applied for indefinite leave to remain as a Tier 1 dependant but

[Nishnash]

Hi,

I applied for Set (O) - standard application under category "Tier 1 or Appendix W dependants" , presuming that was the correct category I fall under because my husband got his British citizenship in 2016 based on Tier1 General PBS, and my last 2 periods leave to remain was granted under "GRANT OF LEAVE TO REMAIN FIVE YEAR PARTNER ROUTE" 1st one issued Feb 2015 and 2nd issued Sept 2017.

"granted a period of 30 months limited leave to remain under paragraph D-LTRP1.1. of Appendix FM to the Immigration Rules as we are satisfied that you meet the requirements of paragraphs R-LTRP.1.1 (a), (b) *d (c) of these Rules. You maybe eligible to apply for settlement after completing at least 5 years under
this route."

However I received email from HO this morning and I am bit concerned/confused because there was no other category matching to what the email has mentioned below when I made the application online and I am not sure what I should reply and how it will impact my application outcome:

Dear Mrs XXXX XX XXX

Thank you for your application for leave to remain in the United Kingdom.

It is noted that you have applied for indefinite leave to remain as a Tier 1 dependant but your last 2 periods of leave to remain in the United Kingdom was granted as the partner of a settled/British person under Appendix FM of the Immigration Rules.

Please note that your child was granted as your dependant under Appendix FM.

Please can you confirm whether you wish to be considered as Tier 1 dependants or under the same Immigration Rules as before.

You may wish to seek independent immigration advice as we are unable to provide immigration advice.

Please can you provide me with an update by 22 April 2020.

Please advice what I should reply to HO and what could have been the correct category to select for my application?

Thanks

[CR001]

You don't hold a tier 1 dependent visa to be able to apply on form Set O. It will likely be refused. Who advised you to apply on form set o when you do not hold a tier 1 dependent visa??

You should have applied on form SET M and your child too if the child was born abroad before your husband became British!!

[Nishnash]

Thanks for reply,

It is my own mistake to use SET O form, I did not take any advice for my application

I believe I have to make a new application using SET M form!?
https://www.gov.uk/government/publicati ... -form-setm

Yes my child was born abroad before my husband became British.

What do I reply to HO email and specifically to the point below?

Please can you confirm whether you wish to be considered as Tier 1 dependants or under the same Immigration Rules as before.

Is it possible that they might consider my application and ask to resubmit using SET M based on what I reply to email (please suggest)? and will I lose the fee

What are my options please without losing over £5000

Thanks