Hi,
My partner came in the UK on 04/12/2018 and she had an extension in 2021.
She has been in the UK over 5 years now so on that basis,.I applied for ILR but I've received the following e-mail and need some help and guidance:
Your application has been made using a Settlement – Private Life application form for Indefinite Leave to Remain, which is considered in accordance with criteria laid out in Appendix Settlement Private Life which can be viewed at:
Immigration Rules – Immigration Rules Appendix Private Life – Guidance – GOV.UK (www.gov.uk)
However, your immigration history shows that you do not currently have permission or were last granted permission on the Private Life route. You were last granted Limited leave to remain on 07/09/2021 on a Family/Partner application.
Please refer to your Home Office decision letter dated 07/09/2021 for further information.
As you do not hold any leave on the Private Life route, it is highly unlikely that your Settlement Private Life application would succeed and result in a grant of ILR.
This is in line with the validity requirements of Appendix Settlement Private Life which state:
Validity requirements for settlement on the Private Life route
PL 11.1. A person on the Private Life route who is applying for settlement must apply online on the gov.uk website on the specified form as follows:
Adult (aged 18 or over)
Settlement on the private life route
Child (aged under 18)
Settlement as a child (including a child aged over 18 already in the UK as a dependent)
PL 11.2. An application for settlement must meet all the following requirements:
(a) any fee must have been paid; and
(b) the applicant must have provided any required biometrics; and
(c) the applicant must have provided a passport or other travel document which satisfactorily establishes their identity and nationality; and
(d) the applicant must be in the UK on the date of application.
PL 11.3. An applicant must have, or have last been granted, permission on the Private Life route, unless they are a child who was born in the UK.
PL 11.4. An application which does not meet all the validity requirements for settlement on the Private Life route is invalid and may be rejected and not considered.
Accordingly, we would like to give you the opportunity to review your application. If after you have reviewed your application, you choose to submit a further application on another route, please advise us as soon as possible and this will be treated as a variation.
Please note, if you wish to vary (change) your application, you will need to submit the correct application for route you wish to apply for within 14 days 09/04/2024 pay the application fee, and resubmit your supporting documents. Once you have submitted a correct application a refund will be processed for the incorrect application.
If you choose not to have your Settlement application varied or do not reply within 14 days 09/04/2024 of the date of this email, your application may be rejected as invalid under the validity requirements above and will not be considered.
When you have a unique application number (UAN) for the new submitted application, please advise us by email at: LivsetAAHub@homeoffice.gov.uk
If you require further advice about your eligibility under the Immigration Rules, visit our website at www.gov.uk/uk-visas-immigration.
If you are unclear about your choices, you are strongly urged to consult with an accredited Immigration Adviser for further guidance.
Yours sincerely,
EO CW 3
UK Visas and Immigration
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