ILR application rejected as invalid Set (M)

[AbuYara]

Hi,

I have applied for ILR using Set M application form, which was rejected as explained here:

"Your application has been rejected as invalid and will not be considered.
The reasons for this decision are:
You currently have not accrued 5 years continuous leave under the Appendix FM 5-year route.
You have extant leave until 28/03/2027 as a Dependant Joiner under the Points Based System.
Any previous leave granted under the Points Based System cannot be included in the qualifying period for ILR under Appendix FM, therefore, you have not completed the required period of 60 months under Appendix FM."


These are the leaves I was granted:
From 08-10-2019 to 25-08-2020 - PBS dependant (expired when my husband's tier 2 expired)
From 15-03-2021 to 15-03-2024 - PBS dependant (The gap between the first 2 was due to covid backlogs.)
From 28-03-2024 to 28-03-2027 - Dependant partner.

I am a few months short of the 5 years requirement as I switched to the partner route when I was on 4 years and 5 months on the dependant route. This switch is due to my husband's change of status, as he was a British citizen then.

My understanding now is that I should apply with Set O form, which is the one meant for PBS dependant.

What I want to understand is, will this application be accepted ? The clock reset should not apply to me as my husband's change of status (i.e. no longer being on Tier 2 PBS) is not within our control.

[CR001]

From 28-03-2024 to 28-03-2027 - Dependant partner.

Don't think your clock reset as a FLR M spouse visa is not issued for 3 years but for 2.5 years. This appears to be the same visa category you were already on.

Apply and pay again using form SET O.

[AbuYara]

From 28-03-2024 to 28-03-2027 - Dependant partner.

Don't think your clock reset as a FLR M spouse visa is not issued for 3 years but for 2.5 years. This appears to be the same visa category you were already on.

Apply and pay again using form SET O.

Thank you so much!

[AbuYara]

I have reapplied with Set O form. I will update my status in case this is useful to someone in the future.
Btw, the home office refunded my rejected application using Set M, minus 25 pounds admin fee.

[CR001]

Btw, the home office refunded my rejected application using Set M, minus 25 pounds admin fee.

This is normal and nothing new.