ILR

[Rakka23]

Hello everyone I would like your opinions regarding my refusal ILR ,

this is what Home office Reasons .

Your current annual salary is 17.210£ which is below the financial requirement. which fails to meet the requirements of E-ILRP.1.3 of Appendix FM .

Reasons you would qualify for a grant of limited leave to remain paragraph 276ADE(1) - CE
we are satisfied that you would meet the requirements of D-LTRP.1.2 OF Appendix FM .

ive been granted for 30months Limited leave to Remain in the UK.

this is what home office sent to me , if any one could help thanks .

[CR001]

The minimum financial requirment is £18,600 per annum. If you did not meet that and submit evidence of payslips and bank statements pricing it, ILR will be refused.

The grant of leave you have been given is a 10 year route to ilr, 4 X 2.5 year visas.

[Rakka23]

I Already did 5 Years , so I have to do another 5 Years or another 10 years ,

Thanks

[CR001]

Another 5 years then you can apply for ilr based on 10 years long residence.

Why did you apply for ilr if you didn't meet the financial requirements?

[Rakka23]

Well its a bit Tricky ,

when I applied for ILR last 12 months payslips was over 19000+ .

My lawyer proceded the application , but the Home office Calculated from the Date of application , Last 6 months Incomes , and 6months in future incomes which I was below 18600 ,


For ex. Today 3rd of June - Last 6 months from now and Next 6 months (which would be till December 2020)

Thats why my ILR has been refused ,

as my Wife she's not working for 2-3 years now , and she's having some health issues , do you think the hospital letters would help anything to provide in next application .

Thanks

[CR001]

Ho don't count future earnings. They only look at what your last 6 to 22 months earnings are before date of application.

What exactly did you submit and what is your earnings for the last 12 months that you claimed?

Are you employed by a company on their payroll or are you self employed?

Under what category for financial requirment did you apply?

[Rakka23]

I am Employed by company in pay roll

when I applied I sent proof of my payslips for the last 12months, which the amount of my incomes for last 12 months is 19.335£,

I though this is above the 18600 and never thought would be any issue with incomes , and when I got refused I was shocked as I didn't expect that.

[seagul]

Well its a bit Tricky ,

when I applied for ILR last 12 months payslips was over 19000+ .

1. Have you indicated/clicked on approriate option relating to category B?
2. Have you actually have earned at least £18600 during the last 12 months?
3. Have you submitted the employer letter indicating your salaried income of at least £18600 at the time of application?

If the response is yes to 2&3 then refusal is incorrect and you shouldn't accept the flrfp visa.

[Rakka23]

Yes I did everything I have provided letter from work and everything

which I have calculated my last 12 months Payslips which was above 19000

and then I received the letter from home office 17.200£ don't know how they calculated after tax probably .

[seagul]

Yes I did everything I have provided letter from work and everything

which I have calculated my last 12 months Payslips which was above 19000

and then I received the letter from home office 17.200£ don't know how they calculated after tax probably .

From time to time, miscalculations and unacquaintance about their own official guidance is part of UKVI's tradition. Don't accept their offer rather complain & challenge it.

[Rakka23]

On the letter from home office it says at the end I don't have any rights to appeal , so thats why I didn't take any actions and I left t as It is.


and on the letter it says : Thank you for your application for indifinite leave to remain , Your application has not been considered by secretary of state personally , but but by an official acting in their behalf .

[CR001]

Can you post your salary before deductions for each of the 12 months you submitted payslips for?

Did you submit the corresponding 12 months bank statements showing your salary credit into your bank?

[Rakka23]

Im trying to upload a photo of the List for last 12 months payslips but I can't if you could pm me your email adress and I can send it to you and you can have a look thanks.

[CR001]

Im trying to upload a photo of the List for last 12 months payslips but I can't if you could pm me your email adress and I can send it to you and you can have a look thanks.

Sorry, members are not permitted to post email addresses and I certainly won't ever post mine.

Simply type the month and gross salary amount and the net salary amount that was credited to your bank account.

[Rakka23]

I tried this method if doesn't work ill make it ready today the list and post it ,

these payment are Gross only .
please see on the link the photo.

[CR001]

But that is for salary in 2017/2018.

Did you submit just that schedule or the actual payslips and bank statements for each month?

When did you actually apply for ilr?

What did you submit for your ilr, which has to be the period of 6 to 12 months before date of application.

[Rakka23]

Yes thats correct , I applied for iLR in 25/07/2018 , and in the visa the expiry date is 28.05.2021

I have Sent all the past 12 months payslips before the application . and attached all bank statements for last 12 months

[CR001]

When exactly did ho refuse your ilr??

You would have been asked to pay IHS for the 30 month visa. Why didn't you challenge HO then. Why have you left it so late, too late now.

[Rakka23]

Yes they asked me to pay IHS to be granted for 30 months limited leave to remain ,

I didn't challenge because its says on the letter of home office , You will not be able to appeal this decision and you may be liable for removal from the UK.

Thats the reason why I didn't challenged ,

but is there any way to challenge or Sue home office , or it will get worse than it is

Thank you for your time & help

[CR001]

Yes they asked me to pay IHS to be granted for 30 months limited leave to remain ,

I didn't challenge because its says on the letter of home office , You will not be able to appeal this decision and you may be liable for removal from the UK.

Thats the reason why I didn't challenged ,

but is there any way to challenge or Sue home office , or it will get worse than it is

Thank you for your time & help

You can't sue the home office. Yiu can't challenge it now so long after the event. You willinging paid IHS for what they offered and accepted it. You should have responded to HO when they wrote to you and asked how they calculated your income. What is the full refusal letter wording? There must be more than what you have posted. The letter might have said something about Administrative Review.

You haven't mentioned what date your ilr was refused and you were offered FLR fp.

[Rakka23]

My ILR was refused 18 November 2018 .

here is the picture of the reason why my ILR was refused

[seagul]

My ILR was refused 18 November 2018 .

here is the picture of the reason why my ILR was refused

To meet the second part of category B you must have had earned at least £9300 during the last 6 months or 26 weeks. But unfortunately now nothing can be reversed even the miscalculations had been occurred.

[Rakka23]

okay I understand ,

I have one more Question to confirm.
at the moment this is my 3rd visa
1. 2.5 years SPOUSE VISA
2. 2.5 years SPOUSE VISA
3.2.5 years (current Limited leave to Remain)

as they said I am on 10 year Route , im gonna extend another 2.5 years and after to apply for iLR . or as I did 5 Spouse visa now I have another 10 years (10 year Route)

thanks

[CR001]

You can apply for ilr based on 10 years long residence when you reach that point.

All visas count for 10 year long residence and your qualifying clock starts from the date you entered the UK

[Rakka23]

Okay , Thanks everyone for help and advices , it was very helpful as know I know more about my situation , Many thanks to all of you