Set M-ILR - Appendix FM 5-year partner route

[ajaysoni82]

Hi,

I was on Tier 2 General Visa from Nov-2019 till Nov-2024 and received my ILR on 11th Nov 2024.

I applied for ILR for my wife and daughter on 7th Feb 2025 followed by a Biometrics appointment on 11th Feb 2025. After about 14 weeks, I received a Unsuccessful decision on 27th May with reason as "You currently have not accrued 5 years continuous leave under the Appendix FM 5-year route".

Below is the complete timeline of the Dependant Visa (Wife's),

Tier 4 General Student - Leave to Enter
BRP Issued on: 07-Sept-2018 and BRP Valid Until: 30-Jan-2020

PBS Dependant - Leave to Remain
BRP Issued on: 26-Feb-20 and BRP Valid Until: 19-Jan-23

Dependant Partner - Leave to Remain
BRP Issued on: 01-Feb-23 and BRP Valid Until: 31-Dec-24, Visa Valid Until: 02-Feb-2026


To my understanding I can apply for the ILR 28 days before the 5 years eligibility which for dependants based on the timelines gets worked out to 29th Jan 2025.

Please can you advice how do I proceed with the unsuccessful application of dependants as I believe they have completed full 5 years before applying for ILR.

Thanks.

[zimba]

You used the wrong form

Read: DO NOT apply using form SET(M) if you are a dependent of someone under a work related route

[ajaysoni82]

I am/was the primary visa holder i.e. Tier 2 General.
My wife and child are on dependant visa and timelines is mentioned as below.

They are my dependant and so I used SET(M) for them. I applied using SET(O) and had successful ILR application back in Nov 2024.

Rejection is for my wife's and child's application and they are my dependants.

[CR001]

Your dependents must use form SET O for ILR.

They don't hold a qualifying visa to use form SET M.

You applied using the wrong form!!

Click on the link that zimba has provided

[ajaysoni82]

Thanks for your response CR001 & zimba.

So if I understand it correctly, I will need to reapply for their application using SET (O) forms?

Also, the Home Office decision email says "Refund of Fees If you have paid an application fee you will receive a refund". Based on this statement, will I get the refund for previous application automatically or do I need to apply for the refund?

[zimba]

Thanks for your response CR001 & zimba.

So if I understand it correctly, I will need to reapply for their application using SET (O) forms?

Also, the Home Office decision email says "Refund of Fees If you have paid an application fee you will receive a refund". Based on this statement, will I get the refund for previous application automatically or do I need to apply for the refund?

Yes. Note that fees for a refused concluded application will not be refunded. Refunds are only given if the UKVI has not refused the application yet.

[CR001]

What exactly does the letter say that your received?? Post the text of it, removing personal information such as names, ref numbers etc.