Home Office said my application is highly unlikely to succeed

[nhungnguyen]

Hi,

I submitted for ILR, set(O) application after 5 years of having Tier 2 visa on 24th September 2020. I then had my biometrics data collected on 12th October 2020. Today, I just got an email from HO saying that:
===Starting quote===
From a review of your application were your application to proceed it is highly unlikely that it would succeed and result in a grant of Indefinite Leave to Remain. Accordingly, we would like to give you the opportunity to review your application. If after you have reviewed your application, you would like to vary (change) your application to one in another category which is more appropriate, please advise us of your decision within 14 days.

I’m not able to offer specific advise on what application you should submit, but can confirm that your leave in the UK has been under the Tier 2 General Migrant category. Further information regarding applicant types and requirements can be found online: https://www.gov.uk/settle-in-the-uk

If you advise us that you have decided to vary your application, you will be required to submit an online application with all relevant fees and requirements under the category which you believe to be more suitable. Please note, the transfer of your application does not imply it will accepted, it will still be subject to consideration under the criteria of the new route you have chosen. Only once a new valid application has been submitted would any refund of previous application fees be processed.

If you choose not to have your Set (O) application varied and do not reply within 14 days of the date of this email, your application will then be considered using the criteria laid down in the Set (O) route.

If you are unclear about what your choices are, you are strongly urged to consult with an accredited Immigration Adviser for further guidance.
===Ending quote===

I can see from other posts in this forum, HO usually explains why your application isn't satisfactory. However, in my case they didn't. I'm wondering if someone else have the same situation like me.

Also I don't understand why they suggested Tier 2 General Migrant, although I've already had that type of visa in more than 5 years from the same employer.

Since it took them a while to review my application, definitely there's something wrong with it. Otherwise they wouldn't have sent me the email.

I would highly appreciate if someone can shed some lights. Thank you very much for your time!

Best regards,
Nhung

[CULLINAN]

Do you meet all the visa specific requirements??

[secret.simon]

You will need to list out your immigration history within the UK for us to be able to guide you.

Along with the application, did you include a statement from the company that you currently work with that your services will be needed for the foreseeable future? Do you meet the minimum salary requirements, etc?

[vinny]

Without details, it may be difficult for non-psychic members of these forums to constructively comment.

[nhungnguyen]

Thank you all for your replies. I asked the Home Office and they responded to me saying that I selected a wrong sub-category of the ILR visa. I have varied my application and I think everything is ok now.

@CULLINAN: Yes, I believe I meet every requirement. That's why I was surprised.

@secret.simon: Yes, my employer has confirmed every thing, salary and their need in the foreseeable future, etc.

Thanks again for your time!
Nhung

[AmazonianX]

Thank you all for your replies. I asked the Home Office and they responded to me saying that I selected a wrong sub-category of the ILR visa. I have varied my application and I think everything is ok now.

@CULLINAN: Yes, I believe I meet every requirement. That's why I was surprised.

@secret.simon: Yes, my employer has confirmed every thing, salary and their need in the foreseeable future, etc.

Thanks again for your time!
Nhung

Good that you have got things sorted and on track now.
Can you be clearer?

What were you intending to apply for? Which sub category did you erroneously select?

[MIKO123]

Dear all
This is my story for others to learn, I'm not sure why but my initial application was SET LR and new one is set O
Hello all
hope keeping safe

I wonder if you can help me
I have been in UK for more than 5 years under tier 2 general immigrant so applied for ILR in august 2020. I received an email from caseworker last week said that you applied through LR route and it's not applicable to you. I didn't know different sets and just applied, anyway, he was kind to offer variation of application as no decision done.
I have uploaded earlier my docs via IDVP app.
I applied thru Set(O) which seems to be right for me and paid another fees £2404. I'm a doctor working in NHS and COVID has impacted everything.
The caseworker has emailed me that my old application is void now and will receive refund
My questions
Will the date of application considered the original one or date of varied one?
Will I receive full refund of my original application? how long it will take
Can I use IDVP app for the new application or will have to attend physical appointment?
Thank you very much guys
My question to @ nhungnguyen, do you know any thing about application date? will it be the original application or the new application? I have included my original application ref number in my new application.
Cullinan has kindly answered the rest of questions in other thread
and my question to Cullinan, cover letter, any format and should I upload it with my application documents?
Thanks

[AmazonianX]

Dear all
This is my story for others to learn, I'm not sure why but my initial application was SET LR and new one is set O
Hello all
hope keeping safe

I wonder if you can help me
I have been in UK for more than 5 years under tier 2 general immigrant so applied for ILR in august 2020. I received an email from caseworker last week said that you applied through LR route and it's not applicable to you. I didn't know different sets and just applied, anyway, he was kind to offer variation of application as no decision done.
I have uploaded earlier my docs via IDVP app.
I applied thru Set(O) which seems to be right for me and paid another fees £2404. I'm a doctor working in NHS and COVID has impacted everything.
The caseworker has emailed me that my old application is void now and will receive refund
My questions
Will the date of application considered the original one or date of varied one? Whichever one is considered you will be alright and no break in residency.
Will I receive full refund of my original application? Yes.how long it will take
Can I use IDVP app for the new application or will have to attend physical appointment?
Thank you very much guys
My question to @ nhungnguyen, do you know any thing about application date? will it be the original application or the new application? I have included my original application ref number in my new application.
Cullinan has kindly answered the rest of questions in other thread
and my question to Cullinan, cover letter, any format and should I upload it with my application documents?
Thanks

Disregard, you said you got your reply already.

[CULLINAN]

Dear all
This is my story for others to learn, I'm not sure why but my initial application was SET LR and new one is set O
Hello all
hope keeping safe

I wonder if you can help me
I have been in UK for more than 5 years under tier 2 general immigrant so applied for ILR in august 2020. I received an email from caseworker last week said that you applied through LR route and it's not applicable to you. I didn't know different sets and just applied, anyway, he was kind to offer variation of application as no decision done.
I have uploaded earlier my docs via IDVP app.
I applied thru Set(O) which seems to be right for me and paid another fees £2404. I'm a doctor working in NHS and COVID has impacted everything.
The caseworker has emailed me that my old application is void now and will receive refund
My questions
Will the date of application considered the original one or date of varied one?
Will I receive full refund of my original application? how long it will take
Can I use IDVP app for the new application or will have to attend physical appointment?
Thank you very much guys
My question to @ nhungnguyen, do you know any thing about application date? will it be the original application or the new application? I have included my original application ref number in my new application.
Cullinan has kindly answered the rest of questions in other thread
and my question to Cullinan, cover letter, any format and should I upload it with my application documents?
Thanks

Moderators please split topic.

Just simply mention that your application is a variation of initial SET(LR) as per CW’s conversation - you initially applied in the wrong category. SET(O) is the correct category for you. The cover letter is not necessary but advisory only.

I have already linked the variation guidance for you in my other post.

[MIKO123]

Thank you @ AmazonianX
when asking about date of my application, i'm not questioning breaching of my via, I'm trying not lose that last 4.5 months to get the outcome then I can apply for my dependents.