Indefinite Leave to Remain (unsuccessful)

[Mo87Ma]

Dear all,

I received the below response from UKVI:

You have submitted an indefinite leave to remain application as the spouse of a settled person, 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 E-ILRP.1.3 of Appendix FM below:

E-ILRP.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 partner granted under paragraph D-ECP.1.1; or
(b) limited leave to remain as a partner granted under paragraph D-LTRP.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-LTRP: Eligibility for leave to remain as a partner (except that paragraph E-LTRP.1.2. cannot be met on the basis set out in sub-paragraph (c), (d) or (e) of that paragraph, and in applying paragraph E-LTRP.3.1.(b)(ii) disregard the words “2.5 times”).

Please see your immigration history below:

On 07 December 2020 you applied for TIER 2 PARTNER – LTE and were Granted on 16 December 2020 until 28 January 2023.

You then applied for Dependant Joiner LTR on 10 January 2023 and were Granted on 23 January 2023 until 23 January 2026.

You have since applied for Settlement on 23 January 2026.

Any previous leave granted under the Points Based System/Part 8 of the Immigration Rules/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.

I will give an additional Context:

My Partner had Tier 2 skilled visa until January 2023, then applied and got ILR, and in April 2024 got their British Citizenship.

Any help is appreciated, thank you !!!

[zimba]

You applied using the wrong form. This common mistake been covered several times. The thread below has been pinned on top of this forum for a long time.

READ --> DO NOT apply using form SET(M) if you are a dependant of someone who was under a work related route

[Mo87Ma]

Many thanks for your response, and much appreciated

However, will Set(O) still be applicable considering that the partner has become a British Citizen (July 2024) while the applicant was still on PBS Dependent Partner? this happened after they received their ILR based on Tier 2 5-year skilled worker visa back in January 2023.

So sorry but this has become a stressful issue

[CR001]

It is your visa route that determines the form, not your partners current uk status of being British.

If you were a Skilled Worker dependent for 5 years, the only form applicable is form SET O, even if ypu partner got ilr and citizenship. The rules allow this.

Please click and read the link Zimba has provided!!

[zimba]

An immigration form is selected based on the immigration route you want to apply under. Form SET(M) is used when you aim to apply for ILR under Appendix FM rules (which you did NOT qualify). In your case, the current status of your partner is irrelevant. Did you read any of my advice where I highlighted this ??

FYI
There is no such a thing as Tier 2 skilled worker visa route. The PBS Tier 2 General route was replaced by the skilled worker visa several years ago. You are under a dependant partner visa and you must apply for ILR only using form SET(O)

[Mo87Ma]

Many thanks for all the responses, SO HELPFUL,

May I ask one final question please, in beginning of Set(O) application, it asked the following:

The person you are joining or accompanying, What's their Nationality?

Should I say British Citizen (because they currently a British Citizen) or their original country of nationality?

so many thanks

[zimba]

They are British

[Mo87Ma]

Hi all,

All your help is much appreciated, and please accept my apologies to asking re-assurances because it is stressful to me and the family as we have never experienced this before.

@Zimba, your post on a similar incident was very helpful, thank you

Yes my partner was on PBS Dependent Visa from January 2021 - January 2023 then on Dependent Partner from January 2023 - January 2026.

I will go ahead with Set(O), thank you

[zimba]

There is nothing to be anxious about. You applied using a wrong form. Apply again using form SET(O) and ensure that you choose the correct route 'Skilled worker dependant'

You will be fine