Rejection for Dependant ILR application

Hi, I would appreciate any help or advice


I was granted Indefinite Leave to Remain (ILR) on 08/07/2025
I held a Skilled Worker visa, along with my dependants (my wife and two children).
My dependants’ visa status: Skilled Worker Dependant.
- Visa issuance date: 03/08/2020
- Date of arrival in the UK: 20/09/2020
- I submitted an ILR application for my family on 09/07/2025 using the Super Priority Service, as my son holds a conditional university offer that requires him to obtain ILR before August 1st.

Unfortunately, the application was rejected on the grounds that the dependants have not completed 5 years in the UK, as stated in the Home Office’s response.

I would be grateful if you could kindly advise on the next steps.

Here is the Home office email which is addressed to my wife as the main applicant

You have attempted to make an application for Settlement in the United Kingdom, under the Appendix FM 5-year partner route.
This application was submitted for yourself and your dependants.

Your application has been rejected as invalid and will not be considered.
The reasons for this decision are:

You and your dependants arrived in the UK on Tier 2 visa valid from 03 August 2020 until 14 April 2023

A new application was submitted on the 03 February 2023. This visa was granted on the 16 February 2023 until 28 April 2026. This leave was granted on the Tier 2 route for yourself and your Dependants.

On the 08 July 2025 a new application was received for Indefinite Leave to Remain on Appendix FM

You currently have not accrued 5 years continuous leave under the Appendix FM 5-year route.

You have extant leave until 28 April 2026

You applied on the wrong form.

You likely applied on the SET(M) form, which is why the references to Appendix FM which applies to Form SET(M) and which is for the dependents of those in the UK on the family of a settled person visa.

You should have applied on Form SET(O). But wait for others to respond on the point of the specific form to use.

Thankfully your application was declined as invalid and was not rejected, which should mean that you should get a full refund, less any admin fees.

Also wait for others to respond on whether you can apply for ILR this early before the completion of the five year anniversary.

Many thanks for the prompt reply
could you please post the correct form link ?

Thank you

Many thanks, that was very helpful.

I would be grateful if you could kindly advise on the following question:

Can I apply for my dependant based on the date their visa vignette was issued (03/08/2020), or does the five-year start from the date of entry into the UK (20/09/2020)?

The issue is that my son may lose his university offer if we have to wait until 20/09.

Thank you again

drmbilal77 wrote: ↑

Thu Jul 10, 2025 7:19 pm

Many thanks, that was very helpful.

I would be grateful if you could kindly advise on the following question:

Can I apply for my dependant based on the date their visa vignette was issued (03/08/2020), or does the five-year start from the date of entry into the UK (20/09/2020)?

The issue is that my son may lose his university offer if we have to wait until 20/09.

Thank you again

It is the date the visa was issued which is the start of the qualifying period.

CR001 wrote: ↑

Thu Jul 10, 2025 7:27 pm

drmbilal77 wrote: ↑

Thu Jul 10, 2025 7:19 pm

Many thanks, that was very helpful.

I would be grateful if you could kindly advise on the following question:

Can I apply for my dependant based on the date their visa vignette was issued (03/08/2020), or does the five-year start from the date of entry into the UK (20/09/2020)?

The issue is that my son may lose his university offer if we have to wait until 20/09.

Thank you again

It is the date the visa was issued which is the start of the qualifying period.

Thank you very much
Can I apply for my son alone> or should I include the all dependants in one application ?

No, you cannot apply for your son alone. He can only apply for ILR when your spouse does.

CR001 wrote: ↑

Thu Jul 10, 2025 7:40 pm

No, you cannot apply for your son alone. He can only apply for ILR when your spouse does.

Thank you

I'm not sure that the super-priority option is available for dependents of Skilled worker.

In the list of the visas that is eligible for super-priority, dependents of other types of visas are listed individually, but dependents of skilled worker visas are not.

If your child is ineligible for starting their course this year, it may be worth asking the university if they can take a gap year and start next year.

secret.simon wrote: ↑

Thu Jul 10, 2025 8:10 pm

I'm not sure that the super-priority option is available for dependents of Skilled worker.

In the list of the visas that is eligible for super-priority, dependents of other types of visas are listed individually, but dependents of skilled worker visas are not.

If your child is ineligible for starting their course this year, it may be worth asking the university if they can take a gap year and start next year.

Skilled worker dependents can use super priority if it is available. They also have the option of 5 days priority service.