Documents for SET (O) form Partner ILR

[mailtonsridhar]

Hello

I have recently applied for ILR for my dependents using SET(M) form. However it was rejected stating

“ 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:
You applied for Tier 2 Dependent LTE on 26 March 2019 which was granted from 05 April 2019 until 14 October 2021.

You then applied for Tier 2 Dependent LTR 04 March 2021 which was granted on 06 April 2021 until 17 May 2024.

You currently have an outstanding application for Settlement dated 09 April 2024.

On the basis of your leave under the Tier 2 route you do not qualify for settlement on our route as you have not done any time on the appendix FM. Tier 2 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.”

My dependents have completed 4.11 years and as per my understanding I can submit the application after 4.11 years.
Can someone pls help?


Thanks
Sid

[CR001]

You applied using the wrong form!

They apply on form SET(O). You need to submit a new application, and will have to pay fees again. The other fees will be refunded.

[mailtonsridhar]

Hello, thanks for responding

I should have mentioned in the original post.
I have an ILR and my dependents are still on Tier 2 General Dependent visa.
When filling up Set(O) its asking for my AWF number of Tier 2 Application, which did not feel eight for me.

Thanks
Sid

[CR001]

It is their visa category that determines the form they apply on, regardless of what doesn't feel right. You need to complete the form as best you can. Their ILR is based on your previous visa category and you now holding ILR.

[mailtonsridhar]

Hello

I am filling SET(O) ILR FORM for my wife and kid who are on TIER2 General Dependant Visa
I am on ILR (previously TIER2 General Visa)

My wife is dependant on me for financial support.

So, As part of the documentation process

I downloaded the family consent form which has 3 parts. My wife (the applicant) will sign the 1st part,
me and my wife will sign the 2nd part

and the 3rd part has to be signed by me alone or both?

We have both our names on council tax and gas bills, so confused on 3rd part of consent form

Is this correct?
,

Do I need to provide my payslips/bank statements/employment letters?

Thanks
Sid

[CR001]

1. Do not tag your questions onto other members topics. It is considered rude.

2. Part 3 is not required.

Do I need to provide my payslips/bank statements/employment letters?

No!

[mailtonsridhar]

Thank you for clarification.
Apologies for tagging, didn’t mean to be rude.