Spouse partner route

[jawad_khan44]

My entry Clearance was refused in 2015 by the ECO. After wasting my two years i.e. in 2017 the ECO decision was set aside by the Tribunal determination through an appeal by me. On the hearing date the home office was not represented for the reasons best known to them. The Tribunal also ordered the Home office to pay £140 to the appellant.

My two years were wasted without my fault, and I spent around £2500 for Barrister /court fee and other allied expenses. Entry clearance was granted on 31 July 2017, and it states that '' LEAVE TO ENTER OUTSIDE OF THE RULES '' This error has been accepted by the home office in their letter dated 09 OCT 2023 to the Honourable MP. The Biometric permit issued on 08 AUG 2017 states '' SPOUSE/PARTNER LEAVE TO ENTER '' Which is a five year route for ILR.

The application of 1st May 2020, was made in the backdrop, and at the height of Covid 19 under National Lockdown. There was a total chaos, panic and scary environment faced by an individual household to the highest level of governance. The reported deaths are 29064 in the month of April 2020 alone in the UK. Everyone was trying to save their own lives and the lives of their loved ones and so was I doing, looking after my two daughters aged 10 months and 3 years old. It was a most depressing and stressful stage when I was putting together all the paperwork and filling up forms without any outside expert help as nobody was available and all were trying to save their own and their family lives.

Under these frightening circumstances, I might have chosen the wrong family route instead of a spouse partner five year route or selected the wrong form ( bit confusing ) for the application. There is no question if somebody is eligible for a five year settlement route and would opt for a ten year route deliberately. This should be considered as a human error under fearful circumstances of Covid 19, and National lockdown in the month of April 2020 in the UK, for which I should be forgiven.

On top of it and most importantly, I did not receive any email from the home office explaining the terms and conditions of leave granted on 1st May, 2020 application. If I had received it showing a ten years family route, I would have immediately requested the home office for its rectification to five years spouse partner route.

My English test reservation was made on 5th March 2020 for an exam date on 4th April,2020 was cancelled again and again due to Coronavirus.. Finally, I passed the test in my first attempt and submitted the English test pass certificate at the document service centre in Sheffield for biometric on 3rd Sep 2020, earlier, it was also delayed by the test centre due to coronavirus.

I need advise please in my above case I am not sure if I vary my application will I be able to fight my case in court or will it even be considered to go in court.

[Ticktack]

My entry Clearance was refused in 2015 by the ECO. After wasting my two years i.e. in 2017 the ECO decision was set aside by the Tribunal determination through an appeal by me. On the hearing date the home office was not represented for the reasons best known to them. The Tribunal also ordered the Home office to pay £140 to the appellant.

My two years were wasted without my fault, and I spent around £2500 for Barrister /court fee and other allied expenses. Entry clearance was granted on 31 July 2017, and it states that '' LEAVE TO ENTER OUTSIDE OF THE RULES '' This error has been accepted by the home office in their letter dated 09 OCT 2023 to the Honourable MP. The Biometric permit issued on 08 AUG 2017 states '' SPOUSE/PARTNER LEAVE TO ENTER '' Which is a five year route for ILR. Sad to hear, but these things happen

The application of 1st May 2020, was made in the backdrop, and at the height of Covid 19 under National Lockdown. There was a total chaos, panic and scary environment faced by an individual household to the highest level of governance. The reported deaths are 29064 in the month of April 2020 alone in the UK. Everyone was trying to save their own lives and the lives of their loved ones and so was I doing, looking after my two daughters aged 10 months and 3 years old. It was a most depressing and stressful stage when I was putting together all the paperwork and filling up forms without any outside expert help as nobody was available and all were trying to save their own and their family lives. This forum was up and running though. A lot of folks got help from here.

Under these frightening circumstances, I might Might or you did??have chosen the wrong family route instead of a spouse partner five year route or selected the wrong form ( bit confusing ) for the application. There is no question if somebody is eligible for a five year settlement route and would opt for a ten year route deliberately They might not meet all the requirements, so it does happen. The HO are none the wiser and frankly don't care. Sad to say.. This should be considered as a human error under fearful circumstances of Covid 19, and National lockdown in the month of April 2020 in the UK, for which I should be forgiven. The HO aren't really in the business of
"go and sin no more". Horrible as it might sound, it is what it is.

On top of it and most importantly, I did not receive any email from the home office explaining the terms and conditions of leave granted on 1st May, 2020 application. If I had received it showing a ten years family route, I would have immediately requested the home office for its rectification to five years spouse partner route. No guarantee that it would have worked. They probably would have told you to pay another money and your clock resets again. Once a decision has been made, I'm yet to see the HO revert it and issue another permit based on separate conditions again. It almost feels lie a taboo for them.

My English test reservation was made on 5th March 2020 for an exam date on 4th April,2020 was cancelled again and again due to Coronavirus.. Finally, I passed the test in my first attempt and submitted the English test pass certificate at the document service centre in Sheffield for biometric on 3rd Sep 2020, earlier, it was also delayed by the test centre due to coronavirus.

