Wife - Refused Indefinit Leave to Remain

[Gazilion]

Hi,
My wife's indefinite leave to remain application was denied with no real obvious reasons but was rather given a Further Leave to Remain for 2 1/2 years. However, The HO collected the full amount of the indefinite leave to remain and we still paid an extra £500 for the IHS charge. In the letter they said, there should be no appeal.

Please, is there any how I can collect back the remainder of the money we paid for the ILR that was rather changed to FLR??

Regards
Gazilion

[CR001]

What was the reason for the refusal?

What is your wife's immigration history?

Unfortunately if an application if refused, the fee is lost, you do not get any of it back.

[CR001]

Kindly post your questions in this topic of yours on the public forum rather than PM'ing moderators for advice (note my signature below please).

As you were previously asked a number of questions and failed to answer, perhaps you could review and respond now??

[Gazilion]

What was the reason for the refusal?

What is your wife's immigration history?

Unfortunately if an application if refused, the fee is lost, you do not get any of it back.

After her application was refused, I appealed for a review through my MP and the Home office gave the following reasons for their refusal:

You do not satisfy the requirements of E-ILRP.1.3 as noted above as your last grant of leave was not under Appendix FM of the immigration rules and instead under Tier 2 Skilled Worker - Dependant Partner, you have therefore not spent sufficient time in the United Kingdom with the leave granted in the above capacity. You need to have completed 120 continuous months under Appendix FM to qualify for ILR.

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 1.2 with reference to Paragraph R-ILRP1.1 (e) of Appendix FM.

You requested a reconsideration of this decision on 31 March 2017 as you believe that your application should have been considered under part 8 of the immigration Rules for indefinite leave to remain as a spouse of a settled person rather under than Appendix FM. You claim that because you were previously granted leave to remain as a dependent of a Tier 2 migrant that you could meet paragraph 287(a)(i)(d) of the immigration Rules.

287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here; or

You were admitted to the UK and given an extension of stay as the spouse of a Relevant Points Based System Migrant (Tier 2), however you never switched and obtained leave under paragraphs 281(a)(i)(d) because you have not obtained an extension of stay under paragraphs 281 to 286 by switching into the spouse of a settled person category.

For the reasons outline 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 289 with reference to Paragraph 287(a)(i) of the immigration Rules.

Reasons you would qualify for a grant of limited leave to remain

Your application has been considered for limited leave to remain under the Immigration Rules, including the partner contained within Appendix FM.
We are satisfied that you would meet the requirements of Paragraph D-LTRP1.2

• you are not entitled to appeal this decision.

[CR001]

So presumably, she applied for ILR on form SET(M) because you held ILR or are British, even though she held a PBS Dependent visa, correct??

Why did you not apply on form SET(O) if she held a PBS Dependent visa??

What is her full 9 year UK immigration history??

[Gazilion]

So presumably, she applied for ILR on form SET(M) because you held ILR or are British, even though she held a PBS Dependent visa, correct??

Why did you not apply on form SET(O) if she held a PBS Dependent visa??

What is her full 9 year UK immigration history??

Yes, you are right. I was ignorant and believe I made a mistake by applying with a SET(M) after I got my ILR. My wife's immigration history is given below:
30 March 2010 arrived in the UK to join spouse and granted leave to enter in this capacity.
13 September 2010 applied for further leave to remain as Tier 2 Skilled Worker - Dependant Partner
18 February 2013 applied in time for FLR as Tier 2 Skilled Worker - Dependant Partner until 13th March 2016.
14th March 2016 made an application for ILR on the basis of a spouse of a settled person in the UK and was refused. However, the Home Office gave her a Leave to remain under FM for 2 1/2 years.

[CR001]

Did her last tier 2 dependent visa expire on 13th March and you only applied for ILR on 14th, after the visa had expired??

By being granted leave to remain she is now on the 10 year path, 120 months, as the letter states. Her clock for ILR based on 5 years residence reset to zero.

However, my first question above is important and hopefully it is simply a mistype and she did not apply out of time for ILR.

[Gazilion]

Did her last tier 2 dependent visa expire on 13th March and you only applied for ILR on 14th, after the visa had expired??

By being granted leave to remain she is now on the 10 year path, 120 months, as the letter states. Her clock for ILR based on 5 years residence reset to zero.

However, my first question above is important and hopefully it is simply a mistype and she did not apply out of time for ILR.

Good Morning and thanks for your replies. Greatly appreciated.

Did her last tier 2 dependent visa expire on 13th March and you only applied for ILR on 14th, after the visa had expired??

Yes please. Is this a problem seeing there was no gap in between 13th & 14th?

If she is now on the 10 year path, hope it is not counting from zero ( should this therefore include her last 9 years in the UK)?

I thought there is also a 2 year route since I already have ILR (British Citizenship)?

[CR001]

Yes please. Is this a problem seeing there was no gap in between 13th & 14th?

It isn't about a gap, it is the fact she applied after her visa expired.

If she is now on the 10 year path, hope it is not counting from zero ( should this therefore include her last 9 years in the UK)?

For 10 long residence ILR, all visas count. What date was the ILR refusal and the Limited leave to remain issued?

I thought there is also a 2 year route since I already have ILR (British Citizenship)?

She can no longer use the two year route, which was changed to a 5 year route in July 2012. Also as her current visa was issued after the rule changes for PBS dependents in April 2014, she cannot combine the different categories (tier 2 dependent and current visa) for ILR based on 5 years residence either.

[Gazilion]

Yes please. Is this a problem seeing there was no gap in between 13th & 14th?

It isn't about a gap, it is the fact she applied after her visa expired.

If she is now on the 10 year path, hope it is not counting from zero ( should this therefore include her last 9 years in the UK)?

