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WHAT SHOULD I DO?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Meddex
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WHAT SHOULD I DO?

Post by Meddex » Fri Nov 27, 2020 8:59 pm

Hi everyone,

I applied for ILR in January as a spouse o a British citizen but looking at the form I submitted now I realised that I submitted a Set (O) form, I checked on HO website now and it says form set (O) should never be used to apply for ILR as a spouse of a British citizen.

Have I done anything wrong?

Application submitted in January
No letter or any form of communication from the HO
I went through the MP and they said my application has complex issues that there's no timescale to when they will respond.

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CR001
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Re: WHAT SHOULD I DO?

Post by CR001 » Fri Nov 27, 2020 9:04 pm

You should have applied in form SET M. a set O apllicsiron will fail as you need 5 years in PBS dependent visa to qualify for set o.
Char (CR001 not Casa)
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Meddex
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Re: WHAT SHOULD I DO?

Post by Meddex » Fri Nov 27, 2020 9:09 pm

What can I do?

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CULLINAN
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Re: WHAT SHOULD I DO?

Post by CULLINAN » Fri Nov 27, 2020 9:24 pm

Do you have valid leave atm? Or your current visa is expired? Have you already submitted biometrics? I am assuming you have.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Meddex
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Posts: 6
Joined: Thu Nov 26, 2020 7:19 am
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Re: WHAT SHOULD I DO?

Post by Meddex » Mon Nov 30, 2020 10:12 am

Yes, I have a valid visa. I have done the biometric and because I submitted the application before my stay ran out, I'm covered by the section 3C of immigration act 1971.

What I can do to solve the issue of wrong form submission, I have applied since January and the only response I got from them is "my application has complex issues"

Please help!

Thanks.

Meddex
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Posts: 6
Joined: Thu Nov 26, 2020 7:19 am
Nigeria

Re: WHAT SHOULD I DO?

Post by Meddex » Mon Nov 30, 2020 10:15 am

CULLINAN wrote:
Fri Nov 27, 2020 9:24 pm
Do you have valid leave atm? Or your current visa is expired? Have you already submitted biometrics? I am assuming you have.
Yes, I have a valid visa. I have done the biometric and because I submitted the application before my stay ran out, I'm covered by the section 3C of immigration act 1971.

What I can do to solve the issue of wrong form submission, I have applied since January and the only response I got from them is "my application has complex issues"

Please help!

Thanks.

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CULLINAN
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Re: WHAT SHOULD I DO?

Post by CULLINAN » Mon Nov 30, 2020 12:32 pm

If you have a valid current visa, you can withdraw your application and submit a new application on SET(O). Your application on SET(M) is invalid anyways as it not submitted on the correct form.

Usually the CW gives an option to submit on the right form later on which may happen in due course.

Note: Now I am not sure if you will get a refund if you withdraw your application as you have submitted biometrics. In that case the best would be to wait patiently and hope the CW will offer you to submit the application again on the correct form.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Meddex
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Re: WHAT SHOULD I DO?

Post by Meddex » Mon Nov 30, 2020 12:37 pm

CULLINAN wrote:
Mon Nov 30, 2020 12:32 pm
If you have a valid current visa, you can withdraw your application and submit a new application on SET(O). Your application on SET(M) is invalid anyways as it not submitted on the correct form.

Usually the CW gives an option to submit on the right form later on which may happen in due course.

Note: Now I am not sure if you will get a refund if you withdraw your application as you have submitted biometrics. In that case the best would be to wait patiently and hope the CW will offer you to submit the application again on the correct form.
Should the application be submitted on SET (O) or SET (M)?. I applied for ILR as a partner of a British citizen and I summited the application on SET (O).

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CULLINAN
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Re: WHAT SHOULD I DO?

Post by CULLINAN » Mon Nov 30, 2020 12:37 pm

Meddex wrote:
Mon Nov 30, 2020 12:37 pm
CULLINAN wrote:
Mon Nov 30, 2020 12:32 pm
If you have a valid current visa, you can withdraw your application and submit a new application on SET(O). Your application on SET(M) is invalid anyways as it not submitted on the correct form.

Usually the CW gives an option to submit on the right form later on which may happen in due course.

Note: Now I am not sure if you will get a refund if you withdraw your application as you have submitted biometrics. In that case the best would be to wait patiently and hope the CW will offer you to submit the application again on the correct form.
Should the application be submitted on SET (O) or SET (M)?. I applied for ILR as a partner of a British citizen and I summited the application on SET (O).
Opps sorry. Yes I mean the correct form is SET(M). It was a mistype.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

Meddex
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Posts: 6
Joined: Thu Nov 26, 2020 7:19 am
Nigeria

Re: WHAT SHOULD I DO?

Post by Meddex » Mon Nov 30, 2020 3:01 pm

CULLINAN wrote:
Mon Nov 30, 2020 12:37 pm
Meddex wrote:
Mon Nov 30, 2020 12:37 pm
CULLINAN wrote:
Mon Nov 30, 2020 12:32 pm
If you have a valid current visa, you can withdraw your application and submit a new application on SET(O). Your application on SET(M) is invalid anyways as it not submitted on the correct form.

Usually the CW gives an option to submit on the right form later on which may happen in due course.

Note: Now I am not sure if you will get a refund if you withdraw your application as you have submitted biometrics. In that case the best would be to wait patiently and hope the CW will offer you to submit the application again on the correct form.
Should the application be submitted on SET (O) or SET (M)?. I applied for ILR as a partner of a British citizen and I summited the application on SET (O).
Opps sorry. Yes I mean the correct form is SET(M). It was a mistype.
Thank you Cullinan!

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