ILR Application do not qualify!

[mirat]

Hi,
I entered UK on 2nd of April 2014 as a PBS dependant and the visa expired on 16th April 2016.

I made another leave to remain application on 13th of April and thr visa granted on 20th of April 2016 and valid until 26th of March 2019( 3 weeks less for 3 years).


I made an ILR application on 13 th of March 2019 and get refused on 21st of March for just not qualifying for 5 days.


My BRP valid until 26 March 2019 (today) and again i made an application for futher leave to remain for 2.5 years today(26.03.2019)


Am i an overstayer?
Can I apply for ILR immediately once i got the leave to remain visa?

Please advise.
Mirat.

[zimba]

As you applied today you should be protected under section 3C from tomorrow. You can apply for ILR when eligible

[CR001]

This seems wrong. You entered the UK on 2nd April 2014 and are allowed to apply for ILR within 28 days before this date in 2019.
13th March is within the 28 days, so unless there is another reason for refusal, I can't see how the refusal is correct if you held a PBS dependent the whole time.

Note that a 2.5 year flr with reset your clock. Did you apply on form FLR M??

[mirat]

This seems wrong. You entered the UK on 2nd April 2014 and are allowed to apply for ILR within 28 days before this date in 2019.
13th March is within the 28 days, so unless there is another reason for refusal, I can't see how the refusal is correct if you held a PBS dependent the whole time.

Note that a 2.5 year flr with reset your clock. Did you apply on form FLR M??

Hi , my brp expired on 26.03.2019 that i have a pbs dependant visa only for 59 months and 25 days. That is 5 days less than 5 years.

The above is the only reason mentioned in my refusal letter.
Yes i have applied through family route for further extension as a spouse for 2.5 years yesterday.

My confusion is my visa ( pbs dependendant brp with the expiry of 26.03.2019) expire on the day of refusal of ILR that is 21st march 2019 or on 26 march 2019.

[CR001]

You are required to have a valid visa at the date of ILR application. There is no requirement that it must be valid past 60 months and many have had success without a visa being valid for the full 5 year period.

Did you submit your online form on the 13th March or was this your date of appointment at UKCVAS?

Can you type out the exact words of the refusal?? I would certainly challenge HO on this refusal though.

You were silly to submit an FLR(M) application as your ILR clock will be reset and you will be on a new 5 year route (2 x 2.5 year visas) before you can apply for ILR again.

Your visa expires on the date of your BRP and not the ILR refusal letter date.

Am i an overstayer?

No.

Can I apply for ILR immediately once i got the leave to remain visa?

No you cannot as you are now switching visa categories and I am not sure why you have done this and not extended your PBS Dependent visa instead.

[CR001]

Page 4 of the Set(O) Guidance notes clearly states about the 28 days before reaching the qualifying period.

https://webarchive.nationalarchives.gov ... -07-18.pdf

Please do not apply more than 28 days before completing the qualifying period.

What form did you apply for ILR on, was it Set(O) or SET(M)??

[mirat]

Page 4 of the Set(O) Guidance notes clearly states about the 28 days before reaching the qualifying period.

https://webarchive.nationalarchives.gov ... -07-18.pdf

Please do not apply more than 28 days before completing the qualifying period.

What form did you apply for ILR on, was it Set(O) or SET(M)??

I have applied with SET(M).
I couldnot extend the visa as pbs fependent because my husband had got the ILR on 7th february 2018.

[CR001]

Page 4 of the Set(O) Guidance notes clearly states about the 28 days before reaching the qualifying period.

https://webarchive.nationalarchives.gov ... -07-18.pdf

Please do not apply more than 28 days before completing the qualifying period.

What form did you apply for ILR on, was it Set(O) or SET(M)??

I have applied with SET(M).
I couldnot extend the visa as pbs fependent because my husband had got the ILR on 7th february 2018.

On what basis did your husband get ILR, based on Tier 2 with 5 years residence or based on 10 years long residence? If he got ILR based on Tier 2, of course you can extend your PBS Dependent visa if that is the last visa you have held. The immigration rules allow this.

You DID NOT qualify for ILR on Set(M) if your visa is a PBS Dependent visa. So the refusal likely says you do not have 5 YEARS in a qualifying visa for ILR on SET(M) and nothing to do with 5 days short.

Who has been giving you such horribly wrong advice??

You should have reapplied for ILR on form SET(O) instead of applying for FLR(M).

Please, post the wording/text of the refusal letter for members to offer you any further useful advice.

[mirat]

Hi,
My husband got the ILR on a long residence basis on 7th february 2018.
The actual word that the refusal letter has
a) at least 60 months in the UK with,
1)leave to enter granted on the basis of entry clearence as a partner granted under paragraph D- ECP.1.1 or
2)Limited leave to remain as a partner granted under paragraph D- LTRP.1.1
3) a combination of 1) and 2)

b) at least 120 months in UK with
1)leave to enter granted on the basis of entry clearence as a partner granted under paragraph D- ECP.1.1 or D- ECP. 1.2 or
2) Limited leave to remain as a partner granted under D- LTRP.1.1 or D-LTRP.1.2 or
3) a combination of both.

As stated above you have never been granted leave under the partner route.
Therefore have not compleyed at least 60 months unfer this route.
You therefore do not meet the requirements of E- ILRP.1.3 as set out above.

[CR001]

So nothing about 5 days short then.

The error is definitely yours then as you were required to switch to FLR(M) after your spouse got ILR based on long residence. You then need 5 years residence on FLR(M) spouse visa (2 x 2.5 year visas) before you can apply for ILR on SET M. The rules changed in 2014 regarding PBS dependents of long residence ILR partners (link below). You would not have qualified for ILR on Set O as a PBS dependent anyway in this case.

immigration-for-family-members/dependan ... 43881.html

You will need to wait for your new application to be approved and then you will likely only qualify for ILR in 2024.

[mirat]

Thank you for your clarity.
So i have to wait another 5 years to complete my ILR application.
Thank you very much.

[CR001]

So i have to wait another 5 years to complete my ILR application.

Yes.

[mirat]

For flrm application is ielts acadamic 6.5 is fine
Or need to give an A1 english language skills?

[CR001]

Or need to give an A1 english language skills?

You need this one.

[mirat]

Or need to give an A1 english language skills?

You need this one.

Thank you