For 10 long residence ILR, all visas count. What date was the ILR refusal and the Limited leave to remain issued?

I thought there is also a 2 year route since I already have ILR (British Citizenship)?

She can no longer use the two year route, which was changed to a 5 year route in July 2012. Also as her current visa was issued after the rule changes for PBS dependents in April 2014, she cannot combine the different categories (tier 2 dependent and current visa) for ILR based on 5 years residence either.

Her application was sent on the 11th March (Friday) but seem it didn't get t them until the 14th (Monday). Would this affect the 10 year rule? The Home office would be unreasonably harsh in my opinion should they use this against her application.

The ILR refusal was on the 31st August 2016 while Leave to Remain was granted same day too.

[CR001]

Her application was sent on the 11th March (Friday) but seem it didn't get t them until the 14th (Monday). The Home office would be unreasonably harsh in my opinion should they use this against her application.

The ILR refusal was on the 31st August 2016 while Leave to Remain was granted same day too.

Date of posting is the date of application so her section 3C protection remains in place until HO make a decision on the pending application, so no break in residence or period of overstay. Do you by any chance have a proof of postage receipt??

[Gazilion]

Her application was sent on the 11th March (Friday) but seem it didn't get t them until the 14th (Monday). The Home office would be unreasonably harsh in my opinion should they use this against her application.

The ILR refusal was on the 31st August 2016 while Leave to Remain was granted same day too.

Date of posting is the date of application so her section 3C protection remains in place until HO make a decision on the pending application, so no break in residence or period of overstay. Do you by any chance have a proof of postage receipt??

Yes, I believe I should still have it (fingers crossed). Also in the reply to my re-consideration letter they did admit the application was made on the 11th March but in the first letter of refusal they stated 14th March, hence my confusion.

Finally, can I say that the best option is to apply for FLR as a spouse (dependant of someone settled in the UK) and after one year (clocking 10 years in the UK), we can then apply for the ILR on the 10 year route?

[CR001]

Finally, can I say that the best option is to apply for FLR as a spouse (dependant of someone settled in the UK) and after one year (clocking 10 years in the UK), we can then apply for the ILR on the 10 year route?

Yes, provided she meets all the requirements for ILR based on 10 years long residence.

[Gazilion]

Finally, can I say that the best option is to apply for FLR as a spouse (dependant of someone settled in the UK) and after one year (clocking 10 years in the UK), we can then apply for the ILR on the 10 year route?

Yes, provided she meets all the requirements for ILR based on 10 years long residence.

Thanks so much. I appreciate your time and help. To avoid the initial painful mistake of applying with the wrong form, can I still use the SET(M) to apply for further leave to remain as a FM?

Please, which form is used for apply for the 10 years long residence route.

[CR001]

Thanks so much. I appreciate your time and help. To avoid the initial painful mistake of applying with the wrong form, can I still use the SET(M) to apply for further leave to remain as a FM?

Set M is only for ILR. For visa extension it is either FLR(M) or FLR(FP). Think the latter in your case.

Please, which form is used for apply for the 10 years long residence route.

Set LR.

[Gazilion]

Thanks so much. I appreciate your time and help. To avoid the initial painful mistake of applying with the wrong form, can I still use the SET(M) to apply for further leave to remain as a FM?

Set M is only for ILR. For visa extension it is either FLR(M) or FLR(FP). Think the latter in your case.

Please, which form is used for apply for the 10 years long residence route.

Set LR.

Thank you!
Thank you!! and
Thank you!!!

[CR001]

If you meet the English and financial requirements, FLR(M) can be used.

[Gazilion]

Hi, I have finished filling the form. I reverted to the FLR(M) form. However, I just noticed that my wife's English Language Trinity College Certificate is over 2 years old. Please will this be an issue? I met the financial requirements.

[CULLINAN]

Hi, I have finished filling the form. I reverted to the FLR(M) form. However, I just noticed that my wife's English Language Trinity College Certificate is over 2 years old. Please will this be an issue? I met the financial requirements.

“If your qualification has run out
Some recognised test qualifications only last for 2 years. You can still use a B1 level qualification that you took more than 2 years ago in 2 situations”

“Applying to settle in the UK
You can use a B1 level qualification that’s run out if both of the following are true:

it’s on the current list of recognised tests
it was accepted for another UK immigration application, for example when you got permission to enter”

https://www.gov.uk/english-language/app ... ifications

[Gazilion]

Thanks for your time. Greatly appreciated.
It's B1 certificate from Trinity College. I just checked the link you supplied and it's still in the list of recognised tests.

[CULLINAN]

Thanks for your time. Greatly appreciated.
It's B1 certificate from Trinity College. I just checked the link you supplied and it's still in the list of recognised tests.

Was it accepted for another UK immigration application, for example when you got permission to enter?

[Gazilion]

She didn't need evidence of English to enter the UK. She got the B1 certificate when she applied for ILR but the application was refused because I used the wrong form and she was instead granted a FLR as the spouse of someone settled in the UK.

[Gazilion]

Applicant - original passport if you are NOT using the new UKCVAS service.

British spouse - copy of the passport is sufficient if you are not using the new UKCVAS service.

Thanks. I've submitted the online application a few minutes ago. I searched and see the answer for the above. Please, to avoid the confusion, I read elsewhere, do I provide only the photo page details or every single page of the passport need to be photocopied?

[CULLINAN]

Applicant - original passport if you are NOT using the new UKCVAS service.

British spouse - copy of the passport is sufficient if you are not using the new UKCVAS service.

Thanks. I've submitted the online application a few minutes ago. I searched and see the answer for the above. Please, to avoid the confusion, I read elsewhere, do I provide only the photo page details or every single page of the passport need to be photocopied?

Applicant’s full passport pages including the blank ones.

Spouse British Passport’s bio page is enough