ILR set(o) issue and priority service

[Monika_tyagi]

Hi Team,

My husband applied for ILR set(o) submitted the application on 4th oct, received an email on 19th oct that application will not go through as he was on Tier 2 dependant route so they wanted his confirmation to treat that ILR application as tier 2 dependent one. He confirmed that on same day.

31st oct he submitted all the required documents and paid priority service but he hasn't received any reply on application process, we have to travel and that's why we paid the priority service. Is there anything we can do?

[meself2]

Nothing, unfortunately. All you can do is wait.

Priority service is not a guaranteed service and when you leave UK, your application will be treated as withdrawn. If your husband doesn't have leave left, he won't be able to return.
Also keep in mind you will need a few more days after approval for new BRP card to arrive.

[Monika_tyagi]

Thanks for the reply. Do you have any idea if this reply from home office about set (o) to changing tier 2 made his case complicated ?

[meself2]

That might as well be the case - different teams of caseworkers work on different types of applications. Possibly there's no capacity in PBS dependent teams to perform the task in 5 day service standard.
But we don't know inner workings of HO.

[zimba]

Hi Team,

My husband applied for ILR set(o) submitted the application on 4th oct, received an email on 19th oct that application will not go through as he was on Tier 2 dependant route so they wanted his confirmation to treat that ILR application as tier 2 dependent one. He confirmed that on same day.

31st oct he submitted all the required documents and paid priority service but he hasn't received any reply on application process, we have to travel and that's why we paid the priority service. Is there anything we can do?

Can you elaborate on the highlighted above ?
SET(O) will not lead to a dependant visa. Are you sure they are NOT moving him to the 10-year spouse route ?

[Monika_tyagi]

I got my British citizenship via tier 2 (general) 5 years to ILR so I don't think 10 years will apply to him ?

[CR001]

What is his full immigration history, including visa categories and date?

Did he have excessive absences of more than 180 days in any 12 month period?

Your previous posts suggest he has been on a dependent visa for a while so not sure what the history is here.

uk-skilled-worker-visas/visa-extension- ... l#p1937512

[Monika_tyagi]

Here is the summary

Arrived in the UK Feb 2016 - Tier 2 dependant visa
Visa extended in feb 2020 for 3 years PBS dependant, his visa was expiring in Nov 23 so applied for ILR based on 5 years route.

When you say any 12 months - how it will be calculated so if he is applying ILR in Oct '23 - 12 months will be counted between Oct'22 till OCt'23 ? Or is it Jan to Dec for every year ?

[CR001]

Arrived in the UK Feb 2016 - Tier 2 dependant visa
Visa extended in feb 2020 for 3 years PBS dependant, his visa was expiring in Nov 23 so applied for ILR based on 5 years route.

Why has he waited so long to apply for ILR when he could have applied in 2021 when he reached 5 years??

When you say any 12 months - how it will be calculated so if he is applying ILR in Oct '23 - 12 months will be counted between Oct'22 till OCt'23 ? Or is it Jan to Dec for every year ?

No, not Oct to Oct or Jan to Dec. It is ANY 12 month rolling period?

What are his absences since his extension in 2020??

Can you post the exact text of the email/letter from UKVI, taking out any personal details? The exact text of what you received as it will state why UKVI claims he doesn't qualify for ILR.

Are you sure he applied on Set(O) and not on Set(M)?? This is why you should post the exact text from UKVI.

[Monika_tyagi]

This is what this document says

I can see from your application that on 04 October 2023 you applied for
Settlement as an Adult Dependent Relative, which is considered in accordance
with criteria laid out in Appendix Adult Dependent Relative which can be viewed
at:
Immigration Rules - Immigration Rules Appendix Adult Dependent Relative -
Guidance - GOV.UK (www.gov.uk)
We note from your immigration history that you were last granted permission to
remain as a Tier 2- Dep Partner Joining Relatives.
As such were your Settlement application to proceed on the Adult Dependent
Relative route, it is highly unlikely that it would succeed and result in a grant of
Settlement. This is in line with the validity requirements of Appendix Adult
Dependent Relative below which state:
Paragraph ADR 10.2. the applicant must be in the UK and must have, or have
previously been granted, permission as an Adult Dependent Relative.
Paragraph ADR 10.4. an application which does not meet all the validity
requirements for settlement as an Adult Dependent Relative may be rejected
and not considered.
Please consider whether you wish to proceed with your current application or
whether you would like to be considered under Tier 2 dependant route.

