Big mistake made, please help! Set M / O issue

[gizz03]

Hi everyone

I am having one of the worst days of my life. I just got rejected for my ILR application due to wrong route selection (I am not sure really).

Husband’s timeline:

My husband arrived in the UK in February 2017 as a skilled worker and got his ILR in March 2022.

He then became a citizen in September 2023.

My timeline:

I arrived in the UK as a student in September 2017.

I then married my husband in July 2018 and I switched to PBS dependant visa in December 2018.

I applied to ILR in February 2024 as I completed my continuous residence in the UK as of December 2023.

When we were filling out the online application form, we initially started with the dependant on a work visa route, but we couldn’t fill in some employment details such as the Sponsor license number (as he is not sponsored anymore). So we swapped to the family route. This route is called Set (M).

We completed the application with the Super Priority Service and applied today in person. And by evening I got the email of rejection from the Home Office.

Rejection text itself:

```
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 13 November 2025.
Refund of Fees If you have paid an application fee you will receive a refund for
each person included in the application.
```

What do I do now? Is there a way to amend my application instead of restarting it and paying another £3885 altogether?

Will I get my application fees (+ priority fees) back at all, if yes when?

Shall I try to hire an immigration solicitor, would that help at all?

PS: Do I need to say yes whenever I get asked if I ever get refused a visa for the UK from now on?

Thank you in advance for your response.

Kind regards,
Gizem

[CR001]

When we were filling out the online application form, we initially started with the dependant on a work visa route, but we couldn’t fill in some employment details such as the Sponsor license number (as he is not sponsored anymore).

It doesn't matter. You should have put in the details of the last employer that was the sponsor before your spouse got ILR.

So we swapped to the family route. This route is called Set (M).

Big mistake obviously as you do not hold a qualifying visa.

We completed the application with the Super Priority Service and applied today in person. And by evening I got the email of rejection from the Home Office.

