ILR Set(M) declined due to wrong form

Hi,

I had applied for my ILR in Sep 2023 under Set(M). I am on Tier 2 Dependent visa from Aug 2018 to Sep 2024. My husband was on Tier 2 General from 2015 to 2020 and became British citizen in 2022. I got an email today from Home office stating that:

You have submitted an indefinite leave to remain application as the spouse of a settled person, this application will be assessed under Appendix FM (5-year route) of the Immigration Rules.
Having assessed your immigration history, the Home Office has deemed the application you have submitted as incorrect.

As you have not done enough time on route, the Home Office would like to 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.
If you choose to submit another application, please inform us and we will get your current application varied and refunded. You will receive a full refund should you choose to vary your application.


1) Does anyone know how to get the current application varied?
2) When I start filling Set(O) it asks "Do you currently have an application with the Home Office for leave to remain for which you have not yet received a decision?" -- What is the correct answer to this question?
3) What is the correct category to apply ILR on Set(O) -- (a) Skilled Worker, Tier 2 or International Sportsperson dependant (b) Adult Dependent Relative (family route)
4) When submitting the Set(O) do I need to refer the existing Set(M) form? -- If yes, what do I need to write?
5) Which visa is Mr Husband applying for or been granted (also need VAF, GWF number)? -- Does this refer to my husband's Tier 2 application number back from 2015?
6) Do you have any Home Office reference numbers? (Required) If you have previously made an application to remain in the UK, you can find a reference number on letters from the Home Office, called 'Our Ref' or 'Case ID' -- Should I submit the current application number?
7) Can I travel to India after submitting the variation to the current SetM application?

You used the wrong form. You don't hold a visa that qualifies to use form SET(M).

1) Does anyone know how to get the current application varied?

Complete form SET(O). You will have to pay again.

2) When I start filling Set(O) it asks "Do you currently have an application with the Home Office for leave to remain for which you have not yet received a decision?" -- What is the correct answer to this question?

You answer yes.

3) What is the correct category to apply ILR on Set(O) -- (a) Skilled Worker, Tier 2 or International Sportsperson dependant (b) Adult Dependent Relative (family route)

option a) as that is the visa you hold. Option b) is a very specific visa, not relevant to you.

4) When submitting the Set(O) do I need to refer the existing Set(M) form? -- If yes, what do I need to write?

You answer the question in the application form as answered above.

5) Which visa is Mr Husband applying for or been granted (also need VAF, GWF number)? -- Does this refer to my husband's Tier 2 application number back from 2015?

Not sure how to answer this, but yes, or if ILR is an option, then that.

6) Do you have any Home Office reference numbers? (Required) If you have previously made an application to remain in the UK, you can find a reference number on letters from the Home Office, called 'Our Ref' or 'Case ID' -- Should I submit the current application number?

Yes, fine plus any others.

7) Can I travel to India after submitting the variation to the current SetM application?

No. If you leave the UK, your application will be considered withdrawn and you lose your fee(s) paid.

Not sure how you missed the detail you get given before applying on SET(M). It clearly states which visa holders the form is for. PBS Dependent is not one of the categories.

https://visas-immigration.service.gov.u ... 1690040420

Do not use this form if:

your current leave to remain is as a partner or parent on the 10 year family route. This means you have had permission to stay in the UK for at least 10 years. Applications for settlement on that route will open on 20 June 2022 when the new ‘Settlement as a partner or parent’ and ‘Settlement as a child (including a child aged over 18 already in the UK as a dependent)’ forms will be available on the gov.uk website
your current leave to remain is as the partner of a PBS migrant, you have completed 5 years in the UK under this route, and you want to apply for settlement using this route. Instead you should apply using form SET(O)

Thanks CR0001 for the quick response

5) Which visa is Mr Husband applying for or been granted (also need VAF, GWF number)? -- Does this refer to my husband's Tier 2 application number back from 2015?

Not sure how to answer this, but yes, or if ILR is an option, then that.

I have the option to enter (a) 2015 - Tier 2 General form (b) 2020 - ILR application form (c) 2022 -- Naturalization form -- which one is most suitable for this?

ILR. The question is not important really as UKVI obviously has your details and you reference your previous CoS in the form etc.

Just an update on this. I have now received my ILR. Applied in Set(O) and Super Priority appointment.

I sympathise wholeheartedly with the OP...

My wife just submitted her ILR application, but we think used the wrong form...

On searching "Apply for ILR Visa" the first/top result was for 'Private Life' - didn't see any mention of 'When (not) to use this form...'! We think she should have used 'Partner of a British Citizen...'!
Only after submitting were we in doubt, due to the minimal evidence requested to support the application!

Now a nervous wait to see what UKVI say/suggest...

There HAS TO BE a better way...?

I KNOW...

We used the wrong form to apply for my Wife's ILR, because 'Private Life' was the first search result and it wasn't clearly stated when/when not to use the form!

=== As an aside, if the OP is still monitoring this thread - how long - AFTER you submitted your Biometrics to UKVCAS - did it take UKVI to notify you that you had used the wrong form online?

DeejayUK wrote: ↑

Thu Apr 18, 2024 4:35 pm

I KNOW...

We used the wrong form to apply for my Wife's ILR, because 'Private Life' was the first search result and it wasn't clearly stated when/when not to use the form!

=== As an aside, if the OP is still monitoring this thread - how long - AFTER you submitted your Biometrics to UKVCAS - did it take UKVI to notify you that you had used the wrong form online?

Just noticed the datestamp on the Post... 5 MONTHS (Sept. '23 to Feb. '24) from submission to notification... AAARRRGGGHHH!!!