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SET M application refused asking to resubmit please help should I go to solicitor or do it self

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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SMP
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Joined: Wed Feb 26, 2025 12:07 pm
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SET M application refused asking to resubmit please help should I go to solicitor or do it self

Post by SMP » Tue Jun 03, 2025 1:02 pm

We are writing to you regarding your application for indefinite leave to remain made on 14 November 2024 under the reference above.
You have submitted an indefinite leave to remain application as the parent of a child present and settled in the UK. This application will be assessed under Appendix FM
(5-year route) of the Immigration Rules.
Having assessed your immigration history, the Home Office has deemed the application you have submitted as incorrect.
In order to qualify for indefinite leave to remain under Appendix FM you are required to complete either at least 60 months under this route, As stated in section EILRPT.1.3 of Appendix FM below:
E-ILRPT.1.3. (1) Subject to subparagraph (2), the applicant must, at the date of application, have completed a period of continuous residence in the UK of at least 5
years (60 months) with the following:

(a) leave to enter granted on the basis of entry clearance as a parent granted under paragraph D-ECPT.1.1; or
(b) limited leave to remain as a parent granted under paragraph D-LTRPT.1.1; or
(c) a combination of leave under (a) and (b).
(1A) In respect of an application falling within subparagraph (1) above, the applicant must meet all the requirements of Section E-LTRPT: Eligibility for leave to remain as a parent (except that paragraph E-LTRPT.1.2. cannot be met on the basis set out in
sub-paragraph (c), (d) or (e) of that paragraph, and in applying paragraph ELTRPT.3.1.(b)(ii) disregard the words “2.5 times”).
Please see your immigration history below:
You claim you entered the UK in August 1999.
On 6/7/2012 you applied for EEAA Zambrano which was refused on 03/02/2014.
On 28/09/2012 you applied for Leave Outside The Rules which was refused, and you were granted Leave To Remain on the basis of Family Life valid until 27/08/2016.
You were then granted Leave To Remain on the Family/Private Life on the 10 year route, valid from 18/04/2017 until 20/10/2019.
You were then granted Leave To Remain on the Family/Private Life on the 10 year route, valid from 08/11/2019 until 25/05/2022.
You were then granted Leave To Remain on the 5 year route, valid from 24/09/2022 until 09/04/2025.
Any previous leave granted under the Leave Outside the Rules 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.
As you have not done enough time on route the Home Office would like offer you the chance to make another application to extend your leave within the United Kingdom.
In order to do this we will need you to resubmit a new application with another team.
If the applicant has 3c leave then include the following blue wording
As your last visa expired on DATE you are currently covered by 3c leave.
If you choose to submit another application please inform us when this has been
made and we will complete the variation process and refund your current application fees. You will receive a full refund should you choose to vary your application.

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CR001
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Re: SET M application refused asking to resubmit please help should I go to solicitor or do it self

Post by CR001 » Tue Jun 03, 2025 1:27 pm

You need 5 years on your current visa route, spouse visa, to apply for ilr on form SET M, so you don't qualify for ILR on Set M yet.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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zimba
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Re: SET M application refused asking to resubmit please help should I go to solicitor or do it self

Post by zimba » Tue Jun 03, 2025 5:16 pm

Time spent under the 5-year route cannot include any time spent under the 10-year family route. However, you will qualify in 2027 under the 10-year family route.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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