Refund from UKVI

[aastha]

Hi,

My Application: ILR (SET M) Date of Application: 30/05/2019
ILR Route: 5 Years on Tier 2 DEpendent Visa
First Entry in the UK: Feb 2014
Partner: Got ILR in Dec 2018 on 5 year Tier 2 General Route

Response from UKVI:
I received a letter for UKVI stating that I do not qualify for ILR. The reason was given that I have not lived for a continuous 60 months in the route.
I first entered in the UK on 21 February 2014 and has applied for ILR on 30 May 2019. I have not been outside the UK for more than 3 months in total in any year.

I have also been advised by UKVI that I qualify for limited to leave to remain in the UK for 30 months and I have to pay 1000 pound as well for IHS under the FLR (FP) category.

Help: Please advise how I can appeal against this decision as I am living in the UK from past 5 years fulfil all requirements.

[CR001]

You don't qualify for ILR on form SET M. The refusal is correct as you do not hold a spouse Settlment visa (2 x 2.5 year visas)., So an appeal will be useless as you used the wrong form and it is your error not HOs. I am fairly certain the refusal letter states exactly why you were refused and the immigration rule that is relevant, ie you have not held a visa under Appendix FM for 60 months.

You should have applied on form SET O if you hold tier 2 dependent.

When does your tier 2 dependent visa expire?

[CR001]

Was there not a change in visas between you and your spouse in 2017??

indefinite-leave-to-remain/ilr-t228140.html#p1469754

[aastha]

Hi, my Tier 2 dependent expires in Sep 2019. What are the options I have now. Can I resubmit my application?

[CR001]

You will have to reapply on form Set O and meet the requirements and pay the fees again.

Just to clarify, you have definitely held a tier 2 DEPENDENT visa for the whole 5 years and not a mix of tier 2 main and tier 2 dependent as your 2017 post suggests?

[aastha]

Was there not a change in visas between you and your spouse in 2017??

indefinite-leave-to-remain/ilr-t228140.html#p1469754

No there was no change, just extension. Spouse has Tier General Extension as he switched employer and I had extension in 2016 as my 2 years got expired. I got an extension for 3 years.

[aastha]

You will have to reapply on form Set O and meet the requirements and pay the fees again.

Just to clarify, you have definitely held a tier 2 DEPENDENT visa for the whole 5 years and not a mix of tier 2 main and tier 2 dependent as your 2017 post suggests?

I was always on Tier 2 Dependent for 5 years.

UKBA website says that you should fill SET M if you are dependent and this is what we did. Can they not reconsider our application as it is a huge amount. Really getting worried now

[CR001]

You will have to reapply and pay again.

Which website and options you chose said it was form Set M??

[aastha]

You will have to reapply and pay again.

Which website and options you chose said it was form Set M??

https://www.gov.uk/government/publicati ... -form-setm

This says it is for dependents whose spouse is settled in UK.

Moreover, is there any financial requirement for Set O dependent application ? Set M has some £16K.

[CR001]

This says it is for dependents whose spouse is settled in UK.

Yes, but only if you are in the UK on a visa as the partner of a settled person, ie a spouse Settlment visa under Appendix FM.

Did you do the eligibility checker in the link on that page at all??

I did it based on your circumstances and got set O.

https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

No financial requirement for Set O.

The financial requirement and references to appendix FM in form Set M should have been a warning sign that it is potentially the wrong form.

[aastha]

Hi,
Thsnks s lot for your reply. So if I apply again for ilr with set o form. Is there any minimum amount which have to be maintained in my account or my account.
Do I need to provide my husband bank statement?

[CULLINAN]

Hi,
Thsnks s lot for your reply. So if I apply again for ilr with set o form. Is there any minimum amount which have to be maintained in my account or my account.
Do I need to provide my husband bank statement?

There is no maintenance requirement on SET(O).

[aastha]

Thanks. Apologies for asking again. I understand there is no minimum requirement for set o. Do I still have to provide bank and salary statement of my husband?

[aastha]

You will have to reapply on form Set O and meet the requirements and pay the fees again.

Just to clarify, you have definitely held a tier 2 DEPENDENT visa for the whole 5 years and not a mix of tier 2 main and tier 2 dependent as your 2017 post suggests?

[aastha]

You will have to reapply on form Set O and meet the requirements and pay the fees again.

Just to clarify, you have definitely held a tier 2 DEPENDENT visa for the whole 5 years and not a mix of tier 2 main and tier 2 dependent as your 2017 post suggests?

If I reapply again on set o form. Do I need to submit my absent from UK.

[CR001]

Absence is only relevant if you have a visa issued on or after 11th January 2018.

[aastha]

My last extension of Visa was in 2016. So does it mean I have to provide a details of absent or not?

[CR001]

My last extension of Visa was in 2016. So does it mean I have to provide a details of absent or not?

No!!

[aastha]

My last extension of Visa was in 2016. So does it mean I have to provide a details of absent or not?

No!!

In application summary, Immigration details section; it has got my details of my period in my home country before I arrive in the UK. However, just below it says that " add another country the applicant visited or lived in".
Now this "visited"word is confusing me. When I click on it form ask "detils for country toy lived in". Now do I need to provide all the places I have visited for travel.

[CR001]

There is no requirement to list your absence. Countries lived in yes, but not visited.

You must have ticked something incorrectly somewhere.

Hopefully you have put yourself down as the main applicant in the form.

[aastha]

There is no requirement to list your absence. Countries lived in yes, but not visited.

You must have ticked something incorrectly somewhere.

Hopefully you have put yourself down as the main applicant in the form.

Thanks for all the help. Applied again using set O form and granted ILR.
Is there any way I can ask for refund for my previous application.
I understand I used a wrong form as I got confused with the explanation of Set M - it's for spouse of a settled person. My husband has got ILR and I am spose so I used set M. But shouldn't a person who handled my application has made a sensible call and ask for a correct form. After all it's a very expensive service £3208. It's a lot to lose in a one go.
Any advice/suggestions will be of great help.
Thanks

[aastha]

Hi,
I applied for ILR on 29 may by using set M form. Got refusal. After a help realised used wrong form. I should have used the Set O form.
Applied again using set O form and granted ILR.
Is there any way I can ask for refund for my previous application.
I understand I used a wrong form as I got confused with the explanation of Set M - it's for spouse of a settled person. My husband has got ILR and I am spouse so I used set M. But shouldn't a person who handled my application has made a sensible call and ask for a correct form. After all it's a very expensive service £3208. It's a lot to lose in a one go.
Any advice/suggestions will be of great help.
Thanks

[zimba]

No. You cannot get a refund for a refused application

[CULLINAN]

You can possibly try and write to HO explaining the situation. By writing to them, nothing more you can loose. Maybe it will work. No harm.

[aastha]

You can possibly try and write to HO explaining the situation. By writing to them, nothing more you can loose. Maybe it will work. No harm.

Thanks. Do you know to which address or email I'd.
Thanks