General UK immigration & work permits; don't post job search or family related topics!
Please use this section of the board if there is no specific section for your query.
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Vishal7ue
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by Vishal7ue » Fri Sep 15, 2023 9:52 pm
My wife has submitted a set m application for ILR. We have not taken an appointment for the biometrics yet because I believe that her BRP will be taken at the biometric. Is that true? Also, we have traveled to a couple of European destinations after the application has been submitted. I see some posts on this forum saying that one can’t travel between application and appointment. It’s quite confusing. Can someone please clarify? This might be a repeat question but I wasn’t able to find an answer.
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meself2
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by meself2 » Fri Sep 15, 2023 9:57 pm
Vishal7ue wrote: ↑Fri Sep 15, 2023 9:52 pm
We have not taken an appointment for the biometrics yet because I believe that her BRP will be taken at the biometric. Is that true?
No, why would it be?
Vishal7ue wrote: ↑Fri Sep 15, 2023 9:52 pm
Also, we have traveled to a couple of European destinations after the application has been submitted.
The application could be considered withdrawn when she left the country.
34K. Where a decision on an application for permission to stay has not been made and the applicant travels outside the common travel area their application will be treated as withdrawn on the date the applicant left the common travel area.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.
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CR001
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by CR001 » Fri Sep 15, 2023 10:00 pm
Vishal7ue wrote: ↑Fri Sep 15, 2023 9:52 pm
My wife has submitted a set m application for ILR.
You have also applied using the wrong form. Your wife hold as Tier 1 Dependent visa based on your previous topic, link below. She should have applied on form SET(O). Form SET(M) if for a completely different visa category that she would have need to hold for 5 years, ie spouse settlement visa (FLR(M)).
uk-tier-1-entrepreneur-visas/pbs-depend ... l#p1899343
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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Vishal7ue
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by Vishal7ue » Sat Sep 16, 2023 6:49 am
She does but I have UK citizenship now and so does my son. Based on my settled status, she has applied using set m. Is that wrong?
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AmazonianX
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by AmazonianX » Sat Sep 16, 2023 9:08 am
Vishal7ue wrote: ↑Sat Sep 16, 2023 6:49 am
She does but I have UK citizenship now and so does my son. Based on my settled status, she has applied using set m. Is that wrong?
As your wife was previously on T1 dependent visa and not spouse visa (and did not switch to Spouse visa at any point) correct form to apply would be SET(O). Your having BC now does not change it.
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CR001
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by CR001 » Sat Sep 16, 2023 10:44 am
Vishal7ue wrote: ↑Sat Sep 16, 2023 6:49 am
She does but I have UK citizenship now and so does my son. Based on my settled status, she has applied using set m. Is that wrong?
Yes, you used the wrong form.
The form to use is dictaed by the VISA category the applicant holds and not your status now.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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secret.simon
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by secret.simon » Sat Sep 16, 2023 11:31 am
Agree with CR001 and AmazonianX that you have used the wrong form.
Since you have not submitted biometrics, I believe (wait for others to confirm) that you can still withdraw the application provided your wife still has leave to remain and get a refund (less any administration fees, etc)
Apply for ILR using the correct form and do not travel abroad while any immigration application is in progress.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.
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Vishal7ue
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by Vishal7ue » Tue Nov 14, 2023 11:36 pm
Thanks! Rectified the mistake and my wife has just received her ILR.
Am I right in assuming that we can apply for her UK citizenship right away as I am a citizen and she has lived here for over 5 years?
CR001 wrote: ↑Sat Sep 16, 2023 10:44 am
Vishal7ue wrote: ↑Sat Sep 16, 2023 6:49 am
She does but I have UK citizenship now and so does my son. Based on my settled status, she has applied using set m. Is that wrong?
Yes, you used the wrong form.
The form to use is dictaed by the VISA category the applicant holds and not your status now.
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AmazonianX
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by AmazonianX » Wed Nov 15, 2023 3:05 am
Vishal7ue wrote: ↑Tue Nov 14, 2023 11:36 pm
Thanks! Rectified the mistake and my wife has just received her ILR.
For others sake, how were you able to rectify the mistake? Were you refunded fully?[highlight]
Am I right in assuming that we can apply for her UK citizenship right away as I am a citizen and she has lived here for over 5 years? Yes[highlight]
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Vishal7ue
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by Vishal7ue » Wed Nov 15, 2023 12:39 pm
My wife called up the Home office to withdraw the first application. They sent a confirmation mail and are supposed to refund the entire amount since we had not booked the appointment but it hasn't hit my credit card yet. Need to follow up.
Created a fresh application and had an option to get expedited 5-day service and they actually cleared it the next working day after the biometric. The ILR BRP was received another 2 days later.
AmazonianX wrote: ↑Wed Nov 15, 2023 3:05 am
Vishal7ue wrote: ↑Tue Nov 14, 2023 11:36 pm
Thanks! Rectified the mistake and my wife has just received her ILR.
For others sake, how were you able to rectify the mistake? Were you refunded fully?[highlight]
Am I right in assuming that we can apply for her UK citizenship right away as I am a citizen and she has lived here for over 5 years? Yes[highlight]
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AmazonianX
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by AmazonianX » Wed Nov 15, 2023 2:21 pm
Vishal7ue wrote: ↑Wed Nov 15, 2023 12:39 pm
My wife called up the Home office to withdraw the first application. They sent a confirmation mail and are supposed to refund the entire amount since we had not booked the appointment but it hasn't hit my credit card yet. Need to follow up.
Created a fresh application and had an option to get expedited 5-day service and they actually cleared it the next working day after the biometric. The ILR BRP was received another 2 days later.
AmazonianX wrote: ↑Wed Nov 15, 2023 3:05 am
Vishal7ue wrote: ↑Tue Nov 14, 2023 11:36 pm
Thanks! Rectified the mistake and my wife has just received her ILR.
For others sake, how were you able to rectify the mistake? Were you refunded fully?[highlight]
Am I right in assuming that we can apply for her UK citizenship right away as I am a citizen and she has lived here for over 5 years? Yes[highlight]
Congratulations.