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Applied for Set(LR) instead of Set(M)

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

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Bucki
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Posts: 183
Joined: Fri Feb 21, 2014 6:13 pm

Applied for Set(LR) instead of Set(M)

Post by Bucki » Sat Jun 26, 2021 7:14 pm

Hi all

A friend of mine has applied for Set LR instead of Set M. Dont ask why or how it happened, he tried to do it by himself and made a huge mistake.

Anyway, he already applied few months ago and now HO send am email saying you dont fulfil the criteria for 10 years route as you been only 5 and half. They also asked to send further application …. see attached photo.

Question is; there is no link where he can update the application or to make changes. There is also no guide how to proceed.

Does it mean, he has to submit a fresh application and pay all the fees again?

Please advise.
Attachments
B3C4C8DF-C192-424F-AE06-1BED50D3D85E.jpeg
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CR001
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Re: Applied for Set(LR) instead of Set(M)

Post by CR001 » Sat Jun 26, 2021 7:24 pm

He needs to apply online using form SET M and will have to pay the ILR fees again.
Char (CR001 not Casa)
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Bucki
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Posts: 183
Joined: Fri Feb 21, 2014 6:13 pm

Re: Applied for Set(LR) instead of Set(M)

Post by Bucki » Sat Jun 26, 2021 7:55 pm

CR001 wrote:
Sat Jun 26, 2021 7:24 pm
He needs to apply online using form SET M and will have to pay the ILR fees again.
Really???? Wow.
On other hand why do they say “we like to give you the opportunity to review your application…”

Does it not imply, to make adjustments.

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CR001
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Re: Applied for Set(LR) instead of Set(M)

Post by CR001 » Sat Jun 26, 2021 7:58 pm

He needs to make a new application.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Bucki
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Joined: Fri Feb 21, 2014 6:13 pm

Re: Applied for Set(LR) instead of Set(M)

Post by Bucki » Sat Jun 26, 2021 8:02 pm

CR001 wrote:
Sat Jun 26, 2021 7:58 pm
He needs to make a new application.
Understood!
And there is no way for HO to allow you make new application but use the fees on previous wrong application?

secret.simon
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Re: Applied for Set(LR) instead of Set(M)

Post by secret.simon » Sun Jun 27, 2021 4:03 am

Bucki wrote:
Sat Jun 26, 2021 7:55 pm
Really???? Wow.
On other hand why do they say “we like to give you the opportunity to review your application…”
The caseworker is giving the applicant (your friend) a chance to review their application by submitting an application more suited to their circumstances before the first application (SET(LR)) is assessed (and rejected). This is called variation and that is how your friend can adjust their application with the Home Office.

The caseworker is giving your friend notice and time (the 14 days mentioned in the email) to review their application (i.e. reassess the faults and failures in their first application) and vary their application to another form of LR/ILR if need be.

Your friend needs to reapply on the correct form (SET (M)) within the time stated in that email.

Submitting a second application while the first one is in progress with the Home Office is called a variation and one needs to pay the full fees for it, alongside the second application, for the second application to be considered valid. They should get a refund of the fees for the original application eventually (but there is no specific timeframe for this) and automatically.
Validation, variation and withdrawal of applications caseworker guidance wrote:(Page 18)

When the original and variation applications are made online, the applicant will have paid 2 fees.You must refund the fee for the first application.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Bucki
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Posts: 183
Joined: Fri Feb 21, 2014 6:13 pm

Re: Applied for Set(LR) instead of Set(M)

Post by Bucki » Mon Jul 05, 2021 5:35 pm

Dear Simon

Thank you for your feedback.
It is very nice to know that they would refund for the original application.

My friend replied to the email in hope they would amend the application but obviously this is not the case! My friend needs to submit a SET M application instead.

Now, what about the Biometric finger prints?
Does he bave to book a new appointment ?

If so, it may have an appointment in few weeks time and it wont fit within 14 days.

Are the 14 days weekdays or inc weekends?
Also, is it important only for the SetM to be applied within 14 days and the finger prints at another time?

Cheers

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