ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR for spouse

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Post Reply
RRazak
Newly Registered
Posts: 6
Joined: Tue Apr 16, 2024 12:37 pm
Mood:
United Kingdom

ILR for spouse

Post by RRazak » Tue Apr 16, 2024 12:49 pm

Hi,
I came to the UK under skilled worker visa(Tier 2) and got my ILR in August 2023. I applied ILR for my spouse and the reply I received was that he hasn't completed 60 months. From the previous FAQs, I think I made the application under set M where I was suppose to use Set O.
So I have requested to vary the existing application and refund.
My query is how much time will it take for refund and when I do new application, where it asks whether there is any existing application, should I put down the varied application ref number?

Kindly help.

User avatar
zimba
Moderator
Posts: 20562
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: ILR for spouse

Post by zimba » Tue Apr 16, 2024 1:09 pm

Yes, you should input the previous incorrect SET(M) application number. Any refund will be given probably after the new SET(O) application is decided
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

RRazak
Newly Registered
Posts: 6
Joined: Tue Apr 16, 2024 12:37 pm
Mood:
United Kingdom

Re: ILR for spouse

Post by RRazak » Tue Apr 16, 2024 1:47 pm

:)
zimba wrote:
Tue Apr 16, 2024 1:09 pm
Yes, you should input the previous incorrect SET(M) application number. Any refund will be given probably after the new SET(O) application is decided
Thank You

RRazak
Newly Registered
Posts: 6
Joined: Tue Apr 16, 2024 12:37 pm
Mood:
United Kingdom

Re: ILR for spouse

Post by RRazak » Tue Apr 16, 2024 1:53 pm

zimba wrote:
Tue Apr 16, 2024 1:09 pm
Yes, you should input the previous incorrect SET(M) application number. Any refund will be given probably after the new SET(O) application is decided
Hi below is the initial response I received.
I hope this means I need to make new application under set O. Just for confirmation before I make another stupid mistake. Thank you in advance.


We are writing to you regarding your application for indefinite leave to remain made on 16 March 2024 under the reference above.
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.
In order to qualify for indefinite leave to remain under Appendix FM you are required to complete either at least 60 months under this route, As stated in section E-ILRP.1.3 of Appendix FM below:
E-ILRP.1.3. (1) Subject to subparagraph (2), the applicant must, at the date of application, have completed a period of continuous residence in the UK of at least 5 years (60 months) with the following:
1. (a) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1; or
2. (b) limited leave to remain as a partner granted under paragraph D-LTRP.1.1; or
3. (c) a combination of leave under (a) and (b).
(1A) In respect of an application falling within subparagraph (1) above, the applicant must meet all the requirements of Section E-LTRP: Eligibility for leave to remain as a partner (except that paragraph E-LTRP.1.2. cannot be met on the basis set out in sub-paragraph (c), (d) or (e) of that paragraph, and in applying paragraph E-LTRP.3.1.(b)(ii) disregard the words “2.5 times”).
Please see your immigration history below:
• On 21 December 2018 you applied for Tier 2 Partner – Leave to Enter (LTE). This was granted Tier 2 Partner – LTE.
• On 10 May 2021 you applied for Tier 2 SW – General Migrant. This was changed to Tier 2 – Dependant LTE and granted under Tier 2 – Dependant from 28 May 2021 to 12 August 2022.
• On 22 June 2022 you applied for Joiner – Leave To Remain (LTR). This was granted under Joiner – LTR on 13 July 2022 to 25 August 2024.
• On 16 March 2024 you applied for Indefinite Leave to Remain (ILR) as the Spouse/Partner of R Razak.
Please note; any previous leave granted under Tier 2 or Joiner, cannot be included in the qualifying period for ILR under E-ILRP.1.3 of Appendix FM, therefore, you have not completed any time under the required period of 60 months under E-ILRP.1.3 of Appendix FM.
As you have not done any time on route under E-ILRP.1.3 of Appendix FM, 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.

User avatar
zimba
Moderator
Posts: 20562
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: ILR for spouse

Post by zimba » Tue Apr 16, 2024 1:57 pm

Yes, you should have applied using form SET(O). SET(M) is ONLY for people who had 60 months of visas under the family route NOT skilled worker dependants.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

RRazak
Newly Registered
Posts: 6
Joined: Tue Apr 16, 2024 12:37 pm
Mood:
United Kingdom

Re: ILR for spouse

Post by RRazak » Tue Apr 16, 2024 2:13 pm

zimba wrote:
Tue Apr 16, 2024 1:57 pm
Yes, you should have applied using form SET(O). SET(M) is ONLY for people who had 60 months of visas under the family route NOT skilled worker dependants.
Thank you very much Zimba. :)

Post Reply