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SET(M) Variation Granted - Help with Dates Needed!

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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character2202
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SET(M) Variation Granted - Help with Dates Needed!

Post by character2202 » Fri Apr 11, 2025 10:16 pm

Hello,

I applied for ILR on the basis of private life in November, 2024. I have just received word that I should have used the SET(M) form. Luckily, I am allowed to re-apply as a variation.

However, I don't know what my date of application is for payslips, etc. now (in the interim my partner is also now director of a non-trading company as of Feb 2025, which is now a question - even though we aren't using it for financial proof and there is no income and hasn't had a tax submission yet). Is is Nov 2024, the original date - or April 2025, the new date?

I called the Home Office to clarify the date of application, they could only say, "this is the date you submitted for ILR" - but now I have two dates I've submitted for ILR? My other thought was to provide a cover letter and explain Nov-April materials as well as November 24 and prior, but I'm concerned this would make an extreme excess of documents.

On (November 2024) you applied for permission to stay on the Private Life Route. You have never been on the Private Life route and would therefore not meet the validity requirements. However, information you have provided as part of your application suggests you should instead have submitted an application as a spouse on application form SET (M).

Please consider whether you wish to proceed with your current application or whether you would like to vary this application. You may want to seek independent immigration advice.

If you do decide to vary your application, you will need to pay a fee for the new application and you will then receive a refund of the fee for your current application.

We will hold your current application for 14 days from the date of this notice. If you would like to vary this application you should submit a new application on application form SET(M), and we will treat that as a variation and decide that application instead of your application on the Private Life route.

If we have not received a new application from you by (April 2025), your application on the Private Life Route will be rejected.


Help appreciated, or if anyone has had a similar experience and a successful application?

character2202
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Joined: Fri Apr 11, 2025 10:02 pm
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Re: SET(M) Variation Granted - Help with Dates Needed!

Post by character2202 » Fri Apr 11, 2025 11:28 pm

I did find this but seems counter-intuitive to the search advice here - trying to find specifics on documentation.

"Where an application is varied, the application date remains the date of the original
application. "

2023 Doc, pg 25: https://assets.publishing.service.gov.u ... ations.pdf

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zimba
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Re: SET(M) Variation Granted - Help with Dates Needed!

Post by zimba » Sat Apr 12, 2025 4:39 pm

Yes the date of application will be the date of original application, so they would treat it as if you applied in November 2024
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

character2202
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Joined: Fri Apr 11, 2025 10:02 pm
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Re: SET(M) Variation Granted - Help with Dates Needed!

Post by character2202 » Sat Apr 12, 2025 8:18 pm

Thanks Zimba, really appreciate your time in replying.

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