?Wrong decision

[T&T]

Hi Damani and other senior members,

Kindly help with this query. I received my ILR on the 18th April 2013. But before this we had applied for my husband's on SET M as he was qualified in his own right for ILR since November 2012. For my husband's application we submitted his passport and LIUK test result.

We were surprised to receive Home office decision today which gave my husband Leave to Remain valid until November 2015 (?2 years). We felt my husband application must have been treated as FLRM even though he applied for SET M and completed a SET M form.

We are not sure of how to proceed. On one hand we thought of writing a reconsideration letter to challenge their decision but also thought maybe we should just book appointment for premium service and submit another application for his ILR. He was previously on a Tier 2 General dependant Visa and he entered the UK on the 1st of November 2002.
Thanks

[vinny]

More details may be helpful.

On what basis were you granted ILR?
How long has your husband been your dependant?
If he entered the UK on the 1st of November 2002, then why didn't he apply for ILR under Long residence?

[T&T]

Hi Vinny,

I was granted ILR under long residence (5.5 years on Student Visa and 4.5 years on Tier 2 General).

My husband has been my dependant. Initially on a student dependant Visa and then as a Tier 2 General dependant.

Yes, he entered the UK on the 1st of November 2002 and we felt he was applying for ILR by completing a SET M form.

Thanks

[vinny]

If his SET(M) application was treated as a FLR(M) application and he has been your PBS dependant for at least two years, then he may apply for SET(M) now.