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Settlement qualification

Posted: Wed Sep 07, 2022 6:33 pm
by Sweth85
Hi there,
I got my settlement through the dependant route, my partner got his ILR last year using the 5 year skilled worker route and I have been his dependant for 5 years (expired august 19 2022). But I got an email from home office stating the below:
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:

TIER 2 ICT LONG TERM STAFF MIGRANT
Application date: 31 Aug 2011
Issue – 02 Sep 2011 – 17 Oct 2014

T2 SW – ICT (Long Term)
Application date: 15 Aug 2014
GRANT L.T.R. – 05 Sep 2014 – 0 Joining Relatives
Application date: 16 Sep 2016
GRANT L.T.R. – 27 Sep 2016 – 14 Aug 2019

T2 SW – Dep Partner Joining Relatives
Application date: 19 Jun 2019
GRANT L.T.R. – 03 Jul 2019 – 24 Dec 2020

Tier 2 – LTR – General
Application date: 26 Oct 2020
Grant – 07 Dec 2020 – 19 Aug 2022

Settlement
Application date: 09 May 2022

As you have not done any time on Appendix FM route the Home Office would like 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

Bit confused, any insights?
Many thanks,
S

Re: Settlement qualification

Posted: Wed Sep 07, 2022 6:37 pm
by CR001
Which form did you complete, SET M and if so, why?

A PBS dependents applies for ilr on form SET O and 5 continuous years on a PBS dependent visa.

Based on what you posted, you cannot combine dependent and tier 2 General main visa to make up 5 years for ilr.

Re: Settlement qualification

Posted: Wed Sep 07, 2022 6:52 pm
by Sweth85
Hi there,
Thanks for the response. My brp card says pbs dependant, I am not sure where they have got the SW from? Could I refute that?
Would they take a form (o) now?

Many thanks

Re: Settlement qualification

Posted: Wed Sep 07, 2022 6:53 pm
by CR001
They are offering you a chance to submit the correct form so yes, apply on form SET O. You will have to pay the fees again.

Still unclear why you applied on from SET M or whichever incorrect form it is you applied on

Re: Settlement qualification

Posted: Wed Sep 07, 2022 7:01 pm
by Sweth85
Thanks very much for your response. One quick question - would it be worth asking the home office contact about the sw and dependant mix up?

Re: Settlement qualification

Posted: Wed Sep 07, 2022 7:03 pm
by CR001
You choice if you want to, it could simply be a typo.

Re: Settlement qualification

Posted: Wed Sep 07, 2022 7:26 pm
by Sweth85
Thanks. For my daughter who is a 4 year old dependant. Would it be form (

Re: Settlement qualification

Posted: Wed Sep 07, 2022 7:41 pm
by CR001
Set O. One form for both of you but 2 x ILR fees.

If she was born in the UK, she doesn't need ilr and can apply for British citizenship directly.