ILR Urgent Question

[anyuhatfield]

Dear Expert:
We submitted our ILR application for Tier 2 Dependent 5 year route, but got the below letter from home office today. Can anyone let us know why my application is refused? It that because i apply it too early? (i thought there is an 28 days rule) And what we can do now?
Many thanks

We are writing to you regarding your applications for indefinite leave to remain made on 19 November 2020 under the reference above.
You have submitted two indefinite leave to remain applications as the spouse of a settled person and a dependant, these applications will be assessed under Appendix FM of the Immigration Rules.
Having assessed your immigration history, the Home Office has deemed the application you have submitted as incorrect. To be granted indefinite leave to remain you must have completed 5 years under paragraph D-LTRP.1.1 of the Appendix FM route.
Please see your immigration history below:
You were already in the UK on a student visa valid until 30 January 2016.
You applied for leave to remain on tier 2 route – dependant partner joining relatives on 08 October 2015, granted from 26 November 2015 to 26 January 2018.
You applied for further leave to remain on tier 2 route – dependant partner applying with relatives on 05 February 2018, granted 05 February 2018 to 14 January 2021.
You applied for Indefinite Leave to Remain with your dependant on 19 November 2020.
Unfortunately, grants on the tier 2 partner route cannot count towards meeting time spent on the 5 year route. As you have not done enough time on route the Home Office would like to assess your applications for indefinite leave to remain on the tier 2 partner route. In order to do this we will need you to resubmit new applications.
As your last visa expired in January you are currently covered by 3c leave. If you withdraw your current application with us before submitting a new one your 3c leave you will be cancelled. This could have a negative impact on your future applications with us. You would also become an overstayer and may be liable to be removed.
If you chose to submit new further leave to remain applications please inform us and we will get your current applications withdrawn and refunded. You will receive a full refund minus a £25 administration fee per application should you choose to withdraw. Please take some time to weigh up your options and confirm how you would like to proceed within the next 10 working days by responding directly to this email.
I look forward to hearing from you.

[CR001]

What is the full immigration history and why have you submitted two ilr applications and which forms were completed?

You also posted previously that both you and your wife already hold ilr??

british-citizenship/apply-citizenship-f ... l#p1960693

[anyuhatfield]

Many thanks for your quick response !
1) yes, i posted in another thread, say we both have ILR, at that time she has not decision , but i thought surely she will get it! sorry for confusion.
2) our cases:
a) i have T2-> ILR 5 year route last year June/2020.
b) My wife has T2 dependent from Nov/2015, T2 dependent extension Feb/2018 until Jan/2021.
c) we have our baby born in UK Aug/2019; she has no british passport and we plan to apply ILR with my wife together, that is why there are two submission.

3) In the application start page https://www.gov.uk/settle-in-the-uk/y, we selected `You're the family member or partner of someone who has settled in the UK`; i am thinking that is the reason why they refuse it? we should select You have a work visa for my wife?

What is the full immigration history and why have you submitted two ilr applications and which forms were completed?

You also posted previously that both you and your wife already hold ilr??

british-citizenship/apply-citizenship-f ... l#p1960693

[CR001]

You applied using the wrong form, SET M. You cannoy use this form if you don't have the correct visa for 5 years and your dependent doesn't hold the visa relevant to ilr on SET M.

You should have applied using SET O for a PBS dependent with 5 years residence.

Ukvi is saying you need to submit a new SET O application and documents and you will have to pay the fees again.

[anyuhatfield]

Thanks again for your reply, yes, i think you are right, we used the wrong form to apply. We should use Set(O) rather than set(M). Thanks for your help and answer, we will submit new application.

You applied using the wrong form, SET M. You cannoy use this form if you don't have the correct visa for 5 years and your dependent doesn't hold the visa relevant to ilr on SET M.

You should have applied using SET O for a PBS dependent with 5 years residence.

Ukvi is saying you need to submit a new SET O application and documents and you will have to pay the fees again.