ILR Premium Application

[props77]

Hello Everyone

I just wanted to check advice with anyone what to expect from my wives ILR Application

She arrived in UK on Fiance VISA November 2013
She got Spouse VISA March 2014 (5 year route)

She applied for ILR in January and then went to the premium centre on 30th to do fingerprints etc and they told her she would know within 24 hours. 24 hours later she gets an email from UKBA to say "I am pleased to confirm a decision has been made and you should receive a letter soon to confirm the decision"

1 day later she gets a phone call from the home office to say she applied too early and they offered her 2 options, to proceed with application at 10 year route as to which they will allow the early application, or they can hold the application until its within 28 days and process it from there instead. She said she wants to go for ILR and they said this is fine they will hold until then and she doesnt need to do anything else. They did say a letter was on its way to her which is automatically generated and to just ignore it as application is on hold for now.

She applied thinking she met her guidelines as 60 months had passed from November 2013 when she entered the UK but the guy on the phone said it has to be 60 months on the spouse VISA.

This has obviously concerned us and were wondering despite them saying they will hold this and come back to it is it likely they will still refuse VISA as we applied too early? We have to wait another 3 weeks before they look at it and I have a feeling its going to be the longest 3 weeks ever

Thanks in advance

[CR001]

HO is correct. Fiance visa doesn't count for 5 year ILR. Only the time on spouse visa counts.

You are lucky they will hold it till her qualifying time though. A bit of a wait but surely worth it.

[props77]

Hi CR001

Thanks for your reply, yes we are relieved as I have since heard they can be outright refused for too early application. Hoping we just got lucky with a leniant case worker. We're confident enough all documents check out, its just now hoping they dont refuse for this early application

[bsc2007]

She got Spouse VISA March 2014 (5 year route)

Just out of curiosity - what date in March 2014?

[props77]

Hi BSC, date is 22nd March

[bsc2007]

So she is eligible on 22-Feb-2019. Lucky you that the case-worker considered that it's just 3 weeks.

Best wishes!

[props77]

So she is eligible on 22-Feb-2019. Lucky you that the case-worker considered that it's just 3 weeks.

Best wishes!

Thanks mate, heres hoping we got lucky. Would like to think if they were going to refuse us for early application they would have done it there and then, not counting my chickens just yet though. Fingers and toes crossed til then

[props77]

Update on this one

We got the so called automatically generated letter yesterday (which the gentleman did say for us to ignore) to say your ILR application has been refused because you applied too early. It did say we qualify for 10 year route and if surcharge of £1000 is paid they will accept this. We have until 13th February to accept the 10 year offer. We expect to hear back on the ILR application after 21st Feb. Although we knew we were getting this letter it has made us feel uneasy especially with the wording saying you may be removed if you don’t accept the 10 year route or something to that effect. The letter did state the only reason we cannot be considered is we applied too early which suggests to me all documentation we supplied checked out.
This has us thinking now should we go for the 10 year route as they will accept this for peace of mind or would we better waiting until hearing back on 21st when the 10 year offer has expired? The only fear is refusal again in which case we would probably have to reapply but would reapplying having been rejected once give us a lesser chance of being accepted?

Any advice would be much appreciated

Thanks

[props77]

Update on this one

We just got a letter saying as you have not come back to us to pay surcharge on 10 year route we are treating your application as invalid and you can not appeal. Automatically generated or not we are giving up on the false hope of a good case worker taking over our application. It seems an expensive mistake has been made and am going to reapply with legal help. We are done trusting the HO. So disappointed they would do this. Has anyone ever used third party weblink removed by moderator

[Jojo19]

Update on this one

We just got a letter saying as you have not come back to us to pay surcharge on 10 year route we are treating your application as invalid and you can not appeal. Automatically generated or not we are giving up on the false hope of a good case worker taking over our application. It seems an expensive mistake has been made and am going to reapply with legal help. We are done trusting the HO. So disappointed they would do this. Has anyone ever used third party weblink removed by moderator

How did it go? Any updates

[props77]

Hi Jo

No major update. We asked our MP to clarify the status of our application and he was very little help, didnt seem bothered and said he will check with Home Office but dont expect a quick reply. We have a meeting with our solicitor next week to discuss our options. Because of the silence of the Home Office it looks like reapplying and taking the hit on the fee is the only option as time is running out.

[Jojo19]

Oh wow.

In the same shoes as well and I have until today to pay the fee. My letter said 500 pounds but on getting to the website it is 1000pounds.

I was refused for applhing early and being forced down the 10 years route. I’m thinking of doing a judicial review because I believe the decision was unfair. I was refused on the day I lawfully completed the 60 months and no discretion was given.

[props77]

Have you had a refusal letter for ILR (not refusal for LLR as I have above) We were informed by an adviser that going by this letter they have only refused our LLR and could still be considering our ILR as we were told by a case worker he would look at it again when it was within the correct time frame, we havent heard anything back and arent taking chances at this stage so this is why we are going down the solicitor route. Our local MP has been no help but on looking into him, he is very anti immigration so we didnt expect much

Best of luck on your application by the way! Hope it ends in good news

[Jojo19]

Have you had a refusal letter for ILR (not refusal for LLR as I have above) We were informed by an adviser that going by this letter they have only refused our LLR and could still be considering our ILR as we were told by a case worker he would look at it again when it was within the correct time frame, we havent heard anything back and arent taking chances at this stage so this is why we are going down the solicitor route. Our local MP has been no help but on looking into him, he is very anti immigration so we didnt expect much

Best of luck on your application by the way! Hope it ends in good news

Yes refusal letter was for ILR due to early application and offered LLR provided I pay the 1HS fee

[props77]

Just to update on this, my wife heard nothing back from the home office so reapplied and done the PSC appointment today with biometrics, applied online 12/3. A few hours after PSC appt we got email stating ILR has been granted awaiting BRP docs etc. We are over the moon its kind of been sorted despite having to pay twice, now our MP wants to challenge the original fee we paid. Worth a try I suppose even if more in hope than expectation. On a side note with her Biometrics appointment today we were a tad apprehensive as it was past her expiry date (online submission was 12/3) but it seems they considered her application date as the date she applied and submitted documents online. Just thought that might be useful info for someone out there reading as the guidelines are clear as mud