Set M ILR eligibility query

[YO17]

Hi all,

I hope you are well. My spouse applied for his ILR last week Friday. He was first granted his Tier 2 dependency visa on 30 June 2016. As he applied via super priority, we received a response on Friday that he does not meet the eligibility criteria under Appendix FM and to respond within 14 days.

Are we missing something here, he has been in the UK for a continuous period exceeding 60 months so clearly our understanding is that he should be eligible. Application submission was 5 August.

We think it was a mistake and intend to respond but wanted to check if we missed something.

Thank you.

[secret.simon]

Did they say which criteria he failed?

Was the English language test of at least B1 standard and an LITUK test submitted along with the application?

EDIT: Also, if he has spent five years in the UK on a Tier 2 Dependent visa, an application under Appendix FM is almost certainly the wrong form. Which SET form did you use for the application?

[CR001]

Hi all,

I hope you are well. My spouse applied for his ILR last week Friday. He was first granted his Tier 2 dependency visa on 30 June 2016. As he applied via super priority, we received a response on Friday that he does not meet the eligibility criteria under Appendix FM and to respond within 14 days.

Are we missing something here, he has been in the UK for a continuous period exceeding 60 months so clearly our understanding is that he should be eligible. Application submission was 5 August.

We think it was a mistake and intend to respond but wanted to check if we missed something.

Thank you.

Set(M) is the WRONG form if the applicant has held a Tier 2 Dependent visa for 5 years. Set(M) is for those who have held a spouse visa under Appendix FM for 5 years. This is not a tier 2 dependent visa.

Form Set(O) should have been used.

[YO17]

Thank you for responding. They didn’t talk about the English B1 and LIUK test. We have that and submitted that.

Their response was that he didn’t meet the eligibility criteria via the appendix in terms of spending 60 months or 120 months and we should respond or apply via another route. We found it quite weird and guessing maybe it’s a mistake - we ate thinking probably the officer mistakenly referred to 2016 as 2017 unless there are other reasons we didn’t consider.

[zimba]

Thank you for responding. They didn’t talk about the English B1 and LIUK test. We have that and submitted that.

Their response was that he didn’t meet the eligibility criteria via the appendix in terms of spending 60 months or 120 months and we should respond or apply via another route. We found it quite weird and guessing maybe it’s a mistake - we ate thinking probably the officer mistakenly referred to 2016 as 2017 unless there are other reasons we didn’t consider.

You applied using the wrong form You must have applied via SET(O)

[YO17]

Thank you everyone. Can’t believe we made the mistake.

We will respond to reply under Set O.

Many thanks for all your response.

[YO17]

Just wanted to say thank you to the moderators and everyone who responded. My partner has gotten his ILR decision.

Thank you again.