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Hope someone/guru give me some light would be much appreciated !!
I just received FLR decision letter I'm not qualified for ILR and the reason is below,
can someone let me know should I appeal/how to appeal or follow the home office advise pay the gbp1000.00 for another 30months visa then go for the 10yrs route?
My wife very sad once she saw the letter

My first arrival to Uk is 18JUl2014 so plus 5yrs should be 18JUL2019 but no idea my biocard expired in 04 May 2019, therefore I've submitted the FLRM application on 21Jun2019 -28days before then end up getting this visa refusal ***

Detailed consideration
- On 10 February 2014 you were granted leave to enter the United Kingdom as a spouse of
a settled person until 10 November 2016.


- On 06 October 2016 you were granted leave to remain in the United Kingdom as a
spouse of a settled person until 04 May 2019.

- On 21 June 2019 you made an out of time application for indefinite leave to remain as a
spouse of a settled person under the Immigration Rules.

You were last granted leave to remain on 06 October 2016 with a visa valid until 04 May 2019.
You made this application on 21 June 2019. This is 48 days after your leave to remain in the
United Kingdom as a spouse of a settled person has expired and therefore, you do not meet the
requirements of R-ILRP.1.1(e) with reference to E-ILRP.1.2., as you are out of time.
For the reasons outlined above, you do not qualify for indefinite leave to remain as the spouse of
a person present and settled in the UK as you have failed to meet the requirements of the
Immigration Rules under Paragraph D-ILRP 1.3 with reference to Paragraph R-ILRP1.1 (e)
of Appendix FM.

Many thanks in advance

WIRALOON wrote: ↑

Sat Oct 05, 2019 12:02 am

follow the home office advise pay the gbp1000.00 for another 30months visa then go for the 10yrs route?

Better to pay £1000 and get 30 months of leave but your continuous residence has been broken under 10 years of ILR route because of not being protected by virtue of section 3C due to sending an out of time application. After paying £1000 you might be given flrfp visa under 10 years of route which will reset your ILR clock.

The decision is correct as you did not have 5 lawful years stay to be granted ILR. You may take the offer and then later switch to the 5 year route. Remember that you must start the 5 years again

Many thanks for the advice above, I'm still feeling very confused to this as my first arrival is 18Jul2014, so in theory, 5yrs would be 18JUl2019 therefore I submitted my application on 21Jun2019, I never notice it follows my residence card expiry date 04 May 2019? Let say if I submit my application at 01st May it does not fulfil 5yrs (only 4yrs 9month, that the confusing part or I'm doing a wrong calculation)
At the same time, my son was born in Uk with a British passport, can I apply another shorter route rather than wait another 5yrs?



Detailed consideration
- On 10 February 2014 you were granted leave to enter the United Kingdom as a spouse of
a settled person until 10 November 2016.

- On 06 October 2016 you were granted leave to remain in the United Kingdom as a
spouse of a settled person until 04 May 2019.

- On 21 June 2019 you made an out of time application for indefinite leave to remain as a
spouse of a settled person under the Immigration Rules.

Millions Thanks

The problems were that you entered the UK very late and applied for ILR as an overstayer of more than 14 days. Did you specify when you intended to travel to the UK in your visa application?

It’s also unfortunate that FLR(M) was granted before the caseworker had discretion to add up to 28 extra days to your leave.

I've my first entry stamp 18Jul2014 on my first UK spouse visa, not sure if this help? I'm using this date for the 5yrs calculation reference.
I've completed the form and ready all the document before the BiO card expired, really unfair if my visa refuse due to out of time
Not sure should I find a solicitor to step in and what is my chance of appeal? Or just pay the healthcare GBP1000.00 within 10 working days and get the limited leave and remain?

WIRALOON wrote: ↑

Sat Oct 05, 2019 11:56 pm

I've my first entry stamp 18Jul2014 on my first UK spouse visa, not sure if this help? I'm using this date for the 5yrs calculation reference.
I've completed the form and ready all the document before the BiO card expired, really unfair if my visa refuse due to out of time
Not sure should I find a solicitor to step in and what is my chance of appeal? Or just pay the healthcare GBP1000.00 within 10 working days and get the limited leave and remain?

Ur visa expired before you completed 60months.
Were you not aware that you needed to have a valid visa during entire stay in the UK till you got ur ILR(free from immigration control)?
What is ur appeal- ignorance of law?

aman90 wrote: ↑

Sun Oct 06, 2019 2:27 am

WIRALOON wrote: ↑

Sat Oct 05, 2019 11:56 pm

I've my first entry stamp 18Jul2014 on my first UK spouse visa, not sure if this help? I'm using this date for the 5yrs calculation reference.
I've completed the form and ready all the document before the BiO card expired, really unfair if my visa refuse due to out of time
Not sure should I find a solicitor to step in and what is my chance of appeal? Or just pay the healthcare GBP1000.00 within 10 working days and get the limited leave and remain?

Ur visa expired before you completed 60months.
Were you not aware that you needed to have a valid visa during entire stay in the UK till you got ur ILR(free from immigration control)?
What is ur appeal- ignorance of law?

I'm aware my visa expired 04th May and all my document and form was ready one month before, the part that confuses me is I have to fulfil 5yrs in the UK and I've used my first entrance stamp date 18Jul2014 as reference.
I remember I've contacted the HO, they not able to give any advise, therefore doing google research definitely I remember all mentioned 5yrs is count from the first entry to the UK and not the Visa issue date.
I keep thinking if I submit in April I'm not fulfilled the 5yrs stay here but seem I'm totally wrong now.
Anyway thanks for your reply, really appreciated

Whereas you may have understood the timeline of when you qualified for ILR under continuous residence.. youve repeated that over and over again.. you seem to completely ignore to understand the fact that you did that ‘illegally’.

WIRALOON wrote: ↑

Sun Oct 06, 2019 11:04 am

I'm aware my visa expired 04th May and all my document and form was ready one month before, the part that confuses me is I have to fulfil 5yrs in the UK and I've used my first entrance stamp date 18Jul2014 as reference.
I remember I've contacted the HO, they not able to give any advise, therefore doing google research definitely I remember all mentioned 5yrs is count from the first entry to the UK and not the Visa issue date.
I keep thinking if I submit in April I'm not fulfilled the 5yrs stay here but seem I'm totally wrong now.
Anyway thanks for your reply, really appreciated

You do not seem to understand what LAWFUL residence means. You did NOT have 5 years of LAWFUL residence