ILR Application query

Hi I am currently on a spouse visa (5YR ROUTE) which is due to expire soon so I will be applying for IlR, My husband is in HM FORCES (British Army) and still currently serving. My question is can I use the set(AF) form or do I use the set (M) form as the Gov website is a little confusing. says 'do not use the set (m) form if doing the 5yr route' and then once I go on to the set (af) form it says 'only if discharged or discharging from service' unless I have read this wrong could someone clarify for me please

thanks
Michelle

Form SET(AF)

Use this form to apply to settle in the UK as a discharged member of HM Forces, or as a partner or child of a serving or discharged member of HM Forces.

https://visas-immigration.service.gov.uk/product/set-af

Hi good morning hoping you can help,

My wife has been on a spouse visa(Filipino) just over 5 years now, we applied for her ILR in October where she had biometrics done. She got a update email this morning where we are very confused and wondering if anyone can help. I’m not sure wether we applied under the wrong category/route. I am serving in the British army and have done so for 7yrs now, was I supposed to apply under a different category for her? as she was under the impression she could get ILR after 5yrs? she did the set(m) application.please see below what the email said



Ref: 1212-xxxxxxxxxxx

PLEASE QUOTE REF: (1212-xxxxxxxxx) IN ANY CORRESPONDENCE.
Due to the volume of correspondence, we may be unable to locate your application without this reference and your correspondence may be returned to you.

Please do not reply to this email. Only send your response to UKVISETM@homeoffice.gov.uk – ‘F.A.O – xxxxxxx'
Thank you for your recent application as a Spouse/Partner under Appendix FM.
You have submitted an application for Indefinite Leave to Remain (ILR) under the Spouse/Partner route of Appendix FM within the Immigration rules.

In order to qualify for ILR under Appendix FM you are required to have completed either at least 60 months under D-LTRP.1.1, or 120 months of leave under D-LTRP.1.2, as stated in section E-ILRP.1.3 of Appendix FM below:

E-ILRP.1.3. 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).
However, we note from your immigration history that you have not completed any time under the requisite route of Appendix FM to qualify for ILR.

Your immigration history is as follows:

You applied for Leave To Enter under Appendix AF (Armed forces) as the spouse/partner of xxxxxx on 27 July 2017. This was granted from 16 October 2017 to 23 October 2022 under Appendix AF (Armed Forces)

You applied for Indefinite Leave to Remain under Appendix FM (marriage/family settlement) as the spouse/partner of xxxxxx on 05 October 2022

As you have not completed any time under paragraph D-LTRP.1.1. of Appendix FM, were you to proceed with your application for ILR, it is highly unlikely that the application for settlement would succeed and result in a grant of ILR.

Therefore, we are offering you the opportunity (with your consent) to withdraw your application for Indefinite Leave to Remain and your application fee will be refunded minus £25 administration costs.

Once you have applied on the correct route, then you must let us know so we can withdraw your Appendix FM application.

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

Please respond to UKVISETM@homeoffice.gov.uk – ‘F.A.O – xxxxxxx’ as soon as possible with your decision, along with permission consenting to variation of your application, please also include your Unique Application Number (1212-xxxxxxxx) in your reply.

If she still has extant leave quickly apply for SET (AF) that's the correct application you should have made.
https://www.gov.uk/government/publicati ... line-setaf

Thanks for your reply, will we need to get the application refunded then as it says? then go ahead and make the new AF application.

I don't suppose you know if she would need to do biometrics etc again?

Thanks

Michbxtr010416 wrote: ↑

Wed Jan 11, 2023 12:33 pm

Thanks for your reply, will we need to get the application refunded then as it says? then go ahead and make the new AF application.

I don't suppose you know if she would need to do biometrics etc again?

Thanks

Make the new application first and chase the refund later. You might need to do another biometrics. The system would tell you if her prior biometrics can still be used.
But prepare for another.

zimba wrote: ↑

Fri Sep 23, 2022 8:54 am

Form SET(AF)

Use this form to apply to settle in the UK as a discharged member of HM Forces, or as a partner or child of a serving or discharged member of HM Forces.

https://visas-immigration.service.gov.uk/product/set-af

I advised you in September to use the SET(AF). Why did you use form SET(M) ??????

I was away at the time and the wife chose the wrong type