ILR (dependent, earlier on Tier 2 and later on GT)

[sohail_81]

Hi,
I applied for my spouse's ILR application.
Immigration History:
You entered the UK as a Tier 2 partner on 26 October 2018 with Entry Clearance granted from 26 Sep 2018 to 14 Jan 2022.
On 03 Dec 2021 you applied for DEP Spouse (BRP) Joining Person with LTR (except paras 277-289) – Leave to Remain and you were granted LTR as a Tier 2 Partner valid from 18 Jan 2022 to 09 Nov 2023.
On 30 Aug 2023 you applied for Spouse of Settled Person – Indefinite Leave to Remain (ILR) under Appendix FM of the immigration rules.

Home Office response:
In order to qualify for indefinite leave to remain under Appendix FM you are required to complete either at least 60 months or 120 months of leave under this route, as stated in section E-ILRP.1.3 of Appendix FM below:
E-ILRP.1.3. (1) The applicant must, at the date of application, have completed a continuous period of either:

(a) at least 60 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);
or
(b) at least 120 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1. or D-ECP.1.2.;
or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1. or D-LTRP.1.2.; or
(iii) a combination of (i) and (ii).
However, we note from your immigration history that you have not completed any time under the partner route of Appendix FM.

My question: I applied 28 days before completing 5 years (as I read from gov.uk). I am also wondering did I used the wrong form [I used Set(M) as I have ILR] as my spouse switched as a dependent from Tier 2 to a Global Talent visa. Where I made a mistake, still unable to know. So what are the reasons - wrong form or applying 28 days before 5 years from the date of Entry Granted and not Entry to the UK.

[CR001]

My question: I applied 28 days before completing 5 years (as I read from gov.uk). I am also wondering did I used the wrong form [I used Set(M) as I have ILR] as my spouse switched as a dependent from Tier 2 to a Global Talent visa. Where I made a mistake, still unable to know. So what are the reasons - wrong form or applying 28 days before 5 years from the date of Entry Granted and not Entry to the UK.

You used the wrong form.

SET(M) is ONLY for those who hold a spouse settlement visa under Appendix FM for 5 years.

You should have used form SET(O).

The form to use is determined by the applicants VISA category they hold, not by your immigration status that has changed.

What else does the email say as options for you?

[sohail_81]

My question: I applied 28 days before completing 5 years (as I read from gov.uk). I am also wondering did I used the wrong form [I used Set(M) as I have ILR] as my spouse switched as a dependent from Tier 2 to a Global Talent visa. Where I made a mistake, still unable to know. So what are the reasons - wrong form or applying 28 days before 5 years from the date of Entry Granted and not Entry to the UK.

You used the wrong form.

SET(M) is ONLY for those who hold a spouse settlement visa under Appendix FM for 5 years.

You should have used form SET(O).

The form to use is determined by the applicants VISA category they hold, not by your immigration status that has changed.

What else does the email say as options for you?

They wrote:
If after you have reviewed the applications, you would like to submit fresh applications, please advise us of the decision within 14 days of the date of this email. We will hold the applications submitted on 30 Aug 2023 until new applications have been submitted before processing a refund of the fees.

[CR001]

You need to apply, submit and pay for a new application using form SET(O) within 14 days.

The fee for the incorrect form will likely be refunded.

[sohail_81]

Thank you for your response. They are very helpful. Out of curiosity, I have two questions.
- Do I need to wait for their response to apply a fresh application?
- Is there a way for a Set(M) application can be transferred to a Set(O) application without making a new application? [By this I can save increased price]

[CR001]

- Do I need to wait for their response to apply a fresh application?

No.

- Is there a way for a Set(M) application can be transferred to a Set(O) application without making a new application? [By this I can save increased price]

No. You have to apply and pay what the fee is at the time of new application.

[sohail_81]

Many thanks for your quick response. Very helpful. I am filling Set (O) form and I have a few questions related to this new application:

Q1- Since my spouse's visa is expired, they ask: Was there a reason beyond your control why you did not apply before your visa or leave to remain expired? Give details about the reason.

My response: "I have applied for ILR under the Spouse route of Appendix FM within the Immigration rules dated 30 Aug 2023 (Ref xxxx) but the visa officer suggested reviewing the application and submitting a fresh application (see attached UKVI's email). I should have used the Set (o) form as this is the right type of form for my situation - dependent on the Global Talent visa holder."

Is this response okay?

Q2- Are you able to provide a biometric residence permit (BRP) card with this application?
There are four choices:

Yes, and it is valid

No, my BRP is lost or stolen

No, I have already sent my BRP to the Home Office

No, I do not have a BRP for my most recent leave
Which one to pick since BRP expired on 09/11/2023. I have picked the first one but doesn't look right, as BRP has already expired.

I would be thankful for your response. Best.

[sohail_81]

Your suggestion would be greatly helpful. Please do if you can. Thank you!

[zimba]

Yes it is good

[sohail_81]

Yes it is good

Thank you, Zimba. I hope I have also responded q2 in the right way. Many thanks, this group is very useful.

[AmazonianX]

Yes it is good

Thank you, Zimba. I hope I have also responded q2 in the right way. Many thanks, this group is very useful.

Yes, as it was valid when you applied earlier. You may repeat same comment as for q1.

[sohail_81]

Many thanks. One last question related to the consent part (I checked many places but seems different answers).
- Here, the main applicant is my wife (as a dependent on a global talent visa) and two children.
- We don't have a joint account (all bills and expenses are paid by the husband and not by the applicant)

Consent parts:
I will provide a declaration signed by me to confirm my consent for the Home Office to request verification checks [Answer would be Yes]

Is the account with a bank or utility company for which you have supplied information and supporting documentation held jointly by you and other people? [The answer would be no as such we have no joint account]

Does the account with the bank or utility company for which you have supplied information and supporting documentation relate to another person who is to provide you financial support? [ Here, it should be Yes, as the husband is the third party as per my understanding]. Am I right?

I will greatly appreciate your response. Thank you for all your support.

[zimba]

Your husband is not a third party. The consent form has two parts, you sign part 1 and your spouse signs part 2, part 3 (third party) is ignored

[sohail_81]

Your husband is not a third party. The consent form has two parts, you sign part 1 and your spouse signs part 2, part 3 (third party) is ignored

Many thanks to the lovely team for their support. I am finally uploading documents and tomorrow I will give biometrics. The earlier answer will be greatly appreciated. They asked for two documents as "other documents" and I think both are the same.

-Declaration signed by xxxx to confirm consent for the Home Office to request verification checks
- Consent form for the Home Office to request verification checks on xxxx for joint accounts or third party support

I think I need to upload at only one place - as suggested earlier part 1 will be signed by the applicant (dependent ILR) and part 2 by the spouse.

[zimba]

It is just that part 1 and 2 of the consent form