Rejection text itself:

```
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 13 November 2025.
Refund of Fees If you have paid an application fee you will receive a refund for
each person included in the application.

Correct decision yes.

What do I do now? Is there a way to amend my application instead of restarting it and paying another £3885 altogether?

You can't 'amend' anything. You have to apply and pay again on the correct form.

Will I get my application fees (+ priority fees) back at all, if yes when?

You will get a refund, based on what the text says but it could take a couple of weeks. You won't get a refund of the Super Priority fee though as you received a decision within the timeframe, which is what you paid for. You will get the ILR fee refund only.

Shall I try to hire an immigration solicitor, would that help at all?

Nothing they can do. It is your mistake, not UKVI's mistake.

PS: Do I need to say yes whenever I get asked if I ever get refused a visa for the UK from now on?

It was rejected, not refused.

[zimba]

This is not a big deal as you have a visa until 2025.
When an application is rejected as invalid (rather than refused), it is as if it was never made.

This is now a very common mistake that we regularly observe on the forum as many incorrectly apply using form SET(M) even when they are NOT under the family route. Apply again using form SET(O)

You should get a refund when the application is rejected as invalid (minus any administration charge and priority fees)

Immigration and nationality refunds policy

[gizz03]

Thank you very much all for replying and helping out. When we receive the refund, I will apply again by using the Set(O) form.
Kind regards,
Gizem

[gizz03]

Hello,

I'm applying for ILR through the SET(O) form. I need some help filling out the form, please.

As I explained in the previous messages, I am a tier 2 dependant and my husband is originally Turkish but he recently became a British citizen.

I have three questions:

1- I applied for the original Tier 2 dependant visa and then the visa extensions when he only held Turkish citizenship. Now the form is asking for his citizenship, should I enter Turkish or British now?

2- The next step is asking about his current UK immigration status, there isn't a citizen option, so should I select the "TIER (general) 2" option?

3- In general am I supposed to fill this form as if he is still a Tier 2 worker and as if he is still working on his last sponsored job? For example, the form asks about his "sponsor licence number" Should I write the one they gave him for his last sponsored job?

Thank you very much for your time,

Gizem

[zimba]

Your eligibility is based on his previous status as a skilled worker migrant who settled. His current status is irrelevant. Answers on this form do not change your eligibility at all, so answer accordingly

[gizz03]

Thank you very much for your help! Per your response, I answered the questions as Turkish, Tier 2, and the sponsorship number that they gave him in his last sponsored job.


I have another question. There is a question in the form:

"When did you first enter the UK?

This is the date you entered the UK when the period of stay you are basing this application on started. "

I arrived in the UK as a student in September 2017, I had a Tier 4 visa back then. I then married my husband in July 2018 and before my student visa expired I switched to a dependant visa in December 2018.

Should I enter " September 2017" or "December 2018"?

Thank you very much for your time and help,

Gizem

[zimba]

Again, that answer does not matter. You can enter any of those dates and this will have no effect

[gizz03]

Hello everyone,

Thank you very much for your answers Zimba, they were very helpful.

Now I’m in the process of uploading my documents online, I have 3 questions.

1- I was asked to upload documents for:

-Declaration signed by -my husband- to confirm consent for the Home Office to request verification checks

-Consent form for the Home Office to request verification checks on -my husband- for joint accounts or third party support

My question is at the end of my application there was only one form to download and to sign which has 3 parts in it. Are the declaration and the consent form the same form?

Do I upload this same form for both sections (the declaration and the consent form)? If yes, should I divide them into parts when uploading or upload all the parts together starting from part 1?

2- The second question, during the application I declared that my husband is my financial sponsor and also we have a shared business bank account. 

I understand that I should sign the Part 1. 

Should my husband sign both Part 2 and Part 3? 

Should I sign Part 3 as well?

3- I have 3 previous/old passports. Do I need to scan all of the pages which have visas or stamps for all 3 old passports? Or should I only scan their first pages?

Thank you very much for your help,

Gizem

[zimba]

1. They refer to the same form. Upload it in one go
2. Part 3 should be ignored

[gizz03]

Thank you very much for your help, I will follow your instructions.

Can you please inform me about this question below?

I was asked to upload my previous passports. I have 3 previous passports. Do I need to scan all of the pages which have visas or stamps for all 3 of them? Or should I only scan their first pages?

Thank you very much for your help,

Gizem

[zimba]

All stamps over the last 5 years

[gizz03]

Thanks a lot!

Unfortunately, I have been asked the following after I submit my biometrics:

A decision on your application has been delayed as a result of you not providing the following documents.
Evidence of current cohabitation for last 24 months e.g. joint bank statements, joint utility bills, Council tax, tenancy agreement or any recent documents confirming the address for yourself and your spouse

And I have sent them the following:

- Tenancy agreement for this year that I have signed as a witness that shows my residence with my husband. It also states in agreement section 2, that only I and my husband are allowed to live in the property.
- Bank statements from each of us, showing the same address, dating from 2024 and 2021, 2023
- Letters from Companies House showing that we are co-directors of our company on the same address we live from 2022.

Would these documents be enough? By the way, these cohabitation documents were not listed as any optional/required documents on my application, if it were the case, I would have already supplied these. Is there any reason why I got asked for extra documents?

[zimba]

Cohabitaon documents are needed for dependants: All you need to know about cohabitation evidence

[gizz03]

Thank you very much for your assistance. I have received my ILR.

According to the government website, “you’ll be eligible to apply for citizenship immediately if you’re married to or in a civil partnership with a British citizen and have an ILR.” Since I have received my ILR and my husband is a British citizen, could you please confirm if I am eligible as well?

Thank you in advance for your help.

Best regards,
Gizem

[CR001]

Please post your citizenship questions in the appropriate sub forum, link below. These questions aren't relevant to your ilr topic or rhe ilr sub forum.

https://immigrationboards.com/viewforum.php?f=42