ILR after Entry Clearance as a spouse after 09 July 2012

[AminWahba]

Dear Sir/Madam,

I am marry to British Citizen from 27 April 2011 and on 21 October 2013 I applied for UK visa to join my wife,from Cairo, Egypt by using ( VAF4A form + Appendix 2 Form ) and I got an Entry Clearance visa for 2 years starts from 08 Jan 2014 and ends 08 Jan 2016,I entered to the country on 04 Feb 2014.

On 23 December 2015 I applied for IRL (SET M) after achieved its requirement such as UK life test, English test via a solicitor.

on 26 Jan 2016 I got a letter from the home office asking to confirm my payment details because there was a problem to withdraw the fees via my account and I return to them the right payment details and they withdraw-ed the fees on 05 Feb 2016. On 19 Feb they send me a letter to do my Biometric Resident Card and I did it on the next day 20 Feb 2016 and send it to them via post office.

On 02 August 2016 I received a letter contained the following :

" Your SET (M) application has been voided due to an error on your Entry Clearance vignette when entering the country. You should have been granted 33 months under R-LTRP1.1 of Appendix FM instead of the 27 months you received due to a change in the immigration rules effective from 9 July 2016. This has now been corrected and we have placed a vignette in your passport to show you have leave until 8 October 2016.

Please note this means you need to complete 5 years as the spouse of a settled person before you can apply for settlement. you will therefore need to apply using an FLR(M) application form when you next apply and will be granted a further 2.5 years providing you meet the rules set out in Appendix FM.

Please accept our sincere apologies for the mix up. You will receive a full refund of £1500 in due course.

Yours sincerely,
..............."

I did received a full refund by a cheque on 10 August 2016, and send to my bank and it has been transited to my account on 20 August 2016.

When I made a search on Immigration rules I found the following notices:

1) Further for their letter, on 02 August 2016, they mentioned that my Entry Clearance should been issued under section R-LTRP.1.1 of Appindex FM , and this section was not match my situation at that moment because its require to be inside the UK in its first conditions but the fact was I applied for Entry Clearance visa to join my wife as she is a British Citizen from Egypt, on 21 October 2013.

" Section R-LTRP: Requirements for limited leave to remain as a partner
R-LTRP.1.1. The requirements to be met for limited leave to remain as a partner are-
(a) the applicant and their partner must be in the UK;"

In addition If I granted leave to remain under R-LTRP.1.1. the Appendix FM says it should be for 30 months, not 33 months.

2) I was granted a Visa that not exceeding 27 months under code1 and regarding to Immigration Rules Paragraph 281 chapter 8 because my situation at that moment was related to Immigration Rules Paragraph A280(d)(i) that was written on the chapter which explained the "Transitional provisions and interaction between Part 8, Appendix FM and Appendix FMSE"

" The following provisions of Part 8 continue to apply to applications made in the
period beginning with 9 July 2012 and ending on 30 November 2013, including
those that have not been decided before 1 December 2013, and are not subject to
any additional requirement listed in (b) above, by persons who have made an
application for entry clearance, leave to enter or remain as the fiancé(e), proposed
civil partner, spouse, civil partner, unmarried partner, same sex partner, or child or
other dependant relative of a British citizen or settled person who is a fulltime
member of HM Forces:
281 - 289
289A - 289C
2290 - 295
295A - 295O
297 - 316F
317 - 319
319L - 319U
319V - 319Y "



My inquires are :
1) Did I granted 2 years after 09 July 2012 because of Immigration Rules Paragraph A280(d)(i), or there was another reason, or it was an error ?

2) Is there any legal action to follow ?

3) what is the legal period that I can reply to their letter and how long time shall I ask to reply me back with in it?

4) I did not receive my Biometeric Resedinet, Shall I ask for it or it is only related to ILR ?

What is your advises please ??

