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ILR - VISA APPLICATION
Posted: Sat Jun 29, 2024 11:46 pm
by hadi3212
Hi,
I have been in Tier 2 dependent visa from June 2019 for 5 years. My husband had the same visa as the main applicant. after 3.5 he switched his visa to global talented visa and then got his ILR straight away. However, I didn't changed my Tier 2 dependent visa and waited until the end of my 5 years to apply for ILR. After submitting my application, Home office back to me saying " You currently have permission to stay in the UK as a dependant of a Tier 2 Migrant. According to our records the main applicant was granted Settlement under the Tier 1 route and therefore, we cannot consider your application favourably. You will need to make a new more appropriate application within the next 10 working days. "
in my application i mentioned that I am applying for indefinite leave to remain in Tier 2 dependent visa category. do i need to submit the same application and change the category to Tier 1 visa dependent?
Re: ILR - VISA APPLICATION
Posted: Sun Jun 30, 2024 3:06 pm
by zimba
hadi3212 wrote: ↑Sat Jun 29, 2024 11:46 pm
Hi,
I have been in Tier 2 dependent visa from June 2019 for 5 years. My husband had the same visa as the main applicant. after 3.5 he switched his visa to global talented visa and then got his ILR straight away. However, I didn't changed my Tier 2 dependent visa and waited until the end of my 5 years to apply for ILR. After submitting my application, Home office back to me saying " You currently have permission to stay in the UK as a dependant of a Tier 2 Migrant. According to our records the main applicant was granted Settlement under the Tier 1 route and therefore, we cannot consider your application favourably. You will need to make a new more appropriate application within the next 10 working days. "
in my application i mentioned that I am applying for indefinite leave to remain in Tier 2 dependent visa category. do i need to submit the same application and change the category to Tier 1 visa dependent?
"Tier 1 or Global Talent dependants" is the route that must be chosen when filling out the form SET(O). Your ILR will be based on the route your partner settled NOT the visa you are holding. GTV rules allow you to settle with your current visa but you should have applied under the correct route !
Re: ILR - VISA APPLICATION
Posted: Sun Jun 30, 2024 8:11 pm
by hadi3212
zimba wrote: ↑Sun Jun 30, 2024 3:06 pm
hadi3212 wrote: ↑Sat Jun 29, 2024 11:46 pm
Hi,
I have been in Tier 2 dependent visa from June 2019 for 5 years. My husband had the same visa as the main applicant. after 3.5 he switched his visa to global talented visa and then got his ILR straight away. However, I didn't changed my Tier 2 dependent visa and waited until the end of my 5 years to apply for ILR. After submitting my application, Home office back to me saying " You currently have permission to stay in the UK as a dependant of a Tier 2 Migrant. According to our records the main applicant was granted Settlement under the Tier 1 route and therefore, we cannot consider your application favourably. You will need to make a new more appropriate application within the next 10 working days. "
in my application i mentioned that I am applying for indefinite leave to remain in Tier 2 dependent visa category. do i need to submit the same application and change the category to Tier 1 visa dependent?
"Tier 1 or Global Talent dependants" is the route that must be chosen when filling out the form SET(O). Your ILR will be based on the route your partner settled NOT the visa you are holding. GTV rules allow you to settle with your current visa but you should have applied under the correct route !
many thanks for your reply, much appreciated. I have also another question regarding public funds. since my husband has ILR, he is reviving child benefit in his bank account for our bay who has British passport. do i need to answer yes to the following question in my ILR application?
Do you or anyone else who is part of this application receive any public funds?
Please help me since i need to submit my application by today which is the expiry date of my visa. I have the other application open with Home office but just want to be in safe side
Re: ILR - VISA APPLICATION
Posted: Sun Jun 30, 2024 11:51 pm
by AmazonianX
hadi3212 wrote: ↑Sun Jun 30, 2024 8:11 pm
zimba wrote: ↑Sun Jun 30, 2024 3:06 pm
hadi3212 wrote: ↑Sat Jun 29, 2024 11:46 pm
Hi,
I have been in Tier 2 dependent visa from June 2019 for 5 years. My husband had the same visa as the main applicant. after 3.5 he switched his visa to global talented visa and then got his ILR straight away. However, I didn't changed my Tier 2 dependent visa and waited until the end of my 5 years to apply for ILR. After submitting my application, Home office back to me saying " You currently have permission to stay in the UK as a dependant of a Tier 2 Migrant. According to our records the main applicant was granted Settlement under the Tier 1 route and therefore, we cannot consider your application favourably. You will need to make a new more appropriate application within the next 10 working days. "
in my application i mentioned that I am applying for indefinite leave to remain in Tier 2 dependent visa category. do i need to submit the same application and change the category to Tier 1 visa dependent?
