Need Urgent Help - FILLED SET (M) INSTEAD OF SET (O)

Hi Friends,

I applied for ILR on 25/2/2021. Through PBS dependent route. I was on PBS dependent for last 5 years and Tier 2 partner a year before that. Today I have received a query from home office to review my application as it is highly unlikely to get the ILR granted on this as I have not completed prerequisite time. I have checked and my prerequisite time is solid. But i just realised that I should have filled SET O form however I applied using SET M. Below is the exact wording I have received from home office.

########### Thank you for your recent application to settle in the UK as the partner of a British citizen. Your application has been made using a SET(M) application form for Indefinite Leave to Remain, which is considered according to the criteria laid down in Appendix FM of the Immigration rules.

From a review of your immigration history it would appear that you have not completed any requisite time on our route to settlement, as such were your application to proceed it is highly unlikely that it would succeed and result in a grant of Indefinite Leave to Remain. Accordingly, we would like to give you the opportunity to review your application. If after you have reviewed your application you would like us to reject it to allow you to submit a further application on the correct route please advise us as soon as possible.

If you advise us that you have decided to withdraw the application we will refund the application fee, a minus rejection administration fee of £25 per applicant.

If you choose not to have your Set(M) application rejected or do not reply within 07 days of the date of this email, 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.

We look forward to hearing for you.

If we do not receive anything within 07 days we will make a decision on the information we already have.

Please send your reply electronically to UKVISETM@homeoffice.gov.uk #######################



based on this can someone please guide me how to respond them should i place a fresh application and reply on this email with the reference number of new application with an apology about the mistake made.

or what should be the course of action.

any response would be appreciated thanks.

Kind Regards

Apply for a fresh SET(O) and request a variation from SET(M) to SET(O)

Hi Thankyou so you mean I should apply immediately with the SET O and on the email I have received from homeoffice I should request them for variation from set M to set O? will they also refund me my previous fees in that case?

saadali09241 wrote: ↑

Thu Jul 29, 2021 6:59 pm

Hi Thankyou so you mean I should apply immediately with the SET O and on the email I have received from homeoffice I should request them for variation from set M to set O? will they also refund me my previous fees in that case?

Yes. Let them know that you want a variation and your SET(O) must be considered. A refund may or may not be given

Thanks I have replied to thier email for variation from Set m to set O. This time I have applied super priority and booked the biometrics after 3 weeks. Will they give decision on same day?

saadali09241 wrote: ↑

Mon Aug 02, 2021 4:38 pm

Thanks I have replied to thier email for variation from Set m to set O. This time I have applied super priority and booked the biometrics after 3 weeks. Will they give decision on same day?

Hopefully. There is no guaranteed service.

Hi today i received following reply which i dont understand.

"It is noted that you have now submitted an application for limited leave to remain on 01 August 2021 will be considered in due course

A refund of your application for indefinite leave to remain will now be processed and will show in your account within 28 days.

Marriage & Family Casework – Manchester
UK Visas and Immigration"

Why are they saying Limited Leave to remain? My application is for ILR.

These messages are not accurate. They probably meant to say ILR. The refund will be for the SET(M)

Hi The required documents list for SET (o) seems really small however my previous SET (M) had a very long list. IN SET (O) they have not asked for proof of 5 years living together for example letters at same address etc. This seems untrue. Has any one faced similar situation and what documents you have provided?

The SET (O) documents list as per the form is below which seems inaccurate to me.

Mandatory documents

The passport issued by Pakistan for Mr xxxxxx

Other documents

Evidence of Mr xxxx immigration status in the UK
Declaration signed by Mrs to confirm consent for the Home Office to request
verification checks
Current Biometric Residence Permit for Mr xxxx

You need 2 years evidence of cohabitation in both your names, from 3 to 6 different sources spread evenly for every 3 to 4 months, to prove subsisting relationship.

Hi thankyou docs submitted just waiting for biometrics. My only worry is that my visa is expired now. First application with wrong form set m was applied before expiration. But they gave first reply after 5 months and my visa expired in between so now variation is submitted while I am on 3c so does this makes my case complicated or any chance they will refuse I am meeting all financial and time period required for ilr through tier2 route / PBS dependant.

saadali09241 wrote: ↑

Tue Aug 17, 2021 10:28 pm

Hi thankyou docs submitted just waiting for biometrics. My only worry is that my visa is expired now. First application with wrong form set m was applied before expiration. But they gave first reply after 5 months and my visa expired in between so now variation is submitted while I am on 3c so does this makes my case complicated or any chance they will refuse I am meeting all financial and time period required for ilr through tier2 route / PBS dependant.

You 3C still keeps you if application/variation made in time and decision not made yet on first one.