Rejected in SET(M) and reapply FLR(M)

[poppy_RS]

Hi guys! I have been reading a lot from this forum but this is my first time to open a new post.

I have been living in the UK for 2.5 years and recently have applied for my visa extension SET (M)
The application was submitted in April 2019, but I'm still waiting for a decision even though we paid for next day service. As my current BRP is going to be expired on 11 June 2019 (really soon!) I'm wondering if anyone knows what would happen after that if I didn't receive new BRP or decision?
I just started a new job and I don't want to leave because I may lose my right to work.
Would the delay of the visa affect my stay/my work and I may have to leave the country (which means me and my husband would be forced to be separated.)

Any of you are having the same situation? I'm going to be crazy if I can't have my new visa ..

Poppy

[CR001]

I have been living in the UK for 2.5 years and recently have applied for my visa extension SET (M)

Are you sure you used form SET(M) and not form FLR(M)???

If it is an extension of your spouse visa, SET(M) is the wrong form and you will be refused as this form is for ILR.

[poppy_RS]

Thanks for your reply!

My BRP status stated Leave to Remain and when I searched for the form on gov.uk, the site directs me to SET (M). Now I'm panicking.

[CR001]

It is not the correct form for an extension. If you have only held one 2.5 year spouse visa, you apply on form FLR M for another 2.5 year extension.

Set M is for indefinite leave to remain (PR) and is not a visa extension.

How much did you pay as the fee and IHS?

Set M is 2389 plus a service fee for ukcvas depending what option you go for. .

FLR M is £1033 plus IHS of £1000 plus ukcvas service depending on what you opt for.

[poppy_RS]

Hi again,

we paid 3208.20 GBP in total including the next day ..
I believed I may have summited the wrong form.

but here's a thing:
we applied it on 23rd April and in between, I have received an automated email about the application can not be processed in 24 hours. Then we have escalated the case via the call to UKVI center. Neither the staff from the call center or the rep from the appointment told me the form is not correct (or maybe that's not their job?)..

May I ask if there's anything we can do to correct the application? any recommendation?
or who shall we contact?

Many thanks!!
Poppy

[CR001]

we paid 3208.20 GBP in total including the next day ..
I believed I may have summited the wrong form.

Indeed you have. You have applied for ILR when you don't qualify yet. It will be refused and HO might offer you FLR and ask you to pay the IHS of £1000. If you have a case reference ID etc, you need to contact HO and advise your mistake and ask them to consider FLR(M) extension instead.

but here's a thing:
we applied it on 23rd April and in between, I have received an automated email about the application can not be processed in 24 hours. Then we have escalated the case via the call to UKVI center. Neither the staff from the call center or the rep from the appointment told me the form is not correct (or maybe that's not their job?)..

The UKCVAS stafff are NOT home office staff. Sopra Steris is only a third party agent to assist with biometrics and document upload checking based on what you have submitted. They are not immigration advisors either. The call centre is also a third party and has no access to your full application information.

May I ask if there's anything we can do to correct the application? any recommendation?
or who shall we contact?

See my first comment above.

[poppy_RS]

Thank you so much for your help and advice.

May I ask if there’s Emails or Numbers you know we can directly contact the HO? I can hardly find any apart from the complaints email.....

I hope we are not asking too much...


Really really appreciated your help!!

[CR001]

I don't know the contact details unfortunately.

Have you received any email that you could reply to or that has my details?

[poppy_RS]

I have managed to find a few numbers, will definitely try to contact the Home Office ASAP.

Thank you so so much for your help - it’s so kind of you! I will try to make an update if we receive any things ...



Thanks again!!!

[poppy_RS]

We have called to the UKVI and HO - there’s two solution:

1. Withdraw: will lose all the fee (we don’t care anymore), and reapply again. However the time will be extremely tight.

2. wait for 6 months for the decision and see if the HO is willing to give me the extension while I applied it using the wrong form ..

Ahh advise for this situation?

[CR001]

HO will likely offer you FLR for 2.5 years. This has been the case of many members who have posted on the forum.

[poppy_RS]

It seems like this is a better option.
We don’t think we can cancel or withdraw now as the site states that you can’t cancel once the application is being processed

Just wondering would that affect my right to work and right to rent ? Coz our landlord is requesting to do the right to rent thing as my visa is expiring soon....

Thank you!

[poppy_RS]

Hi there,

Previously I have applied for my spouse visa extent using the wrong application form SET(M) and after waited 3 months, HO finally rejected my application (I knew it would be rejected once I found out it is not a correct form for me)

I am now holding the SET(M) rejection letter and my BRP is expired on 11/06/2019 already.
I am going to redo my application via FLR (M) spouse visa extension again as a new application.

May I know would my expired BRP affected the result? or it's still okay to apply within the UK as I still have 14 days to make a new application after receiving the decision letter?

I know it sounds a bit complex because of my stupid mistake.
It would be great if someone can guide me here..

Many thanks!
Poppy

[CR001]

I am now holding the SET(M) rejection letter and my BRP is expired on 11/06/2019 already.
I am going to redo my application via FLR (M) spouse visa extension again as a new application.

Does the letter say anything about offering a 30 month FLR and asking you to pay £1000 IHS??

[poppy_RS]

No. It has 9 pages explaining why they rejected my SET visa.
and said I can review with 14 days.

I have called UKVI center and they said they can't give me any suggestions.
I am wondering what's the right decision to make here in this situation.

[seagul]

No. It has 9 pages explaining why they rejected my SET visa.
and said I can review with 14 days.

I have called UKVI center and they said they can't give me any suggestions.
I am wondering what's the right decision to make here in this situation.

Few years ago if the payment declines or application is being made on wrong/out of dated version of application form then application got returned to applicant as invalid for rectification within 28 days. They used to never refuse. Maybe now its changed due to started refusing. But still you should be given chance and maybe refusal letter allowing you to do that.

[poppy_RS]

it seems like the rule has changed... I don't see them has transferred my case from SET(M) to FLR(M) team.
We have done some research, and are going to apply for the extension via FLR (M) within these 14 days.

Hopefully, an appointment can be booked within the time frame.
Thank you so much for your help!
I will update my situation here if anything has happened.