will submit a new one under Set O as soon as we can get the B1 test done.

Any suggestions?

"I guess we could just reply to the Atlas email asking them to put the application on hold and we will submit a new one under Set O as soon as we can get the B1 test done."

If her post graduation has been taught in English then you can apply for uknaric which is now www.ecctis.com
for that you need 1.Your Degree certiticate 2. Final marks memo 3. The letter issued by the college / affiliated university stating that the subjects has been taught in English.

If it is approved by UKNARIC then you do not need to give B1 exam.

Thanks nicdee001, I looked at that option but we dont have the letter issued by the college / affiliated university stating that the subjects have been taught in English. Given the Covid situation in India there is no hope of being able to get it anytime soon

tier2_applicant wrote: ↑

Tue May 18, 2021 5:00 pm

Thanks nicdee001, I looked at that option but we dont have the letter issued by the college / affiliated university stating that the subjects have been taught in English. Given the Covid situation in India there is no hope of being able to get it anytime soon

Yes understood , just for info. you do not need the hard copy of the letter , just a scan copy or email also will do and also ecctis will accept the email directly from the college or university or registrar of the exams.

hi,

We managed to get the driving license back from DVLA in time to book and pass the B1/Level5 test. Following this we logged a new application under Set O yesterday.

we have now replied back on the atlas email (from where we originally received the case worker's advice to review our application in 2 weeks window) however there has been no response from them and the reply email is atlasnotifcations.notmonitored@homeoffice.gsi.gov.uk - the not monitored part in the email makes me worry if they will see my reply about the new application /acknowledge that refund minus the admin fee will be processed

in their email they said:

If after you have reviewed the application you would like to submit a fresh application under a different route, please advise us of the decision within 14 days of the date of this email. We will hold the application submitted on 30/11/2020 until you have notified us that new application has been submitted before processing a refund fee minus an administration fee.

they asked to advise them - I dont have any other channel but the email to reply back to but not sure if it has worked.

Has anyone experienced something similar/ got any advice?

Calling the ILR helpline did not prove to be much help as they only advised to wait and could not advise about anything.

Hi there. I have just received a nearly identical message to yours after submitting my applicatio for ILR.

I was so sure that SET(M) was the right application for ILR for a dependent. Could I please ask, have you now been successful with your application under SET(O)? Thank you so much, I wish you all the best.