ILR application - not being asked for expected proofs. Is this normal now?

[lampwick]

Hello all.

I asked previously regarding a fee waiver and it's a long story but in the end we have raised the money through family members. I noticed that in our entire ILR application we have not been asked *any* questions about either of our finances(?) and we have also not been asked to send *any* documentation regarding proving that we are living together, income... nothing. It was a rather sparse application.

Everything I have read online states that we should have been asked questions about this and asked to supply evidence. Is this no longer the case? Maybe we're just being paranoid but it just seems odd.

Literally the only documents we are being asked to upload are my wife's passport and BRP. Is this how it is for everyone now?

We are on the 5yr partner route. Grateful for any insight here to prove we're not just being paranoid!

[CR001]

Which form did you complete?

[lampwick]

Hello. We saved the application and it states:

TYPE OF VISA / APPLICATION: Settlement Private Life

[CR001]

You need to apply on form SET(M) after 5 years on a spouse visa, which definitely asks for what you have said is not asked for. You likely completed the wrong form or tick something incorrectly.

You are not applying for ILR based on Private Life, which has very specific requirements and specific visa categories (not spouse visa).

https://www.gov.uk/apply-indefinite-lea ... ligibility

[lampwick]

WOW

How did this happen? Rhetorical question, but we thought we followed the correct process, and everything seemed fine in terms of information when applying. Nowhere did it state that this form was not for those applying as a partner.

We have emailed the visa help team to ask if they can cancel the original application and transfer the payment to a new SET(M) application since it's the same amount. Yikes...

Side note: have you every heard of someone doing this? Cancelling and having the fee used for a new, correct application I mean

[meself2]

WOW

How did this happen? Rhetorical question, but we thought we followed the correct process, and everything seemed fine in terms of information when applying. Nowhere did it state that this form was not for those applying as a partner.

We have emailed the visa help team to ask if they can cancel the original application and transfer the payment to a new SET(M) application since it's the same amount. Yikes...

Side note: have you every heard of someone doing this? Cancelling and having the fee used for a new, correct application I mean

Sometimes UKVI offers you to vary your application to correct one (apply in a different category). But you then pay the fee anew and wait for a few weeks/months so HO returns you the fee paid for the original application - it's not automatically transferred.

[CR001]

How did this happen? Rhetorical question, but we thought we followed the correct process, and everything seemed fine in terms of information when applying. Nowhere did it state that this form was not for those applying as a partner.

It all depends where you went online and what you clicked to apply to get the correct form. Set(M) clearly states who it covers and would ask all about the financial requirements etc.

https://www.gov.uk/government/publicati ... -form-setm

Use this online form to apply for indefinite leave to remain in the UK as a partner of a person or parent of a child already settled in the UK.

We have emailed the visa help team to ask if they can cancel the original application and transfer the payment to a new SET(M) application since it's the same amount. Yikes...

That is not how it works unfortunately. You will be unable to submit a SET(M) application without paying the fee. If you cancel the current application, you have to wait for a refund and then apply again. When does the spouse visa expire?

Side note: have you every heard of someone doing this? Cancelling and having the fee used for a new, correct application I mean

UKVI likely will contact you to advise you have completed the wrong form and request you to apply again on the correct form (pay again) or they will just ask you to pay IHS and grant a 2.5 year visa putting you on a new path to ILR of (possibly) 10 years.

[lampwick]

In that case I think our only option is to apply for a refund and then complete SET(M).

I don't suppose you would know if we are likely to receive a full refund in such cases? Or how long they usually take?

Visa expires 14th April 2024 so we have time.

Thanks again

[CR001]

In that case I think our only option is to apply for a refund and then complete SET(M).

That is all you can do.

I don't suppose you would know if we are likely to receive a full refund in such cases? Or how long they usually take?

Full refund yes, provided you have not attended your biometric appointment (which I really hope you have not).

Visa expires 14th April 2024 so we have time.

Should be fine. Refunds take a couple of weeks.

[lampwick]

Thanks. We feel so stupid!

No, our biometrics appointment was not until the 28th and we chose a free slot so no worries regarding a refund for that.

[CR001]

Thanks. We feel so stupid!

Always check on the forum if you are ever unsure. We are here to help

No, our biometrics appointment was not until the 28th and we chose a free slot so no worries regarding a refund for that.

28th March?

[lampwick]

Thanks, and yes 28th March.

Her visa expires on 14th April as per her BRP so as long as we get the refund before that we will simply apply under SET(M) as soon as we get it.

[CR001]

Yes, so don't do biometrics. Cancel the appointment.

Wait for the refund and apply on form SET(M) before her visa expires.

[lampwick]

Ok so we have cancelled the biometrics appointment, however we are aware that is not the same as cancelling the application itself. Looking here: https://www.gov.uk/cancel-visa we are directed to this page: https://eforms.homeoffice.gov.uk/outrea ... ments.ofml however this appears to be entirely about returning physical documents, which does not apply to us.

Is there another form we should be using? We've read this many times and feel like we're going crazy right now! Also, when selecting ILR applications on this form we are asked for Home Office reference numbers and Case IDs - neither of which we have. We have only an application number (16 digits with another 2 after / ) and a payment reference.