Invalid ILR application SET(M) section 6 BRP

[aksi]

Hi,
I applied for ILR on SET(M) (version 04.2013) on 21.10.2013 and inadvertently ticked the question 13 on page 17.
We have a daughter aged 1 year and is British citizen which I mentioned in covering letter and in sec 3.9 on page 13.

Now they returned my SET(M) form highlighting question 15 on page 18 indicating that I need to tick "yes" or "no"

The form is accompanied with a return addressed envelope and letter (ICD.3679b) stating "Any section of the form which is designated as mandatory in the application form and/or guidance must be completed as specified . (we have highlighted the relevant specified parts on the form that have not been completed)"

The last para states "If you still wish to make an application, you must return your fully completed application form with the appropriate fee to the address given on application form".

Please help me with:
1. Do I need to tick "yes" in question 15 and send the form back in the envelope provided.
2. Do I need to write a letter stating that question 13 was ticked inadvertently and there is no dependent or applicant under age 16.
3. Or please suggest what to do.

Thanks

[Damanisshallo]

Hi,
I applied for ILR on SET(M) (version 04.2013) on 21.10.2013 and inadvertently ticked the question 13 on page 17.
We have a daughter aged 1 year and is British citizen which I mentioned in covering letter and in sec 3.9 on page 13.

Now they returned my SET(M) form highlighting question 15 on page 18 indicating that I need to tick "yes" or "no"

The form is accompanied with a return addressed envelope and letter (ICD.3679b) stating "Any section of the form which is designated as mandatory in the application form and/or guidance must be completed as specified . (we have highlighted the relevant specified parts on the form that have not been completed)"

The last para states "If you still wish to make an application, you must return your fully completed application form with the appropriate fee to the address given on application form".

Please help me with:
1. Do I need to tick "yes" in question 15 and send the form back in the envelope provided.
2. Do I need to write a letter stating that question 13 was ticked inadvertently and there is no dependent or applicant under age 16.
3. Or please suggest what to do.

Thanks

If the applicant or any dependant included on this application is under the age of 16 please complete questions 13, 14, 15 and 16. If not please go to question 17

If no dependents are applying with you, then skip questions 13, 14, 15 and 16 and make sure you fill in Version 10/2013.

[aksi]

Hi,
I applied for ILR on SET(M) (version 04.2013) on 21.10.2013 and inadvertently ticked the question 13 on page 17.
We have a daughter aged 1 year and is British citizen which I mentioned in covering letter and in sec 3.9 on page 13.

Now they returned my SET(M) form highlighting question 15 on page 18 indicating that I need to tick "yes" or "no"

The form is accompanied with a return addressed envelope and letter (ICD.3679b) stating "Any section of the form which is designated as mandatory in the application form and/or guidance must be completed as specified . (we have highlighted the relevant specified parts on the form that have not been completed)"

The last para states "If you still wish to make an application, you must return your fully completed application form with the appropriate fee to the address given on application form".

Please help me with:
1. Do I need to tick "yes" in question 15 and send the form back in the envelope provided.
2. Do I need to write a letter stating that question 13 was ticked inadvertently and there is no dependent or applicant under age 16.
3. Or please suggest what to do.

Thanks

If the applicant or any dependant included on this application is under the age of 16 please complete questions 13, 14, 15 and 16. If not please go to question 17

If no dependents are applying with you, then skip questions 13, 14, 15 and 16 and make sure you fill in Version 10/2013.

Thanks Damani for quick reply but I need further help:
1. I do not have LIUK and for this reason I applied before 28th October. It is not easy for me to go for LIUK at the minute.
2. My husband applied for ILR in August 2012 SET(O) that form has similar format and he ticked question 13 for "16 years old or more - go to question 17" and no one objected and I did the same in my form, quite strangely they picked it.
3. They have only returned the form but kept all other documents, passports and BRP. From this I'm assuming they want me to correct the same form and resend. Is my assumption correct.

[Damanisshallo]

Thanks Damani for quick reply but I need further help:
1. I do not have LIUK and for this reason I applied before 28th October. It is not easy for me to go for LIUK at the minute.

but for settlement you'd have needed LITUK certificate even before 28th October 2013.

[aksi]

Thanks Damani for quick reply but I need further help:
1. I do not have LIUK and for this reason I applied before 28th October. It is not easy for me to go for LIUK at the minute.

but for settlement you'd have needed LITUK certificate even before 28th October 2013.

Before 28th October question 5.2 page 14 "Life in UK test" or "ESOL qualification"
After 28th October version 10/2013 question 5.2 page 14 "Life in UK test pass" and ESOL qualification is removed.

Please consider my 2/3 queries as well

[Damanisshallo]

1. Do I need to tick "yes" in question 15 and send the form back in the envelope provided.
In my honest opinion, you should've never attempted to answer Q13 - Q16 as this section is where the main applicant is below 16 or if any dependants are included with the main applicant.

2. Do I need to write a letter stating that question 13 was ticked inadvertently and there is no dependent or applicant under age 16.

This is the best and correct thing to do. Explain this as clearly as possible.

3. Or please suggest what to do.

As above assuming that you've got your Life in the UK pass certificate (Not ESOL).

Thanks

[vinny]

Hi,
I may have posted in the wrong place , FLR(M) waiting,but please help me out with this.
I applied for ILR on SET(M) (version 04.2013) on 21.10.2013 as the spouse of settled person and inadvertently ticked the question 13 (section 6 BRP) on page 17.

