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Dear All - hoping you can help. My wife is staying with me in UK since 2017 and have extended Tier 2 dependent visa twice. Considering its been more than 5 years, we have applied for ILR under Set M but it has got rejected with the below details:

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)

Any previous leave granted under the Points Based System cannot be included in the qualifying period for ILR under Appendix FM, therefore, you have not completed the required period of 60 months under Appendix FM.

My Wife's immigration history as follows:

• Entered the United Kingdom on the 15 February 2017.
  
  Then on the 01 September 2017 an application as Tier2 SW Dependent Partner Joining Relatives for further leave to remain (LTR) was received which was valid from 07 September 2017 until 07 September 2020.
  
  On the 28 July 2020 we made a further application as a Tier2 SW Dependent Partner Joining Relatives for LTR. Which was granted and valid from 24 November 2020 until 24 November 2023.
  
  Then on 03 September 2023 we applied as a Spouse of Settled Person for Indefinite Leave to Remain (ILR) under Appendix FM of the Immigration Rules was received.

Please confirm what we should do? Home office is asking us to apply to extend the leave further but we already extended twice and staying in UK for more than 5 years. Shall we apply the ILR under set O?

Note - I was in ILR up until June this year and now a British Citizen.

You applied using the wrong form.

She should have applied on form Set O.

Apply again in the correct form. You will have to pay again.

The most common mistake I've seen is that people with dependant visas think because their spouse already has ILR, they need to apply using the SET(M) form (partner of a settled person). That is an INCORRECT assumption. SET(M) should ONLY be used for people who completed 60 months under Appendix FM (family route). Anyone who holds a skilled worker visa (including dependants) must apply for ILR using form SET(O) only

Thank you for your response. Home Office also mentioned the below:

1. Home Office would like to offer you the chance to make another application to extend your leave. In order to do this you will need to submit a new application with another team.

Does this extend your leave means I can apply another ILR application using Set O?

2. If you choose to submit another application, please inform us and we will get your current application varied and refunded. You will receive a full refund should you choose to vary your application

What does vary your application means?

You cannot have more than one application. When you have a pending application but then submit a new application again, the new application will be considered a variation of the previous application. Variation will maintain any section 3C you had. Just apply again for ILR from scratch using form SET(O) and let them know. That is all you need to do

Thank you Sir...much appreciated

Hello - quick question. When I apply new application using SET O form, do I put the exiting application ID which I got when I applied ILR using Set M incorrectly?

The application will ask you if you have an ongoing application yet to be decided.

Hi Gaurav, Did you reapply under SET O and pay again? Was your SET M application charge refunded? I have received the same response and looking for your input.

I have submitted another application under Set O and it was successful. Also refunded for Set M application. Just sharing the update to reassure anyone in future with the same issue.