What Should I Do After Being Advised to Reapply for ILR Using SET(O) Form?

[ok_ok]

Hello everyone,

I need some advice regarding my eligibility for ILR. Here is my immigration history in the UK:

• I entered the UK as a Tier 2 Dependant.

• Then I switched to a Global Talent Dependant visa.

• My partner received ILR under the Global Talent route.

• I have been living in the UK legally for more than 5 years in total as a dependant, but on two different dependant visa categories.

My Questions:

• Can I apply for ILR now based on my total time as a dependant (even though I switched categories)?

• Does switching from Tier 2 Dependant to Global Talent Dependant reset the 5-year ILR route?

• If I am eligible for ILR, which application form should I use? Should I apply using SET(O) or another form?

I appreciate any guidance, especially from those who have been in a similar situation or have expertise in immigration rules.

Thanks in advance!

[CR001]

Can I apply for ILR now based on my total time as a dependant (even though I switched categories)?

Yes, doesn't matter that your switched to gtv dependent. It all counts.

Does switching from Tier 2 Dependant to Global Talent Dependant reset the 5-year ILR route?

No.

If I am eligible for ILR, which application form should I use? Should I apply using SET(O) or another form?

Set O is the only form you can use.

[zimba]

FYI The rules for ILR do not care about the type/category of the dependant visa as long as a dependant accumulated 5 years, as the dependant/family visa holder of the main applicant.

The rules are explained here: https://www.immigrationboards.com/viewt ... 4#p2166414

[ok_ok]

Can I apply for ILR now based on my total time as a dependant (even though I switched categories)?

Yes, doesn't matter that your switched to gtv dependent. It all counts.

Does switching from Tier 2 Dependant to Global Talent Dependant reset the 5-year ILR route?

No.

If I am eligible for ILR, which application form should I use? Should I apply using SET(O) or another form?

Set O is the only form you can use.

Thank you very much!

[ok_ok]

FYI The rules for ILR do not care about the type/category of the dependant visa as long as a dependant accumulated 5 years, as the dependant/family visa holder of the main applicant.

The rules are explained here: https://www.immigrationboards.com/viewt ... 4#p2166414

Thank you!

[ok_ok]

Hello everyone,

I need some advice regarding my ILR application. Here's my situation:

• I initially applied for ILR using the SET(M) form.

• I received a letter from the Home Office saying that, as a dependant under the Points Based System (PBS), I cannot apply using SET(M). They also suggested that I submit a new application and should inform them about what I intend to do next.

• I replied to the Home Office stating that I would be resubmitting my application using the SET(O) form.

• It has now been more than 10 days since I replied, and I have not received any response.

My questions:

• Should I proceed and submit my application using the SET(O) form now, without waiting for a response or refund from the previous submission?

• If I do submit the SET(O) form, should I mention that my first ILR application was rejected due to the wrong form?

• When I first applied for ILR, I had a valid visa, but now my visa has expired. Does this affect my new application?

Any advice or guidance would be greatly appreciated!

Thanks in advance!

[CR001]

• I initially applied for ILR using the SET(M) form.

You were advised on 11th February this year, that the only form you can use is SET(O). Why did you use the wrong form??

• I received a letter from the Home Office saying that, as a dependant under the Points Based System (PBS), I cannot apply using SET(M). They also suggested that I submit a new application and should inform them about what I intend to do next.

You need to apply and pay the ILR fee again, using form SET(O).

• I replied to the Home Office stating that I would be resubmitting my application using the SET(O) form.

• It has now been more than 10 days since I replied, and I have not received any response.

Have you submitted and paid using Set(O). Why did you email and just wait? UKVI won't respond to you. The first email would have told you to submit using the correct form.

• Should I proceed and submit my application using the SET(O) form now, without waiting for a response or refund from the previous submission?

Yes!! You should have done this immediately instead of replying to an email and waiting for a response.

• If I do submit the SET(O) form, should I mention that my first ILR application was rejected due to the wrong form?

Just answer all the questions, add a cover note if you wish.

• When I first applied for ILR, I had a valid visa, but now my visa has expired. Does this affect my new application?

No, but you must apply really soon before UKVI makes a decision on the application you submitted using the wrong form.

[ok_ok]

• I initially applied for ILR using the SET(M) form.

You were advised on 11th February this year, that the only form you can use is SET(O). Why did you use the wrong form??

Sorry for the confusion. I didn’t provide the necessary clarification to properly connect my current and previous topics because I didn’t expect my new topic to appear in the same thread as the old one.

When I created my first topic, I didn’t provide the full context of my situation to avoid unnecessary details. I applied using SET(M) in November, and by the time I posted on this board on February 11, I had already received an email from the Home Office. They informed me that I am not eligible for ILR under Appendix FM but offered me the opportunity to reapply. They also asked me to confirm my next steps so they could 'complete the variation process and refund my current application fees.'

I did some research and found that the best option for me would be SET(O). I decided to confirm my understanding by posting here the first topic.

[zimba]

Apply using SET(O) NOW

Your previous application was not rejected, it is being held. If you apply using SET(O) that will be automatically considered a variation of the previous application and your section 3C should continue to protect you. So I strongly emphasise here again, APPLY NOW !!