The Home Office has sent back my application form only(but retained all other supporting documents).The enclosed letter (ICD.3679b) stating "Any section of the form which is designated as mandatory in the application form and/or guidance must be completed as specified . (we have highlighted the relevant specified parts on the form that have not been completed)".
On the returned SET(M) form they highlighted question 15 on page 18 indicating that I need to tick "yes" or "no"

However, the last paragraph of the letter states "If you still wish to make an application, you must return your fully completed application form with the appropriate fee to the address given on application form".

Question:

Do I have to pay a new fee again or it is just that I have to tick question 15 on the application(they highlighted where the relevant part of application is not completed) and send it back in the envelope they provided?

Do you think writing a covering letter stating that I answered question 13 in error, will resolve this?

[vinny]

Note that

You can use discretion and accept the application as valid if a mandatory section of the form is not completed but the applicant provides the required information elsewhere in the application. For example:...

Damanisshallo's advice seems good.

Questions 13-16 shouldn't be applicable to British children. It's questionable if non-applicable questions are mandatory.

Additionally, in general,

Has the applicant complied with the requirements for dependants where applicable (taking account of different arrangements for points-based system (PBS) and non-PBS cases)?

No - main applicant’s application is valid if otherwise meets requirements. Dependant’s application may be invalid

Explain in a registered letter.

What is your current leave and when does it expire?

[aksi]

Note that

You can use discretion and accept the application as valid if a mandatory section of the form is not completed but the applicant provides the required information elsewhere in the application. For example:...

Many Thanks Vinny forApplications", on page 42 it says

ICD.3679 if there are fee issues.

In my case there is no fee issue and they issued ICD.3679b which may or may not be the correct template


Damanisshallo's advice seems good.

Questions 13-16 shouldn't be applicable to British children. It's questionable if non-applicable questions are mandatory.

I agree with Damanisshallo, but on answering q11 it directs to q13 which in my case directs to q17. It is only for this reason that I answered q13, the text mentioned above is before q13 and I missed it while filling form.

Additionally, in general,

Applications"]Has the applicant complied with the requirements for dependants where applicable (taking account of different arrangements for points-based system (PBS) and non-PBS cases)?

Applications"]No - main applicant’s application is valid if otherwise meets requirements. Dependant’s application may be invalid

Thanks for this useful information


Explain in a registered letter.
I'm preparing the letter and intend to share by today evening.


What is your current leave and when does it expire?
My current leave is as Spouse/partner which and it expires in October 2015, I came to UK as Tier 1(G) dependent in July 2011, then my husband got ILR on 10 year basis in Jan 2013, I applied on FLR(M) for extension in Jan 2013 and got 2.5 years LTR till 2015. I want to avail benefit of transitional arrangements as initial visa was before July 2012.

My reason for applying in Oct2013 on SET(M) for ILR:
1. I completed required 2 years, as spouse
2. UKBA increase fee every year, No one knows if they increase it to £2000 next year (as appears from the consultation).
3. No one knows when they change the requirements

[aksi]

Note that

You can use discretion and accept the application as valid if a mandatory section of the form is not completed but the applicant provides the required information elsewhere in the application. For example:...

Many Thanks Vinny forApplications", on page 42 it says

ICD.3679 if there are fee issues.

In my case there is no fee issue and they issued ICD.3679b which may or may not be the correct template


Damanisshallo's advice seems good.

Questions 13-16 shouldn't be applicable to British children. It's questionable if non-applicable questions are mandatory.

I agree with Damanisshallo, but on answering q11 it directs to q13 which in my case directs to q17. It is only for this reason that I answered q13, the text mentioned above is before q13 and I missed it while filling form.

Additionally, in general,

Applications"]Has the applicant complied with the requirements for dependants where applicable (taking account of different arrangements for points-based system (PBS) and non-PBS cases)?

Applications"]No - main applicant’s application is valid if otherwise meets requirements. Dependant’s application may be invalid

Thanks for this useful information


Explain in a registered letter.
I'm preparing the letter and intend to share by today evening.


What is your current leave and when does it expire?
My current leave is as Spouse/partner which and it expires in October 2015, I came to UK as Tier 1(G) dependent in July 2011, then my husband got ILR on 10 year basis in Jan 2013, I applied on FLR(M) for extension in Jan 2013 and got 2.5 years LTR till 2015. I want to avail benefit of transitional arrangements as initial visa was before July 2012.

My reason for applying in Oct2013 on SET(M) for ILR:
1. I completed required 2 years, as spouse
2. UKBA increase fee every year, No one knows if they increase it to £2000 next year (as appears from the consultation).
3. No one knows when they change the requirements

Hi Vinny, Damanisshallo's, Amber and respected Guru's

I have prepared a reply. Please review the reply and suggest any changes ASAP

Many Thanks

[Amber]

If the sections are not applicable just strike through them write N/A and state on a cover letter the child is British and there are no applicants under 18, the only applicant is my spouse. Send it all back by recorded delivery. I started to read your letter but the yellow diagram stung my eyes - no glasses on.

[aksi]

If the sections are not applicable just strike through them write N/A and state on a cover letter the child is British and there are no applicants under 18, the only applicant is my spouse. Send it all back by recorded delivery. I started to read your letter but the yellow diagram stung my eyes - no glasses on.

Thanks Amber for looking at reply, is the flowchart (part of which is in yellow) is inappropriate?
Do I strike q13 to q16 on the application that was returned to me? or Shall send new page(s) by striking out q13 to q16 and fill other questions as mentioned in section 8 of my reply?