[Monika_tyagi]

He didn't apply in 2021 because he had visa extension which was expiring in Nov 23.

In 2022 - he was away from 3rd Dec'21 till 14th Jan 22

And 7th July to 28th Dec that might cause over 6 months rule ?

[CR001]

I can see from your application that on 04 October 2023 you applied for
Settlement as an Adult Dependent Relative, which is considered in accordance
with criteria laid out in Appendix Adult Dependent Relative which can be viewed
at:
Immigration Rules - Immigration Rules Appendix Adult Dependent Relative -
Guidance - GOV.UK (www.gov.uk)
We note from your immigration history that you were last granted permission to
remain as a Tier 2- Dep Partner Joining Relatives.
As such were your Settlement application to proceed on the Adult Dependent
Relative route, it is highly unlikely that it would succeed and result in a grant of
Settlement. This is in line with the validity requirements of Appendix Adult
Dependent Relative below which state:
Paragraph ADR 10.2. the applicant must be in the UK and must have, or have
previously been granted, permission as an Adult Dependent Relative.
Paragraph ADR 10.4. an application which does not meet all the validity
requirements for settlement as an Adult Dependent Relative may be rejected
and not considered.
Please consider whether you wish to proceed with your current application or
whether you would like to be considered under Tier 2 dependant route.

He applied using the wrong form and/or category. He does NOT hold an Adult Dependent Relative Visa under the specif rules.

A Skilled Worker Dependent must apply on Set O as a Skilled Worker Dependent.

[CR001]

He didn't apply in 2021 because he had visa extension which was expiring in Nov 23.

An ILR application can be made when a person meets the requirements, regardless of how much time they have left on their visa.

In 2022 - he was away from 3rd Dec'21 till 14th Jan 22

This is no issue.

And 7th July to 28th Dec that might cause over 6 months rule ?

Which year?? But yes, if after his 2020 visa extension, he has broken his continuity of residence and it started again from scratch when he returned on 28th/29th Dec of whichever year this is.

[CR001]

Also, the ILR application he has submitted doesn't automatically become a Skilled Worker Dependent application. He has to apply for an extension as a skilled worker dependent and pay all the fees. It is unclear if this has been done and you have been asked this question already.

[Monika_tyagi]

He was asked "If you do decide to vary your application, you will need to inform us accordingly.We will hold your current application for indefinite leave to remain as an Adult
Dependent Relative for 14 days from the date of this notice.
If you would like to vary this application, please email the address below to
confirm you want to be considered under the Tier 2 dependant route and we will
treat that as a variation and decide that application instead of your application
for indefinite leave to remain as an Adult Dependent Relative." And he replied on that email that he like this application to be considered Tier 2 dependant route, I am confused so he will not get a ILR but tier 2 dependant visa again ?

[zimba]

He should have withdrawn and applied again using SET(O) for ILR but it seems he doe snot qualify for ILR

[Monika_tyagi]

Ok thanks, his visa is expiring on 23rd Nov so withdrawing and resubmission tier 2 dependant will be after this date will that an issue ?

Also tier 2 dependant has super priority?

[zimba]

As he does not qualify for ILR, UKVI has already taken the appropriate action for variation. So no need for you to do anything

[Monika_tyagi]

Ok thanks for the confirmation, he is keeping this application and hopefully he can get it asap. How do we pay for IHS etc in this application as this was done for ILR as I remember he didn't pay for IHS?

[zimba]

Ok thanks for the confirmation, he is keeping this application and hopefully he can get it asap. How do we pay for IHS etc in this application as this was done for ILR as I remember he didn't pay for IHS?

They will probably ask for IHS payment too