Best Regards,

[vinny]

1) Error.
2) Probably no.
3) Apply for FLR(M) shortly before expiry of leave. Suggest between Sunday, 14 August 2016 and 7 October 2016. You should be granted FLR(M) for a period of 30 months from the date of the decision. You may apply for SET(M) no sooner than 28 days prior to 5th anniversary of your initial entry, from Thursday, 17 January 2019, and preferably before your leave expires.
4) You should receive a BRP following your successful FLR(M) application.

[Jatpunjabi]

1) Error.
2) Probably no.
3) Apply for FLR(M) shortly before expiry of leave. Suggest between Sunday, 14 August 2016 and 7 October 2016. You should be granted FLR(M) for a period of 30 months from the date of the decision. You may apply for SET(M) no sooner than 28 days prior to 5th anniversary of your initial entry, from Thursday, 17 January 2019, and preferably before your leave expires.
4) You should receive a BRP following your successful FLR(M) application.

I agree with vinny. BRP are normally given for visas application made in the UK. Your spouse visa was issued in your home country so they have just rectified the error. You won't get BRP for this.
You'll get BRP when you make FLR(M) application in few months. I do feel sorry for you as you probably had to go through a lot to put the application together and they make a mistake like that but unfortunately it does happen sometime.

[AminWahba]

Thank you so much for your advice, I appreciate you.

[AminWahba]

Hi Vinny,

And what about that they mentioned about R-LTRB of Appendix FM..... Does it apply for me when I am apply from outside the UK?

[vinny]

It was another mistake. They should have referred to D-ECP.

[AminWahba]

Thanks Vinny for your replies,

[AminWahba]

Hi Vinny,

Sorry if I disturbed you, but because I am quilfied as a lawyer from my country and I have more than 1 week reading in immigration rules, and I still beileve that my entry clearance visa was right with no errors, so I would like you explain to me why not the following paragraph does not apply for me, although I met its requirement.

( I was granted a Visa that not exceeding 27 months under code1 and regarding to Immigration Rules Paragraph 281 chapter 8 because my situation at that moment was related to Immigration Rules Paragraph A280(d)(i) that was written on the chapter which explained the "Transitional provisions and interaction between Part 8, Appendix FM and Appendix FMSE"

" The following provisions of Part 8 continue to apply to applications made in the
period beginning with 9 July 2012 and ending on 30 November 2013, including
those that have not been decided before 1 December 2013, and are not subject to
any additional requirement listed in (b) above, by persons who have made an
application for entry clearance, leave to enter or remain as the fiancé(e), proposed
civil partner, spouse, civil partner, unmarried partner, same sex partner, or child or
other dependant relative of a British citizen or settled person who is a fulltime member of HM Forces:
281 - 289
289A - 289C
2290 - 295
295A - 295O
297 - 316F
317 - 319
319L - 319U
319V - 319Y ")

Hopefully, you check it again and give me your final suggestion, because when I read FLR (m) application I got confuse when could not find my category which is I granted leave to enter or entry clearance from outside the UK as an intial period.

I look forward to hearing from you.

Best Regards,
Amin Wahba

[vinny]

I am marry to British Citizen from 27 April 2011 and on 21 October 2013 I applied for UK visa to join my wife,from Cairo, Egypt by using ( VAF4A form + Appendix 2 Form

You applied for entry clearance between 9th July 2012 and 1 December 2013. A280(d)(i) is applicable, if your British spouse was also a full-time member of HM Forces.

Was your British spouse also a full-time member of HM Forces?

[AminWahba]

Hi Vinny,

Thank you to much for your reply, I really appreciate you.

The paragraph said, for a British citizen OR a settled person who is a full time member of HM forces. In addition, on my first appilication from Egypt, I did not send or mention any thing about that my partner is working in HM forces. I applied via VAF 4A application + Appendix 2 which were need an employment contract with specific salary of £18600.

