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UK dependent visa confusing email from UKVI

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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Sukrs
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UK dependent visa confusing email from UKVI

Post by Sukrs » Fri Jun 11, 2021 10:03 pm

Hi, I have applied for ILR under the 5yr dependent route using set(m) form.

My husband got his ILR under tier 2 general 5 year route in Feb 2019 and he got his British citizenship in Sept 2020.

I first entered the UK on May 2015 under tier 2 dependent visa category.

Application submitted open Nov 2020 and
biometrics enrolled in Dec 2020

I have received following email from home office case worker on 29th apr 2021 but unfortunately their email landed in my spam folder so I only noticed it at a later date. I’m not sure what this means and what the next course of action will be or what my options are

“Dear Ms xxxxxxx
Thank you for your recent application to settle in the UK as the partner of a British Citizen. Your application has been made using form SET(M) for Indefinite Leave to Remain, which is considered according to the criteria laid down in Appendix FM of the Immigration rules.
However, we note from your immigration history that you have not completed any time under Appendix FM of the immigration rules.
• You were initially granted entry clearance as a Tier 2 SW Dependent Partner from 22 August 2016 to 02 October 2019.
• You then applied for an additional period of Leave to Remain as a Tier 2 SW Dependent Partner which was granted from 11 October 2019 to 11 October 2022.

As such were your application to proceed it is highly unlikely that the application for settlement would succeed and result in a grant of Indefinite Leave to Remain. (ILR)
In order to qualify for Indefinite leave to Remain under Appendix FM you are required to complete either at least 60 months or 120 months of leave under this route, As stated in section E-ILRP.1.3 of Appendix FM below:
The applicant must, at the date of application, have completed a continuous period of either:

(a) at least 60 months in the UK with: (i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);
or
(b) at least 120 months in the UK with: (i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1. or D-ECP.1.2.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1. or D-LTRP.1.2.; or
(iii) a combination of (i) and (ii).
Accordingly, we would like to give you the opportunity to review your application.
If after you have reviewed the application you would like to submit a fresh application under a different route, please advise us of the decision within 14 days of the date of this email. We will hold the application submitted on date until you have notified us that new application has been submitted before processing a refund fee minus an administration fee of £25.
If you chose to continue with the ILR SET(M) application or you do not reply within 14 days of the date of this letter, your application will then be considered using the criteria laid down in Appendix FM.
If you are unclear about what your choices are, you are strongly urged to consult with an accredited Immigration Adviser for further guidance and to ensure that you still have leave to remain in the country.
You might find the following link from the Gov.​UK helpful which are in no way is intended as advice and I do urge you to consult with an accredited Immigration Adviser to discuss this email and your options.
https://www.gov.uk/find-an-immigration-adviser
We look forward to hearing for you.“

I have reached out to my MP to communicate with home office on this and have also drafted a letter and sent it to them.

Can somebody please explain to me what this email means? What have i done wrong? What are the next steps? Will home office be flexible on 14 day response time as their email went straight in my spam folder and I missed it?

Note that I have highlighted in my communication to them that they have got my first entry wrong. It was 2015 and they have written 2016 in their mail.

Please help as I’m worried that I’ll loose my £2.2k fees due to no fault of mine.

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CR001
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Re: UK dependent visa confusing email from UKVI

Post by CR001 » Fri Jun 11, 2021 10:13 pm

You applied using the wrong form. You cannot use form SET M if you hold a tier 2 dependent visa.

You should have applied using form SET O.

The email means they were giving you an opportunity to apply using the correct form within 14 days. If you did not and they don't hear from you, they will decide your application Based on the form used and you won't get ilr but will be put on the FLR fp 10 year route visa.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

manci
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Re: UK dependent visa confusing email from UKVI

Post by manci » Sat Jun 12, 2021 8:12 pm

CR001 wrote:
Fri Jun 11, 2021 10:13 pm
You should have applied using form SET O.
If the OP hasn't received a decision yet can't she submit a SET(O) application now which would
vary (replace) her SET(M) application?
Personal opinion, not professional or legal advice

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zimba
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Re: UK dependent visa confusing email from UKVI

Post by zimba » Sat Jun 12, 2021 11:27 pm

manci wrote:
Sat Jun 12, 2021 8:12 pm
CR001 wrote:
Fri Jun 11, 2021 10:13 pm
You should have applied using form SET O.
If the OP hasn't received a decision yet can't she submit a SET(O) application now which would
vary (replace) her SET(M) application?
Yes. The act of applying for a new SET(O) will be considered as a variation by default. UKVI is given the OP time to make that application
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Sukrs
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Re: UK dependent visa confusing email from UKVI

Post by Sukrs » Wed Jun 16, 2021 2:18 pm

Hi,

Just to provide an update. I called home office again to u understand what my options were. After they confirmed with me that I had not received a decision from home office on my set (m) application, I could use the “vary your immigration application” option on the gov.uk website and re-apply using set (o). As part of the application I disclosed my existing application UAN so the case worker knows I have reapplied under the correct form and the old fee should be refunded. Booked my biometrics for 13th July 2021 under priority service. Would anybody be able to guide me on how I can follow up on the refund process ?

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zimba
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Re: UK dependent visa confusing email from UKVI

Post by zimba » Wed Jun 16, 2021 2:47 pm

Refunds are automatic
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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