Indefinite to Remain 5 year route

[Rkirkup]

Hi All,

I am new to this forum but I have a lot of discussion and advised with regards to ILR and hoping some of you can provide a great help with my current situation.

I come to the UK in July 2012 under Tier 4 General student visa and a further tier 4 visa is granted.
In 6 August I have applied for the 5 year route Spousal visa.
From 6 August 2014 to 6 February 2017 ( 2.5years)
A further 2.5 years was granted on 30 January 2017 until 6 July 2019

We have applied for ILR 17 June 2019 thinking I am qualified due to all requirements met but they have refused with the grounds of only have leave to remain for 58 months.

We have done some thoroughly investigation and realised that they have given us only 29 months for the second leave to remain instead of 30 months.
I still have the letter that they have us from the leave to remain stating that they have me 30 months. This was not consider in the refusal.

Can someone advise please what is the best option.

[Rkirkup]

Hi All,

I am hoping someone can advise me with my current situation.
We have applied for Indefinite leave to remain last 17 June 2019 and this was refused.
Here are my timeline:
Tier 4 General student visa July 2012 to August 2013
Tier 4 General student visa September 2013 to August 2014
Leave to remain FLR M 6 August 2014 to 6 February 2017
Further Leave to remain 30 January 2017 to 6 July 2019.
We have applied for ILR thinking we have met all the qualifition this is the only time we realised that they have made a system error on my BRP expiry date as instead of 30 months it's only 29months which there is a shortfall of one month with my 60 months qualifying stay.
I still have the letter of grant to leave which state I was grant for 30months.
Can someone provide some advise what is the best option as HO did not checked this.

[aman90]

Hi All,

I am hoping someone can advise me with my current situation.
We have applied for Indefinite leave to remain last 17 June 2019 and this was refused.
Here are my timeline:
Tier 4 General student visa July 2012 to August 2013
Tier 4 General student visa September 2013 to August 2014
Leave to remain FLR M 6 August 2014 to 6 February 2017
Further Leave to remain 30 January 2017 to 6 July 2019.
We have applied for ILR thinking we have met all the qualifition this is the only time we realised that they have made a system error on my BRP expiry date as instead of 30 months it's only 29months which there is a shortfall of one month with my 60 months qualifying stay.
I still have the letter of grant to leave which state I was grant for 30months.
Can someone provide some advise what is the best option as HO did not checked this.

60months minus 28 days or 06.08.19 minus 28 days
You qualify for ILR on 09.07.19.
Even if you have a letter that states you’ve been granted 30 months etc. You applied too early.
There is nothing really that you can do now with regards to the refusal or arguing abt the date on the BRP.
You still have leave till 06/07/19.
Do not accept any thing offered to you.
Apply on 06/07/19 for ILR again.

[Rkirkup]

Thank you for advised, with regards to reapplying for ILR on the 6th July 2019 still I have shortfall for about 4 days and I am anxious that they would not grant the ILR because of this reason.

[aman90]

Thank you for advised, with regards to reapplying for ILR on the 6th July 2019 still I have shortfall for about 4 days and I am anxious that they would not grant the ILR because of this reason.

If only you were this cautious earlier
Interestingly.. you must be in ur qualifying period on the date of decision...to be successful.
A discretion allowed to benefit applicant.
Read continuous residence guidance.
So you’ll be ok.. if you apply JUST before ur visa expires and not after!
indefinite-leave-to-remain/ilr-applicat ... 83921.html

[Rkirkup]

Thank you, your advised is very helpful.

[Rkirkup]

Dear Aman90

You were such a huge help with making our decision to what would be the next step after the refusal.

We did reapply for the ILR set M just before my spouse visa expired and got the decision letter today stating that my ILR application is been approved.

Thank you so much, hope to meet you one day to personally say how greatful we are to you.