WHICH FORM TO USE FOR ILR? SET (M) NOT VALID

[rock9009]

I recently applied for my wife; the application was submitted on the 7th December 2020, which is after five years of staying in the UK. My application was created as a SET (M) ILR.

Personally. I am a British national, but I came here as a student, switched to tier 2, obtained my ILR, and eventually became a British citizen.

When my wife arrived in the country in 2015, she was classified as a PBS dependent, a tier 2 dependent, and her status was extended in 2018. However, the home office has emailed me to inform me that I used the incorrect application form, SET (M) and that I should use a different application form.

Could someone please advise me on which application form to use?

HOME OFFICE EMAIL -

Thank you for your recent application to settle in the UK as the partner of a British Citizen. Your application has been made using form SET(M) for Indefinite Leave to Remain, which is considered according to the criteria laid down in Appendix FM of the Immigration rules.

However, we note from your immigration history that you have not completed any time under Appendix FM of the immigration rules.

You were initially granted entry clearance as a Tier 2 partner
You were then granted limited leave to remain as a Tier 2 partner
As such were your application to proceed it is highly unlikely that the application for settlement would succeed and result in a grant of Indefinite Leave to Remain. (ILR)

In order to qualify for Indefinite leave to Remain under Appendix FM you are required to complete either at least 60 months or 120 months of leave under this route, As stated in section E-ILRP.1.3 of Appendix FM below:

The applicant must, at the date of application, have completed a continuous period of either:

1. (a) at least 60 months in the UK with:

(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or

(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or

(iii) a combination of (i) and (ii);

or

2. (b) at least 120 months in the UK with:

(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1. or D-ECP.1.2.; or

(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1. or D-LTRP.1.2.; or

(iii) a combination of (i) and (ii).

Accordingly, we would like to give you the opportunity to review your application.

If after you have reviewed the application you would like to submit a fresh application under a different route, please advise us of the decision within 14 days of the date of this email. We will hold the application submitted on 07th December 2020 until you have notified us that new application has been submitted before processing a refund fee minus an administration fee of £25.

If you chose to continue with the ILR SET(M) application or you do not reply within 14 days of the date of this letter, your application will then be considered using the criteria laid down in Appendix FM.

[CR001]

1. You used the wrong form. A PBS dependent can ONLY apply for ilr on form SET O.

2. On what basis did you get ilr, 5 years tier 2 or 10 years long residence?? This is very important to know

[rock9009]

Thank you so much for your reply. I got my ILR on the 5-year route meeting the requirement of 35000 pounds salary in the year 2018.

[CR001]

You need to apply for ilr for your dependents on form SET O.