If not 280d(i) applied to me, I am feeling there is another reason in laws that allow my case worker to give me an Entry Clearance nor exceeding 27 months, and that was regarding to my situation at that time which is summeruize in the following points:
1) My married date with an agreement from the British embassy in Cairo on 27 April 2011.
2) I applied from outside the UK.

Regards,
Amin Wahba

[physicskate]

The paragraph said, for a British citizen OR a settled person who is a full time member of HM forces.

That means an ILR holder or BC who is a member of HM Forces... so anyone settled in the UK who is a member of the military... Not just a BC.

If not 280d(i) applied to me, I am feeling there is another reason in laws that allow my case worker to give me an Entry Clearance nor exceeding 27 months, and that was regarding to my situation at that time which is summeruize in the following points:
1) My married date with an agreement from the British embassy in Cairo on 27 April 2011.
2) I applied from outside the UK.

Regards,
Amin Wahba

Your marriage date is irrelevant, as long as your entry clearance was applied for after marriage. The relevant date is the date you APPLIED for entry clearance... and the rules changed for BC and ILR holders (not in the military) for applications after July 6, 2012 - over a year before you applied.

There was no reason for them to grant 27 months - it was an error. There have been other errors that we have seen on the fora too (not many but a couple cases)...

[AminWahba]

Thanks too much for your quick respond.
I am just confused because when I looked at FLR m I found many points that were not clear for , specially section 2, could you please advice me whic ticks shall I mark, for all of section 2 , regarding to my case?

Regards,

[AminWahba]

Hi Vinny,

Thank you to much for your reply, I really appreciate you.

The paragraph said, for a British citizen OR a settled person who is a full time member of HM forces. In addition, on my first appilication from Egypt, I did not send or mention any thing about that my partner is working in HM forces. I applied via VAF 4A application + Appendix 2 which were need an employment contract with specific salary of £18600.

If not 280d(i) applied to me, I am feeling there is another reason in laws that allow my case worker to give me an Entry Clearance nor exceeding 27 months, and that was regarding to my situation at that time which is summeruize in the following points:
1) My married date with an agreement from the British embassy in Cairo on 27 April 2011.
2) I applied from outside the UK.

Regards,
Amin Wahba

[Casa]

Hi Vinny,

Thank you to much for your reply, I really appreciate you.

The paragraph said, for a British citizen OR a settled person who is a full time member of HM forces. In addition, on my first appilication from Egypt, I did not send or mention any thing about that my partner is working in HM forces. I applied via VAF 4A application + Appendix 2 which were need an employment contract with specific salary of £18600.

If not 280d(i) applied to me, I am feeling there is another reason in laws that allow my case worker to give me an Entry Clearance nor exceeding 27 months, and that was regarding to my situation at that time which is summeruize in the following points:
1) My married date with an agreement from the British embassy in Cairo on 27 April 2011. As advised by physicskate, this is irrelevant
2) I applied from outside the UK. As advised by physicskate, this is irrelevant. Your application was submitted after the 9th July 2012

Regards,
Amin Wahba

Re-posting this won't change the answer. You were issued with the wrong entry clearance in error and now have the correct one which you will have to accept.
Your law degree in your home country is unlikely to have included in-depth knowledge of the complex UK Immigration Rules. Fellow Moderator Vinny has explained these very clearly for you and it would be wise to take these on board.

[vinny]

I think that it's clear from the transitional provisions instructions that the rule A280(d)(i) also relates to Partner or child of a British citizen in HM Forces or of a settled person in HM Forces.

Perhaps the ECO may have had the same interpretation as you did, which was later corrected.

[AminWahba]

Thank you Vinny, I appreciate you

[vinny]

A280(d)(i) was apparently a concession for family members of a British or settled person, in HM Forces.

[AminWahba]

Thanks a lot Vinny, and my gratful for physicskate. Sorry Casa did not mean to upset anyone by reposting, hope you all accept my apologies.

Regards,

[Casa]

No problem.