Incorrect SET(M) form - now beyond visa expiry date

[tomesy]

Hi there,

I wonder if anyone can help me - my partner applied for ILR using the incorrect SET(M) form. It apparently expired 4 days before we made our postal application but we didn't realise and have now had all our documents returned nearly 2 months later.

Her visa expired on the 10th November and as I only recently discovered these boards, I had no idea of the length of time of the postal waiting lists.

We have managed to book an appointment in Solihull for Tuesday, does anyone know if we can make a Premium application considering the circumstance and the fact her current two year visa has expired, or do we have to go to the back of the Postal queue again?

Any advice I can be given would be appreciated?

[Lucapooka]

I would recommend that you apply by post.

[Greenie]

What form did you use and when did you apply?

[tomesy]

We used the SET(M) form version 07/2012 which apparently expired on the 6th October. We probably filled the form in around that time so must have printed it a couple of days before.
It's was stamped as received on the 16th October.

The current form version appears to be version 09/2012.

We would much rather go in person, pay the Premium as both of us need to travel with our jobs. We did try and book in at Croydon at the time but there were no appointments and to be honest naively we thought the postal process might take a couple of months.
If only I'd have discovered this forum previously.
The thought of going to the back of the postal queue again fills me with dread!

[tomesy]

For those who ae interested, I phoned the Border Agency today.

Apparently there should be a 28 day grace period between changing forms and a number have been sent back incorrectly (mine including).

A case worker will call me in the next 48 hours. Fun fun fun!!

[vinny]

34I. Where an application or claim is made no more than 21 days after the date on which a form is specified under the immigration rules and on a form that was permitted for such application or claim immediately prior to the date of such specification, the application or claim shall be deemed to have been made on the specified form.