This is the second time that I see UKVI flat-out rejected the application as invalid for someone who applied using an incorrect form. SET(O) is the correct form and SET(M) should NOT have been used. The application that is refused will not qualify for any refund as it is decided.
The rejection letter now seems to mention the continuous residence requirement under Appendix FM. Here is another similar case with the same rejection letter which may look like it has something to do with the 28 day concession but the rejection is due to failure to apply using the correct form:
viewtopic.php?t=347655#p2165373
All migrant workers and their dependents must apply using form SET(O) only. The most common mistake I've seen is that people with dependant visas think because their spouse already has ILR or has since become a citizen, they should apply using the SET(M) form instead. That is an
INCORRECT assumption.
SET(M) should ONLY be used for people who completed 60 months under (partner of a settled person) aka Appendix FM/family route
The note on the SET(M) form is NOT talking about the personal circumstances of the applicant but rather their visa
route which is 5 years under the partner of a settled person/citizen route (Appendix FM):
current leave to remain is as the partner of a British citizen, settled person, or person with refugee leave or humanitarian protection and that leave is on the 5 year route and you have completed at least 5 years with leave on that route.
current leave to remain is as the parent of a child present and settled in the UK on the 5 year route and you have completed at least 5 years with leave on that route.
Anyone with a skilled worker visa (including dependents) must apply for ILR using form SET(O) only. The fact that their partner is now settled or British makes no difference whatsoever.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
