Incorrect Application Type Email from UKVI - SET (O)

Dear All,

Need some advice. My husband is a British Citizen since 2011. I came to UK in 2015 on a spouse visa and got the extension (five year partner route) in 2018.

I applied for ILR last month using SET (O) and submitted the biometrics today. Since then, received an email this afternoon from an agent stating I have used incorrect application and that I need to be submitting a new application under the correct application type. They said once my new application has been submitted they will review my current application for a refund of application fee.

1. Should my application form be Set (M)?
2. Since my existing visa ended 1st of May, will there be any trouble that I will be making the resubmission using a different form?

Many thanks for your help.

1. Yes, Set M is the correct form. You will have to pay the fee again though.

2. No.

Thanks for the prompt reply @CR001. Much appreciated.

Do I have to wait for UKVI to withdraw the application or I just apply using the SET (M) form?

No, if an application is withdrawn you become an overstayer.

Just apply and pay on the correct form.

Thanks @CR001. Will do