ILR Refused, Applied too early

[matyana]

Hi There
I wonder if someone can help me in this situation. My wife´s ILR was refused (last week) via In Person Appointment at Croydon office.

Her status details;
Dependent of settled person/British citizen
first visa issued: 13 May 2013
first time entered UK: 3 Aug 2013
subsequent Visa extension: 8 Feb 2016 (expiry of current visa 27 Aug 2018)

I calculated her 5 years from 13 May 2013, starting point being her Visa issue date. Home Office said it is from date of entry i.e. from 3 Aug 2013. I argued that rule allows exception if a person travels with in 90 Days of visa issue date (i.e. 13 May 2013), such period is classed as allowable absence. Home Office guy said they do not apply this rule to marriage visa application, that rule is only for Point Based categories.
Upon which i asked to show me a rule which confirms what they are saying i.e. it starts from 3 Aug 2013. At that point they said it is not written clearly anywhere but this is how they treat marriage visa application.
Anyway, Home Office refused her ILR, however they offered her 30 Months extension (under 10 yeas route), which of course we refused to accept as we will be re-applying for ILR in July18. They also refused to refund the fee, neither wanted to hold the application until July, nor any other help!

Since then i have spoken to few solicitors to seek some help, one of them said that Home Office has changed the rules for marriage visa since they started issuing BRP card on entry clearance. But i am little bit confused now, whether the existing applicants are subject different rules?
Anyway, Does anyone know anything about these rules or any help would be much appriciated?

Thansk & Regards

[Casa]

The SET(M) application form states:
"Family life as a partner (5 year route - you were last granted 30 months limited leave as a partner under Appendix FM and have completed at least 60 months with such leave)!

[matyana]

Thanks Casa
Are you referring to the word ´completing 60 months´ as if someone has to actually enter and spend time in the UK? because if this is how it is stated as a rule, then applying 28 days before 5 years completion would also reduce the 60 months Time period down to 59 months + any other absences will reduce it further?
regards

[Casa]

Applying 28 days prior to the qualifying date is a permitted 'concession period'. Other absences during the 60 months are also permitted while on a spouse visa and aren't deducted from the qualifying period, unlike those under the new Rules for PBS Dependants.

[matyana]

yes, that is my point actually, so any holidays are permitted during 60 months period because the person is deemed to be in the UK? And I think same principle applies to the period i.e. time from the issue of Visa and time when you physically enter UK (if your entered UK with in 90 days)?

[Casa]

yes, that is my point actually, so any holidays are permitted during 60 months period because the person is deemed to be in the UK? And I think same principle applies to the period i.e. time from the issue of Visa and time when you physically enter UK (if your entered UK with in 90 days)?

Not for a spouse visa. The 60 months residence in the UK is calculated from the date of entry.

[matyana]

Thank you Casa

[Casa]

Thank you Casa

You're welcome. I'm sorry it wasn't the advice you were hoping to be given, but at least you can now look to the way forward.

[mrsabih]

Hi There
I wonder if someone can help me in this situation. My wife´s ILR was refused (last week) via In Person Appointment at Croydon office.

Her status details;
Dependent of settled person/British citizen
first visa issued: 13 May 2013
first time entered UK: 3 Aug 2013
subsequent Visa extension: 8 Feb 2016 (expiry of current visa 27 Aug 2018)

I calculated her 5 years from 13 May 2013, starting point being her Visa issue date. Home Office said it is from date of entry i.e. from 3 Aug 2013. I argued that rule allows exception if a person travels with in 90 Days of visa issue date (i.e. 13 May 2013), such period is classed as allowable absence. Home Office guy said they do not apply this rule to marriage visa application, that rule is only for Point Based categories.
Upon which i asked to show me a rule which confirms what they are saying i.e. it starts from 3 Aug 2013. At that point they said it is not written clearly anywhere but this is how they treat marriage visa application.
Anyway, Home Office refused her ILR, however they offered her 30 Months extension (under 10 yeas route), which of course we refused to accept as we will be re-applying for ILR in July18. They also refused to refund the fee, neither wanted to hold the application until July, nor any other help!

Since then i have spoken to few solicitors to seek some help, one of them said that Home Office has changed the rules for marriage visa since they started issuing BRP card on entry clearance. But i am little bit confused now, whether the existing applicants are subject different rules?
Anyway, Does anyone know anything about these rules or any help would be much appriciated?

Thansk & Regards

home office is very clever to try to put peoples on 10 yea route how they can do that i cant beleive it
you did right thing to refuse to go on 10 year route

[cyclina1]

Hi There
I wonder if someone can help me in this situation. My wife´s ILR was refused (last week) via In Person Appointment at Croydon office.

Her status details;
Dependent of settled person/British citizen
first visa issued: 13 May 2013
first time entered UK: 3 Aug 2013
subsequent Visa extension: 8 Feb 2016 (expiry of current visa 27 Aug 2018)

I calculated her 5 years from 13 May 2013, starting point being her Visa issue date. Home Office said it is from date of entry i.e. from 3 Aug 2013. I argued that rule allows exception if a person travels with in 90 Days of visa issue date (i.e. 13 May 2013), such period is classed as allowable absence. Home Office guy said they do not apply this rule to marriage visa application, that rule is only for Point Based categories.
Upon which i asked to show me a rule which confirms what they are saying i.e. it starts from 3 Aug 2013. At that point they said it is not written clearly anywhere but this is how they treat marriage visa application.
Anyway, Home Office refused her ILR, however they offered her 30 Months extension (under 10 yeas route), which of course we refused to accept as we will be re-applying for ILR in July18. They also refused to refund the fee, neither wanted to hold the application until July, nor any other help!

Since then i have spoken to few solicitors to seek some help, one of them said that Home Office has changed the rules for marriage visa since they started issuing BRP card on entry clearance. But i am little bit confused now, whether the existing applicants are subject different rules?
Anyway, Does anyone know anything about these rules or any help would be much appriciated?

Thansk & Regards

home office is very clever to try to put peoples on 10 yea route how they can do that i cant beleive it
you did right thing to refuse to go on 10 year route

the attitude of the HO is very clear. They are trying to push people away. As always, I can't believe how the government can justify to take such huge sum from a person who just made such a minor mistake..... this money could be life changing to many family which may just making their end meets. anyway, We may expect the next huge increase of application fee because of Windrush scandal. obviously the HO can't charge them a huge sum and you know who will be paying their bills...... As what they always said: this is only right that the person who use the system should pay for it.

[matyana]

Thansk Guys for your input, And yes, it was very clear how hard they tried and wanted us to change our route to 10 years. In fact they said they were doing a good thing to us by offering us 30 months extension rather refusing.
thanks all

[Mazzoni]

Hi @Matyana
I have a similar experience and was confused by issue and entry dates.Finally my application was rejected due to applying too early(19 days)
Could you please update us to what happend in your case?

[Casa]

[quote=Mazzoni post_id=1746710 time=1550944855 user_id=213162]
Hi @Matyana
I have a similar experience and was confused by issue and entry dates.Finally my application was rejected due to applying too early(19 days)
Could you please update us to what happend in your case?]

Matyana only posted 5 times on the forum and hasn't visited since May 2018.