Not sure why homeoffice have done this
Posted: Tue May 28, 2019 9:07 pm
Hi guys,
So I will try to bullet point my story and please share your thoughts.
1) Applies for ILR(M) for my wife in March. Her current FLR(M) is still valid till march 2020
* She had reached 5 years under partner and spousal visa in december, I realise now my mistake of counting the 1 year under she was under partner of Tier-2 General in the total. I settled a year after she came here and subsequently got my British citizenship
2) Home office requests documents pertaining to my son. Please note that I had not attached any documents
regarding our son(who is British by birth because of me) and my application was for ILR(M)
3) Thinking that is additional documents they want, I provided as prompted.
4) We received rejection of her ILR(M) application for the reasons stated above (only 48 months so far). Important to note that by that count she will qualify next March, till when her current visa runs anyway.
5) Homeoffice however have considered her application in an alternative route and happy to grant her leave if we pay nhs surcharge etc. Now the interesting point to note in that letter is that they want us to select FLR(FP) when paying that surcharge. So they are considering her application on an FLR(FP) to get 30 months but would that not put her on a 10 year path?! When she doesnt even need but to wait till next year to apply for ILR? I find that irritating that we couldve easily just clicked and paid surcharge online and gotten further into a muddle?
Why would they try to put her on a different path? Or am I reading too much into this?
The important question is. If we do not pay the surcharge in the next 7 days and the application is rejected as stated in the letter. Does her current leave to remain still stay valid? (the FLR(M) which goes till march 2020)
So I will try to bullet point my story and please share your thoughts.
1) Applies for ILR(M) for my wife in March. Her current FLR(M) is still valid till march 2020
* She had reached 5 years under partner and spousal visa in december, I realise now my mistake of counting the 1 year under she was under partner of Tier-2 General in the total. I settled a year after she came here and subsequently got my British citizenship
2) Home office requests documents pertaining to my son. Please note that I had not attached any documents
regarding our son(who is British by birth because of me) and my application was for ILR(M)
3) Thinking that is additional documents they want, I provided as prompted.
4) We received rejection of her ILR(M) application for the reasons stated above (only 48 months so far). Important to note that by that count she will qualify next March, till when her current visa runs anyway.
5) Homeoffice however have considered her application in an alternative route and happy to grant her leave if we pay nhs surcharge etc. Now the interesting point to note in that letter is that they want us to select FLR(FP) when paying that surcharge. So they are considering her application on an FLR(FP) to get 30 months but would that not put her on a 10 year path?! When she doesnt even need but to wait till next year to apply for ILR? I find that irritating that we couldve easily just clicked and paid surcharge online and gotten further into a muddle?
Why would they try to put her on a different path? Or am I reading too much into this?
The important question is. If we do not pay the surcharge in the next 7 days and the application is rejected as stated in the letter. Does her current leave to remain still stay valid? (the FLR(M) which goes till march 2020)