"Tier 1 or Global Talent dependants" is the route that must be chosen when filling out the form SET(O). Your ILR will be based on the route your partner settled NOT the visa you are holding. GTV rules allow you to settle with your current visa but you should have applied under the correct route !
many thanks for your reply, much appreciated. I have also another question regarding public funds. since my husband has ILR, he is reviving child benefit in his bank account for our bay who has British passport. do i need to answer yes to the following question in my ILR application?
Do you or anyone else who is part of this application receive any public funds? No is the correct response
Please help me since i need to submit my application by today which is the expiry date of my visa. I have the other application open with Home office but just want to be in safe side
What other application? Should be 1 application at a time with HO
Re: ILR - VISA APPLICATION
Posted: Mon Jul 01, 2024 11:42 am
by hadi3212
Thanks for your answer. The other application I have is the one that I sent previously for ILR by filling up Set(o) form. But I had a mistake in the visa category in which I was applying for ILR. Home office has given me 10 working days to submit more appropriate application and notify them by email. Do you know if I will get the refund for my previous wrong application or not?!
Re: ILR - VISA APPLICATION
Posted: Mon Jul 01, 2024 11:56 am
by hadi3212
Here is what home office has asked me:
You will need to make a new more appropriate application within the next 10 working days. Please refer to our website for advice or you may wish to seek Immigration advice.
Please respond within the next 10 working days to the mailbox
worksponsoreddocumentrequests@homeoffice.gov.uk
Regards
UK Decision Team
What I need to do for withdrawal of my previous application? Do they cancel the previous one themselves?
Re: ILR - VISA APPLICATION
Posted: Mon Jul 01, 2024 3:09 pm
by zimba
You must apply again for SET(O) using the correct category and explain this via an email to them. The refunds will be given later after this new application is decided.
Immigration and nationality refunds policy
Process to request a refund for services relating to an immigration application or service
Re: ILR - VISA APPLICATION
Posted: Mon Jul 01, 2024 3:34 pm
by hadi3212
Many thanks for your reply. I have sent my new application and booked the biometric appointment for 15July. In the meantime, I sent an email as requested to home office and provided the new application reference number in the email. When I need to withdraw my previous application? Do they cancel that themselves or I must submit the withdrawal form.
Many thanks for your help
Re: ILR - VISA APPLICATION
Posted: Mon Jul 01, 2024 3:54 pm
by zimba
hadi3212 wrote: ↑Mon Jul 01, 2024 3:34 pm
Many thanks for your reply. I have sent my new application and booked the biometric appointment for 15July. In the meantime, I sent an email as requested to home office and provided the new application reference number in the email. When I need to withdraw my previous application? Do they cancel that themselves or I must submit the withdrawal form.
Many thanks for your help
You do not need to do anything. The new application will be a
variation of the previous one
Re: ILR - VISA APPLICATION
Posted: Mon Jul 01, 2024 4:11 pm
by hadi3212
Many thanks for your help. Much appreciated…
Not sure if they will back to me with a decision soon or I should go for the biometric appointment in 15th July.
I have done the finger print in my previous application on 1st of June.
Re: ILR - VISA APPLICATION
Posted: Mon Jul 01, 2024 4:16 pm
by zimba
hadi3212 wrote: ↑Mon Jul 01, 2024 4:11 pm
Many thanks for your help. Much appreciated…
Not sure if they will back to me with a decision soon or I should go for the biometric appointment in 15th July.
I have done the finger print in my previous application on 1st of June.
This is a new application from scratch with new biometrics and a new timeline. You must enrol your biometrics as normal. What you have done before is irrelevant!