Got email from HO - URGENT

[hham1224]

Hi

Here is the previous post for my wife's visa

immigration-for-family-members/spouse-v ... l#p2139754

Since the post is locked, I cannot continue posting there.

I got a message from HO saying “my wife’s application isn’t eligible for ten a long residence. Can we consider her application under 5 yrs route? Send your response within ten working days to the email address provided”.

I am quite surprised, why she isn’t eligible for a straight forward application under 10 years route? She had 25 days gap. There is a law; a relaxation 28 days pre Dec 2018 and post approx 14 days. HO messed her case before and looks like repeating same mess again.

If I choose to go with 5 years route, there is a gap of 30 days in her 5 years route. Again this 30-day error is because of HO admin error in calculating 5 years I.e. From first day of granting the spouse visa to when five years completed.

I appreciate on any advice on the next steps.

[AmazonianX]

Under the circumstances you described if you don't agree for consideration under 5year route then most likely refused.
As per your additional information, be quite detailed in how her 5year route should be calculated highlighting HO's previous error and backed with contemporaneous evidence of her eligibility.
Good luck.

[AmazonianX]

For 5year route, the date that beneficial to the applicant is what will be used and I can say not to worry on the earlier short days.
An in time application was made.