ILR Set M rejected Need Help

[dittu_29]

Hi

I have applied ILR Set M for my wife via premium Service on 14 may. We recieved a mail on 15th May saying that the decision cannot be made with in 24 hours and a letter was dispatched. I have received the letter today.

It states that "As you have only previously been granted under the Tier 1 General Partner route and completed no time under spouse rout you fail to meet the requirements of E-ILRP.1.3 In order to qualify you must have completed a continuous period of 60 months under the spouse route."

I am confused because she was granted depedent visa for the first time in 2012 because we were married. In the application page for SET M it states that
"Use this online form to apply for indefinite leave to remain in the UK as a partner of a person or parent of a child already settled in the UK."

Now they are saying that my wife is eligible for limited leave to remain because of my child being British. Can some body please advise on how to proceed.

Regards,

Aditya A

[CR001]

You used the wrong form. If she holds a Tier 1 General dependent visa, she applies for ILR once she has 5 years residence on Tier 1 General Dependent using form SET(O).

SET(M) is ONLY for those who hole spouse settlement visas for 5 years.

When does her Tier 1 Dependent visa expire?

[dittu_29]

Hi

Her visa expired on May 17th. The current application is open with home office because they said that they can give limited leave to remain because my wife is mother of British citizen. Can I change the current application or do I need to apply again and forget the fee paid for Set M

Thanks

[CR001]

Complete Set(O) and ask for it to be considered instead and explain the error you made.

No guarantee though.

Changing her visa category will reset her 5 year clock for ILR.

What is her full UK immigration history?

Why did you wait till her visa almost expired to apply??