ILR 28 days vs Application Date rules

[zimba]

They simply need to apply using form SET(O) and make sure to select the 'Tier 2/skilled worker dependant' route

Understood! Please Excuse my simplistic question about the 2nd part of your comment. I just want to make things clear in my mind.

My visas and ILR were obtained in the "Tier 1 Exceptional Talent" category. Never been on Tier 2. Does my family still have to apply under "Tier 2/skilled worker dependant" route as stated above? or should it be under "Tier 1 dependent"?

Yes, choose the Tier 1 dependant

[uhd4k]

Hi all,

As we prepare to apply using SET(O), we (re)read various official documents, including the PDF "Validation, variation, voiding and withdrawal of applications". The aim was to see if application invalidity while using SET(O) would trigger a refund as it did with SET(M).

However, one paragraph attracted my attention. It says: "If an applicant has not applied on the correct specified form, contact them using the ‘Validity reminder in and out of country’ template, indicating what the correct form is if it is clear, and advising them to seek advice on the correct form if it is not clear what route they are seeking to apply on. Give them 14 days to submit an application on that form."

There is a case on this board where the applicant used SET(O) and was contacted and advised to change to SET(M). Here is the link: viewtopic.php?p=2132805

I would have assumed that in our case, and for the fact we should have submitted using SET(O) but instead we used SET(M), they should have contacted us and suggested we use SET(O). But they did not, and instead rejected the application as invalid.

Any idea how Case Workers look at this? or is there something I am missing?

[zimba]

UKVI recently started to reject them as invalid and I suspect the procedures you referred to have changed. It is your responsibility to check that you are applying using the correct form and paying the correct fees to ensure you submitted a valid application

[uhd4k]

Hi,

I have recently acquired British Citizenship. Would that change anything? When I looked up the "Dependent family members in work routes" official documentation, there is this statement: "Where the lead applicant has been granted British citizenship, their dependants can still apply if they held permission as dependants at the time."

Not sure what they mean by "as dependent at the time".

My family first acquired a "PBS dependant" LTR, and then extended/changed it to a "Spouse/Partner" LTR. I obtained citizenship while they are on "Spouse/Partner" LTR.

Do we need to worry because of my citizenship? or does it have no impact, and we can keep going with the SET(O) application?

Thanks a lot for your help.

[zimba]

It has no impact whatsoever

[uhd4k]

Hopefully one last question before I hit the submit button, please. There is this question in the application:
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Do you have any Home Office reference numbers? (Required)
If you have previously made an application to remain in the UK, you can find a reference number on letters from the Home Office, called 'Our Ref' or 'Case ID'. If not known, select 'No'.
-----------
I can't find 'Our Ref' or 'Case ID'. However, I have the Application ID numbers. Should I answer the above question by putting the application ID number for the latest application (i.e. invalid SET(M) application), or the last successful application (i.e the visa extension), or the first one (i.e. the PBS application?), or shall I say no because these are application numbers and no reference numbers?

Thanks.

[zimba]

You do not need to enter any home office reference number

[uhd4k]

The switch is actually not needed at all as per the current guide. Direct ILR via SET(O) is now possible

The skilled worker rules allow you to include the time spent under the partner of a settled person (family route) too. They simply need to apply using form SET(O) and make sure to select the 'Tier 1 dependant' route.
Note that to benefit from the rules, you need to do this and try not to worry about their current visa under the family route. So the form SET(M) should NOT be used in this instance even though they are currently under the family route, because ILR under the skilled worker route is applied via form SET(O)

You were right, mate! My family got their ILR when we re-applied using SET(O).

For those coming after me, I will add some key points in our journey. These are valid as of November 2024, but things might change in the future:

- Dependent/Family Visa Extensions: They cannot be extended by a few months. It is always a full extension with the full cost.
- Time spent under both types (Dependent Visa and Family Visa) can be combined for Skilled Worker ILR applications if SET(O) is used.
- When we mistakenly applied under SET(M), the application was deemed invalid. Note that this is NOT a rejection.
- Because the application was invalidated and not rejected, we got our money back, including the priority service cost. We only lost £25 per applicant.
- As I investigated the topic, I found out that some lawyers and in some rare instances even Immigration Case Managers rejected the notion that when calculating leave, a skilled-worker-based SET(O) application could include both times spent under “Dependent visa” and “Family Visa”. In fact, even some people in this forum do have that impression.
- But Zimba was right: We applied for the ILR using SET(O) and bought a 5-day express service for the response. We got the outcome less than 24 hours after biometrics appointment. It was a positive outcome. ILR application successful!

Thank you Zimba and everyone here for your help. We wish you the bestest of lives. Over and Out.

[zimba]

The switch is actually not needed at all as per the current guide. Direct ILR via SET(O) is now possible

The skilled worker rules allow you to include the time spent under the partner of a settled person (family route) too. They simply need to apply using form SET(O) and make sure to select the 'Tier 1 dependant' route.
Note that to benefit from the rules, you need to do this and try not to worry about their current visa under the family route. So the form SET(M) should NOT be used in this instance even though they are currently under the family route, because ILR under the skilled worker route is applied via form SET(O)

You were right, mate! My family got their ILR when we re-applied using SET(O).

For those coming after me, I will add some key points in our journey. These are valid as of November 2024, but things might change in the future:

- Dependent/Family Visa Extensions: They cannot be extended by a few months. It is always a full extension with the full cost.
- Time spent under both types (Dependent Visa and Family Visa) can be combined for Skilled Worker ILR applications if SET(O) is used.
- When we mistakenly applied under SET(M), the application was deemed invalid. Note that this is NOT a rejection.
- Because the application was invalidated and not rejected, we got our money back, including the priority service cost. We only lost £25 per applicant.
- As I investigated the topic, I found out that some lawyers and in some rare instances even Immigration Case Managers rejected the notion that when calculating leave, a skilled-worker-based SET(O) application could include both times spent under “Dependent visa” and “Family Visa”. In fact, even some people in this forum do have that impression.
- But Zimba was right: We applied for the ILR using SET(O) and bought a 5-day express service for the response. We got the outcome less than 24 hours after biometrics appointment. It was a positive outcome. ILR application successful!

Thank you Zimba and everyone here for your help. We wish you the bestest of lives. Over and Out.

Congratulations.
Note that what I advised was strictly as per the offcial immigration guide.