Urgent help/advise needed - Dependent ILR Application Rejected

[durgagiitbam]

Hi, I got my ILR last year Sept, my wife is eligible now (well under 28 days) to get her ILR. I came to UK in skilled worker visa(initially Tier 2 general), then my wife joined on Nov 05 2020 as dependent. As she will well under 28 days period of applying dependent ILR application, hence I applied through SET M application and submitted my application on OCT 10 2025 and as we took superpriority we got the decision today itself and home office rejected our application. Please find the below email from home office. I was literally panicked because I believe we can submit the application well with in 28 days and it is. Can you please guide me here. I called one of the solicitor, they told I have used wrong form to submit my wife's ilr application and I should have used right one. When I did a research, it says I supposed to used SET O form (for PBS dependent ILR). Can you please help me here, do I need to go for solicitors or I can fill and submit SET 0 form by myself I am bit worried now after this rejection. will this rejection will impact my future ILR application. Your help is highly appreciated.

Dear Ms ******************

UAN: *************

You have attempted to make an application for Settlement in the United Kingdom, under the Appendix FM 5-year partner route.

Your application has been rejected as invalid and will not be considered.

The reasons for this decision are:

You currently have not accrued 5 years continuous leave under the Appendix FM 5-year route.

You have extant leave until 16 April 2026.

Refund of Fees

If you have paid an application fee you will receive a refund, minus a £28 admin fee, for each person included in the application.

See next steps section for what you should do now.

Yours sincerely,

***********
Marriage and Family In Country Routes – Settlement
UK Visas and Immigration

The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at https://www.gov.uk/government/publicati ... itizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns

Next steps

You must either:

apply for further permission to stay before your current permission ends
seek help and advice on returning home
leave the UK before your current permission ends.
When your permission to stay ends

If you want to stay in the UK after your current permission ends you must make an application for permission to stay before your current permission ends. We recommend you apply no more than 28 days before your current permission ends.

Details of how to apply to do this can be found on the GOV.​UK website.

Help and advice on returning home

The Voluntary Returns Service (VRS) can be contacted for help and advice on returning home. The VRS can discuss the status of your case and the next steps in your departure from the UK.

The VRS can provide practical support – from providing access to a passport or emergency travel document, purchasing your flight ticket or help to arrange a complex return with reintegration support for those who are eligible. Please contact the VRS team to obtain practical support regarding your return.

Contact the Voluntary Returns Service

Online: https://www.gov.uk/return-home-voluntarily

Telephone: 0300 004 0202 (Monday – Friday between 09.00 and 17.00)

Consequences of staying in the UK unlawfully

If you stay in the UK without permission to do so:

you can be detained
you can be prosecuted, fined and imprisoned
you can be removed and banned from returning to the UK
you will not be allowed to work
if you do work illegally, your earnings may be seized, and assets confiscated
you will not be able to rent a home
you may not be able to claim any benefits and you may be prosecuted if you try to
you can be charged by the NHS for medical treatment and if you fail to pay, this may prevent you from remaining in or re-entering the UK
you can be denied access to a bank account
your existing bank account may be closed or frozen and any balance withheld unless you leave
Driver and Vehicle Licensing Agency can prevent you from driving by taking away your UK driving licence

[CR001]

You dont need a lawyer.

You used the wrong form. SET M is for those on a spouse settlement visa NOT for skilled worker dependents.

Reapply on Set O and pay the fees again.

DO NOT apply using form SET(M) if you are a dependent of someone under a work related route

[durgagiitbam]

You dont need a lawyer.

You used the wrong form. SET M is for those on a spouse settlement visa NOT for skilled worker dependents.

Reapply on Set O and pay the fees again.

DO NOT apply using form SET(M) if you are a dependent of someone under a work related route

Thank you so much for your reply. Can i apply now ( my wife is well under 28 days period ( Nov 5 she is completing 5 years exactly) or should I wait for completing 5 years. Her current visa is valid till April 26 2026. I have booked the tickets to India so I was thinking to apply sooner rather than later, can you please advise should I wait or by law I can go ahead with a new application and submit now itself.

[CR001]

You can apply now

[zimba]

All you need to know about applying early, the application date, 28-day concession and more

[durgagiitbam]

All you need to know about applying early, the application date, 28-day concession and more

Thank you so much for such a nice explanation with different sections. you are a star to be honest. I was thinking to pay (1000gbp+) for my dependent ILR application form but now I am relaxed.