I need advise please in my above case I am not sure if I vary my application will I be able to fight my case in court or will it even be considered to go in court.

So this is 2024. What application are you varying? From what to what?? Except I missed that in the message somewhere.

[jawad_khan44]

Thank you for taking time for responding my questions.

I was not aware of this forum before only found about it recently.

So I have applied for ILR in April 2023 and in response HO has suggested me to vary my application to 10 year route as I am not eligible for ILR.They say there record show that my first leave was 5 year route and application made on may 2020 was on a 10 year route.

I am till date in contact with the HO and they have been giving me time since start Oct to Vary my application.

One quick question if I may ask here, How important is a decision letter?
Why have they not supplied me with one?If they dont send one what are the consequences for the HO?
Are they legally supposed to supply one?

Am I eligible for a judicial review?

[meself2]

Am I eligible for a judicial review?

JR is when you're challenging that the decision given by HO is wrong. In this instance, it sounds like you've applied for 10 years route and you got 10 year route - how is HO wrong there?

Did you receive any emails from HO about your application (if yes, what does it say)?

[jawad_khan44]

My first application in 2017 was under 5 year route then when I applied for extension in may 2020 considering i am applying for 5 year route and I thought I have applied for 5 year route and I got the BRP in hand followed by no letter or an email confirming terms and conditions.

I have only come across now after meeting advisors and seeing on forum that we are supposed to have received a decision letter.

If I would have received that decision letter back with my last extension I would have promptly reached out to the HO.

At this stage HO is saying that you are not eligible for ILR and you have further 2 more extensions before you are eligible.

They are asking my concent to vary my application from ILR which is likely to get rejected to 10 year route.

But here my point still stands that if they haven't provided me a decision letter how would I know what route am I being put on.

[AmazonianX]

My first application in 2017 was under 5 year route then when I applied for extension in may 2020 considering i am applying for 5 year route and I thought I have applied for 5 year route and I got the BRP in hand followed by no letter or an email confirming terms and conditions.

I have only come across now after meeting advisors and seeing on forum that we are supposed to have received a decision letter.

If I would have received that decision letter back with my last extension I would have promptly reached out to the HO.

At this stage HO is saying that you are not eligible for ILR and you have further 2 more extensions before you are eligible.

They are asking my concent to vary my application from ILR which is likely to get rejected to 10 year route.

But here my point still stands that if they haven't provided me a decision letter how would I know what route am I being put on.

The ground on what you want to contest is shaky. Let's assume decision letter not supplied, whether erroneously or not, was it what you applied for that was granted?

[jawad_khan44]

I applied for a five year route but can confirm if someone can identify for me on the form where does it say 5 year route?

[Ticktack]

I applied for a five year route but can confirm if someone can identify for me on the form where does it say 5 year route?

So you don't exactly choose what route you want. The guidance is simple. If you apply under a particular route, say Family route (M). If you meet all the requirements, then visa is granted on 5 year route. If you don't, but visa can't be denied you're on the 10 year route.
Example;

On entry, requirements met - 5 years,

Renewal , wrong form submitted - 5 years (starting afresh) or
Not meeting requirements - 10 years route

So one can end up with 7.5 years or 10 years depending on error made or corrections made (at a later date).

What you can't do is to rollback the error made.

[jawad_khan44]

I am sure I submitted the right form but on the form i said that no english test was done because my english test was cancelled due to COVID 3 times.
However I had done my test and gave to the HO when I went for Biometric at Sheffield.
I feel a victim of COVID 19

[Ticktack]

I am sure I submitted the right form but on the form i said that no english test was done because my english test was cancelled due to COVID 3 times.
However I had done my test and gave to the HO when I went for Biometric at Sheffield.
I feel a victim of COVID 19

That's exactly what the problem was. No English means you don't tick all the boxes. Auto 10 year route! If it's any consolation, you're half way there already. Just hang in there (ILR). It would pass soon.

[AmazonianX]

I am sure I submitted the right form but on the form i said that no english test was done because my english test was cancelled due to COVID 3 times.
However I had done my test and gave to the HO when I went for Biometric at Sheffield. English language test is a requirement for spouse visa route. Though it is the reference number that is required to be in the form for English test, besides giving the scan copy of result at biometrics appointment, was a cover note or letter indicating you had managed to get the English test done after submission provided?
I feel a victim of COVID 19

[jawad_khan44]

No only English test result was scanned at the Sheffield office.I have received a subject access request but in that I dont see my English language test.

[AmazonianX]

No only English test result was scanned at the Sheffield office.I have received a subject access request but in that I dont see my English language test.

Probably because the the UER not entered and there was no cover letter as a pointer to CW/ECO to take the scanned result that you now have (after applying online) as meeting the English Language requirements.
Onus probandi, this might just be a lost course to pursue.