ILR APPLICATION OR DEPENDENT

[Allwyn]

Hello Everyone,
i have applied my wife's ILR on 20/04/20, her visa was due to expire on 21/04/20.she was on tier 2 dependent visa. i got my ILR on 04/2019. i have applied SET (M) for my wife. some of my friends said that i made wrong application and i supposed to do SET(O) application. my question is, will home office refuse my wife 's ILR . is anyone have a clue about this topic.
my second question is can i make new application for SET(O), if so will they refused on the base of overstay as her visa expired on 21/04/20.if they accept SET (O) , will they refund the fees i have paid for SET(M) application and how can i apply for refund.if anyone know's about kindly reply.

Many Thanks

[zimba]

Hello Everyone,
i have applied my wife's ILR on 20/04/20, her visa was due to expire on 21/04/20.she was on tier 2 dependent visa. i got my ILR on 04/2019. i have applied SET (M) for my wife. some of my friends said that i made wrong application and i supposed to do SET(O) application. my question is, will home office refuse my wife 's ILR . is anyone have a clue about this topic.
my second question is can i make new application for SET(O), if so will they refused on the base of overstay as her visa expired on 21/04/20.if they accept SET (O) , will they refund the fees i have paid for SET(M) application and how can i apply for refund.if anyone know's about kindly reply.

Many Thanks

Yes, you made a mistake using the wrong form. You must have applied using form SET(O) as she is under the PBS route. You should apply under SET(O) again (this will be a variation and so no overstaying) and your previous fees paid will be later refunded.

[Allwyn]

Hello ,
Thanks for your reply Zimba. if i applied for variation, set(o), will home office refund the money automatically or do i need to request for a refund.can i directly apply for set(o) or any different application for variation. will i need to mention all these in second application or do i need to write a cover letter.if anyone can help on these subject kindly reply.

Many Thanks

[zimba]

Hello ,
Thanks for your reply Zimba. if i applied for variation, set(o), will home office refund the money automatically or do i need to request for a refund.can i directly apply for set(o) or any different application for variation. will i need to mention all these in second application or do i need to write a cover letter.if anyone can help on these subject kindly reply.

Many Thanks

Refund is automatic. Apply as normal for SET(O). You may include a cover letter

[Allwyn]

HI,
Thanks for your reply Zimba. After i applied for set(o), can i cancel/ withdraw the existing application , ie set(m), which i have made before her visa expiry.will that be problem ? kindly reply.

[zimba]

HI,
Thanks for your reply Zimba. After i applied for set(o), can i cancel/ withdraw the existing application , ie set(m), which i have made before her visa expiry.will that be problem ? kindly reply.

No. You need to wait so that the SET(O) is considered a variation of the previous application