Post
by Fuunbenz » Wed Sep 25, 2019 8:59 pm
Hello,
I have done the same mistake. Today I applied for my wife's ILR using a super priority service (Birmingham) and I used SET (M) form instead of SET (O). This evening we received an email from UKVI as below -
"Thank you for your recent application to settle in the UK as the partner of a person, or parent of a child, who is in the UK and settled here (spouse/partner route).
Your application has been made using form SET(M), which is considered according to the criteria laid down in Appendix FM of the Immigration rules.
However, we note from your immigration history that you have previous leave under Tier 2 category and as such you have no qualifying time on the spouse/partner route under Appendix FM. Were your application to proceed it is highly unlikely that your application for settlement would succeed and result in a grant of Indefinite Leave to Remain (ILR).
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 on another route to settlement, please advise us of your decision within 14 days of the date of this letter.
If you advise us, that you have decided to vary your application and not use the SET(M) route, we will pass your application to the team dealing with the appropriate route. Please note, the transfer of your application to another team does not imply it will accepted, it will still be subject to consideration under the criteria of the new route you have chosen. Furthermore, there may a difference in the fees required to consider your application and the new team will contact you regarding this, if this is the case.
If you chose not to vary your SET(M) application or do not reply within 14 days of the date of this letter, your application will then be considered using the criteria laid down in Appendix FM.
If you are unclear about what your choices are, you are strongly urged to consult with an accredited Immigration Adviser for further guidance.
Please note as we have responded to yourself within the 24 hours service standard, we have met our obligation under the Super Priority Fee and you will not be eligible for a refund of the Super Priority Fee."
@aastha, haven't you received this email?
I have responded to that email stating I would like to change the route and waiting for their response. When they say "you will not be eligible for a refund of the super priority fee", I presume and hope it's just the £800 that we paid for the super priority service and not the full application fee of £3208.20