ILR Set (0) documents required clarification

[myilr83]

Dear Team,
I'm seeking an urgent advice as my spouse and child's ILR application got rejected. With the below reason -

"You have attempted to make an application for Indefinite Leave to remain as a Spouse of a British Citizen under Appendix FM. Your application is invalid as you have not completed anytime on our route specifically and we require you to have been on our route for 60 months in country to qualify for settlement under our route."

But the application was made as Partner of a person present and settled in the UK - 5-year route, Set M type. I was still on ILR (my BC application under submission, awaiting results) when the application was submitted. I obtained my BC recently only. I wasnt aware that citizenship application would affect ILR application, as they were alerady qualified completing 5 years.

Please advice me on why this was rejected and what could be the next steps.

Thank you.

[CR001]

Gtv dependents apply for ilr on form SET O. You have use the wrong form.

It is not about your ilr or citizenship status but everything to do with the visa category the dependents hold.

Also it hasn’t been rejected. If you read the email it would give you time to make the correct application.

[myilr83]

Thanks for the quick response CR001.

The wordings sounded like it was a rejection, sorry about that -
You have extant leave as a Dependent Joiner until 24 May 2025. Therefore a rejection of this application will not effect your immigration status or history. Please apply for further leave on a appropriate route prior to this expiry date. You will receive a full refund for this settlement application. This can take a minimum of 6 weeks to process.

Thanks much, I take your advice. Based on your response, the mistake was using Set M form for ILR dependent instead of Set O for GTV depennt route.

Should i reapply as GTV dependent ( 2years T2 + 3 years GTV) with set O form as a fresh application? If i reapply, will we require to redo biometics as well?

[zimba]

Yes you should apply for a new application from scratch using SET(O) and do everything again

[myilr83]

Thank you so much. Let me give a try.

[myilr83]

Dear Team

I am applying for my spouse's ILR Set O application (GTV dependent). Upon submission, on the appilication checklists and UKVCAS portal documents section got me confused.

Question 1, there are two separate sections to upload the below listed documents:
1 - Declaration signed by (sponsor) to confirm consent for the Home Office to request verification checks
2 - Consent form for the Home Office to request verification checks on (sponsor) for joint accounts or third party support
If I understood right 1st one would be the Part 1 & 2 of the and 2nd would be Part 3 of the verification checks consent form (family_consent pdf)?

Question 2, it has two separate sections to upload the below listed documents
1 - Current Biometric Residence Permit for (applicant)
2 - Evidence of (applicant) immigration status in the UK
Would uploading the copy of the current BRP suffice for both the sections?

I got a bit confused, wondering if these sections are redundant. Besides these two all other document requirements are straight forward. Kindly please advice here.

Thank you,
M

[zimba]

1) They refer to parts 1 and 2 of the same consent form. There is only one to upload which has 3 parts: the applicant will sign part 1 and the spouse will sign part 2. Part 3 should be ignored.
2) BRP is enough

[myilr83]

1) They refer to parts 1 and 2 of the same consent form. There is only one to upload which has 3 parts: the applicant will sign part 1 and the spouse will sign part 2. Part 3 should be ignored.

Understood. Does this mean, I should upload same signed part 1 & 2 against both the sections on the ukvcs portal (1 - Declaration signed by sponsor and 2 - Consent form for the HO)?

[myilr83]

2) BRP is enough

Thanks much, will upload BRP against both the sections on the ukvcas portal.

[zimba]

1) They refer to parts 1 and 2 of the same consent form. There is only one to upload which has 3 parts: the applicant will sign part 1 and the spouse will sign part 2. Part 3 should be ignored.

Understood. Does this mean, I should upload same signed part 1 & 2 against both the sections on the ukvcs portal (1 - Declaration signed by sponsor and 2 - Consent form for the HO)?

As I said they both refer to the same form. Upload just once

[myilr83]

Thank much for all the inputs. Very very helpful.

[myilr83]

Posting an update here, as i saw may applicants facing the same error:

• HO refunded the full fees for the wrong Set (M) application. (Note: I didnt apply for priority processing, i assume that fee might not be refunded. Standard processing took exactly 3 months for the decision.

• Refund back to the original payment card took appox 18 calendar days from the rejection notification

• Reapplied as Set (O) GTV dependent (PBS) and the approval was received today. Opted for priority this time, and decision came in 1 working day of the biometrics

[jcsc]

Hi, my husband is in the same situation. His set M was wrong so home office emailed and offered to vary and receive full refund on 7th April 2024. We did reply to them to vary the application but we haven't heard anything back since. So we just submitted a new application using set 'O@ and provided the old application number. I believe that submitting the new one will automatically vary the set M application. How long did it take to receive refund from the set M application? Did you receive any email that it was varied and that refund will be processed? Thank you!

[jcsc]

Posting an update here, as i saw may applicants facing the same error:

• HO refunded the full fees for the wrong Set (M) application. (Note: I didnt apply for priority processing, i assume that fee might not be refunded. Standard processing took exactly 3 months for the decision.

• Refund back to the original payment card took appox 18 calendar days from the rejection notification

• Reapplied as Set (O) GTV dependent (PBS) and the approval was received today. Opted for priority this time, and decision came in 1 working day of the biometrics

Hi, my husband is in the same situation. His set M was wrong so home office emailed and offered to vary and receive full refund on 7th April 2024. We did reply to them to vary the application but we haven't heard anything back since. So we just submitted a new application using set 'O@ and provided the old application number. I believe that submitting the new one will automatically vary the set M application. How long did it take to receive refund from the set M application? Did you receive any email that it was varied and that refund will be processed? Thank you!

[myilr83]

Hi, my husband is in the same situation. His set M was wrong so home office emailed and offered to vary and receive full refund on 7th April 2024. We did reply to them to vary the application but we haven't heard anything back since. So we just submitted a new application using set 'O@ and provided the old application number. I believe that submitting the new one will automatically vary the set M application. How long did it take to receive refund from the set M application? Did you receive any email that it was varied and that refund will be processed? Thank you!

I just submitted a fresh application on Set O. I didn't make any reference to the rejected application and complicate it, as it's not a refusal so is irrelevant.
Even though I emailed them, they responded and can't do anything to switch the application as the Set O route is different with criteria, eligibility and documentation requirements. Honestly set O was pretty straightforward, just that family had to redo the biometrics.
Refund as I quoted was issued in 18 calendar days of the Set M rejection notification.

PS: The above stated was my experience and not an advice.