Submitted SET (M) instaed of SET (O)

[mun1234]

Hi

I applied for my ILR last week with super priority service and recieved follwoing reply from home office

We are writing to you regarding your application for indefinite leave to remain made on xx September xxxx under the reference above.
You have submitted an indefinite leave to remain application as the spouse of a settled person, this application will be assessed under Appendix FM of the Immigration Rules.
Having assessed your immigration history, the Home Office has deemed the application you have submitted as incorrect. To be granted indefinite leave to remain you must have completed 5 years under paragraph D-LTRP.1.1 of the Appendix FM route.
Please see your immigration history below:
On 11 August 2018 you applied for a T2 SW Dependent Partner Joining Relatives, valid from 30 September 2018 until 29 September 2019
On 17 September 2019 you applied for T2 SW Dependent Partner Joining Relatives, valid from 13 November 2019 until 13 November 2022.
You applied for Indefinite Leave to Remain on 2 September 2022 under the spouse route of Appendix FM.
In order to qualify for Indefinite Leave to Remain you must complete 60 months (5 years) consecutively under the spouse route.
Unfortunately, time spent on the T2 SW Dependent Partner route cannot count towards meeting time spent on the 5-year spouse route.
As you have not done enough time on route the Home Office
We would like to assess your application as an application for leave to remain under Appendix FM. In order to do this we will need you to resubmit a new application for the FLRM route, spouse/partner.
If you chose to submit a new leave to remain application please inform us and we will get your current application withdrawn and refunded. You will receive a full refund minus a £25 administration fee should you choose to withdraw. Please take some time to weigh up your options and confirm how you would like to proceed within the next 10 working days by responding directly to this email.
I look forward to hearing from you.
Yours sincerely,[/i]

Can anyone please advice what should I do in this situiation please ?

After reading few posts from here, I have replied Home officeasking to vary my application ffrom SE(M) to SET (o) but have not heard anythjing back yet.
Should I be waiting longer por should I go for a new application ?

I need it done urgently as I need to travel in two weeks

Regards

[CR001]

You need to submit a Set(O) application form and pay the fee again.

[mun1234]

Thank you for your reply.

I have seen in few posts people got changed into correct route after requesting home office. I have requested the same and it has been 3-4 days already, no response yet.
Wanted to check if it is worth waiting as it will save me putting an extra application and the fees.

Please advice

Regards

[zimba]

Thank you for your reply.

I have seen in few posts people got changed into correct route after requesting home office. I have requested the same and it has been 3-4 days already, no response yet.
Wanted to check if it is worth waiting as it will save me putting an extra application and the fees.

Please advice

Regards

You must apply using the correct form AGAIN

[mun1234]

Thank you gain for your reply.

I have started filling the correct form i.e SET(o) to apply again.
My confusion now is if I should withdraw my SET(M) application (applied incorrectly) first ?
I can see there is a question "Do you currently have an application with the Home Office for leave to remain for which you have not yet received a decision?"

Is there any issue if I say yes to the above question give reference number and apply the correct SET(0) as I do not know how long it may take to withdraw the already existing form.

please advice

Regards

[contorted_svy]

You can answer YES and explain in the cover letter.

[mun1234]

Hi

I have filled the SET(O) application with consent optiosn as below.
Point 2 and three are not clear to me. I havge marked them NO as I have no joint account details to provide and I think I am not sponsored by my husband as I am providing my own bank statements , payslips and P60.
In this scenario are the below questions answered correctly ? Can anyone check please.

I will provide a declaration signed by me to confirm Yes
my consent for the Home Office to request

Is the account with a bank or utility company for No
which you have supplied information and
supporting documentation held jointly by you and
other people?
Does the account with the bank or utility company No
for which you have supplied information and
supporting documentation relate to another
person who is to provide you financial support?

ANd what consent forms need to be sgned in the above case ? My unsderstanding is as below
- part 1 - signed by me
- part2 - signed by husband
- part3 - NA ??

I am correct ? Please advise

[zimba]

Correct

[mun1234]

Thank you Zimba for your prompt reply.

Realised I have submitted part3 consent form submitted with my husband signed it.
I am unable to remove it as it is 48 hours before the appointment.
Is it gong to be a problem?
Not sure how can I remove it

Regards

[zimba]

Ignore it. It is irrelevant

[mun1234]

Hi

thank you everyone for your replies so far.
I had my bio-metric interview today and unfortunately have received the email as below

Thank you for your application for permission to stay in the UK.

Although we would normally decide your application from the date of biometrics, unfortunately this is not going to be possible in your case.

Please can you clarify why your dependant child has not been included on this application.

If we do not receive anything within 10 days we will make a decision on the information we already have.

You must send your response to:

Worksponsoreddocumentrequests@homeoffice.gov.uk.

If you are unsure how to proceed you may wish to seek the services of a regulated immigration advisor.

I am sorry for the delay in dealing with your application and for the inconvenience this is causing. Please be assured that we are doing all we can to make a decision on your case as quickly as possible.

The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at https://www.gov.uk/government/publicati ... itizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.

Can I seek your advice what to do in this case.

**My child is a British citizen as my husband is already a settled person.
I am not sure if there was anywhere in the application form to mention about dependent child.

Please advise.

Regards

[zimba]

This is standard procedure for child safeguarding. You simply need to reply that your child is now a British citizen and hence not included in this application

[mun1234]

Hi Zimba,

thank you again for your prompt response.

I have now replied them back stating my child is a British citizen attaching a passport copy of child.

Can I still expect a quick decision as I had taken super priority service? Any experince/idea on this?
I am desperately waiting for positive decision as I need to travel asap.

Thank you again

[zimba]

Hi Zimba,

thank you again for your prompt response.

I have now replied them back stating my child is a British citizen attaching a passport copy of child.

Can I still expect a quick decision as I had taken super priority service? Any experince/idea on this?
I am desperately waiting for positive decision as I need to travel asap.

Thank you again

Hopefully they should get back to you shortly

[mun1234]

Will it be okay to ask Home office for an update ?
we are now caught in a difficult situation. we have our tickets booked as we expected it to be same day decision with super priority. Getting worried as the date of travel getting closer

any advise [please

[AmazonianX]

Will it be okay to ask Home office for an update ?
we are now caught in a difficult situation. we have our tickets booked as we expected it to be same day decision with super priority. Getting worried as the date of travel getting closer

any advise [please

You may ask them for update, hoping you get a response soonest.
Excepy in case of emergencynor exceptional circumstances...there is no assurance of how quick an application can be hence why the written and sometimes unwritten advise is not to make travel plans when having an application coming or believing you can rush through an application in time for your travel.
The pressure will never be on HO but on the applicant.

[mun1234]

Thank you again for your quick response

[mun1234]

So pleased to see the below email from Home office today

"Your application for indefinite leave to remain in the UK has been successful."

I am really thankful to this forum , you guys were great help with your prompt replies.

Regards

[AmazonianX]

So pleased to see the below email from Home office today

"Your application for indefinite leave to remain in the UK has been successful."

I am really thankful to this forum , you guys were great help with your prompt replies.

Regards

Congratulations.