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SET(M) Application Problems

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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lightdog
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SET(M) Application Problems

Post by lightdog » Wed Mar 11, 2020 12:29 pm

Hi everyone,

We might be in a bit of a pickle! I'm hoping some of you might be able to help.

My wife is very stressed about her ILR application. She completed the SET(M) form in advance and submitted it (and paid) in order to book an appointment for the 2nd of May, when she will be eligible for ILR via the 5-year route, thinking that the 'date of application' would be the date of the appointment at the premium service centre.

Her first leave to remain as a spouse was granted on the 30th of May 2015.

We made two mistakes:

1) We submitted the online application on the 10th of March rather than the 2nd of May. We haven't booked an appointment yet as the dates aren't open.

2) She selected 'no' as an answer to the question regarding the life in the UK test, again because we are so used to the old-style system of completing in advance and then bringing the required documentation to the appointment. We have now, of course, booked an appointment for the test.

We are worried that both of these elements will result in a refusal. We have spoken to the Home Office, and as usual we've received three different answers:

1) That we simply need to send a cover letter explaining the errors and asking the Home Office to use the 2nd of May as the 'most beneficial date' and to bring confirmation of having passed the life in the UK test to the appointment

2) That we must cancel/withdraw the application and email complaints@homeoffice.gov.uk asking for a discretionary refund

3) That there is no option but to cancel and there is no possibility of a refund

Which of these is correct, and what is the best course of action for us to take? From reading around the boards, it appears that some people have succeeded in obtaining a refund and others have continued with the application and some were successfully granted ILR and some were refused.

Thanks in advance for all of your help! :cry:

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zimba
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Re: SET(M) Application Problems

Post by zimba » Wed Mar 11, 2020 1:01 pm

This is why we advise people to apply when eligible rather than rushing it.
As long as you book the appointment on 2nd May and onwards, she will be fine as she needs to be eligible on the day of the decision. LIUK test can be uploaded with the documents as normal and it will be considered.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

lightdog
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Joined: Thu Jul 27, 2017 9:52 pm

Re: SET(M) Application Problems

Post by lightdog » Thu Mar 12, 2020 4:11 pm

Hi Zimba,

Thank you for the reply!

We've just spoken to a solicitor, and he suggested that if we choose to withdraw the application they will very likely cancel my wife's existing visa and put her onto LLR. We're a bit dubious about this, but also somewhat scared as we've received so many conflicting opinions. A second solicitor then told us that there is no option but to let the application fail and then pay again. This, as well, might not be the best idea because of the limited timeframe we're working under...

On the .gov advice page regarding a cancellation/withdrawal of an application, as well, they suggest that there would be zero chance of a refund and it might well cancel off her current visa.

And now we've just got off the phone with a wonderful solicitor who did her best to reassure us and provided us with several email addresses and phone numbers (for free), advising that if we simply initiate an email chain and request a withdrawal and a refund all will be well.

Still confused! What would either of you do?

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zimba
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Re: SET(M) Application Problems

Post by zimba » Thu Mar 12, 2020 4:23 pm

I repeated this before and I repeat this again, running around like a headless chicken from solicitor to solicitor is pointless unless you trust their advice. If you do then there is no point coming here. I have to give advice almost daily to people who come here to hear another opinion on their case and then declare they are confused and do not know what to do. Some of the advice you got is flat out incorrect.

The advice I given to you is based on official UKVI guide and many cases on the forum. As long as she is eligible on her ILR decision day, ILR will be granted. There is no need for withdrawal or cancellation. Simply book the appointment within the 28 days and all is good.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

cvd
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Re: SET(M) Application Problems

Post by cvd » Wed Apr 15, 2020 10:41 pm

Hi Lightdog,

I am in a similar position where we incorrectly filed the wrong form (O instead of M) and I need to ask for a refund. Can you share the email addresses that you were given to write to?

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