combination route FLR FP & FLR M for 10 YEAR PARTNER ROUTE for ILR

[AAZY]

thanks Zimba

not sure about this question in the form
I had visa before I met my partner and she is British born

Did you have a visa or permission as your current partner's partner before they settled (got indefinite leave to enter or remain) in the UK or became a British Citizen?

if you can help thanks

[zimba]

The answer is NO

[AAZY]

Hi, I m trying to get priority service for ILR on Adult Settlement Adult Relative for last few days
but no luck only giving me an option of Standard service

does home office offer priority service on 10 year partner route Settlement Adult Relative ?

thanks

[zimba]

Hi, I m trying to get priority service for ILR on Adult Settlement Adult Relative for last few days
but no luck only giving me an option of Standard service

does home office offer priority service on 10 year partner route Settlement Adult Relative ?

thanks

No. Private life route does not appear to have a priority option

[AAZY]

For priority service for ILR i believe my other option is Long Residence

When it comes to suitability with long residence is different to 10 year partner’s route

Suitability requirements for LR

LR 2.1. The decision maker must be satisfied that the applicant should not be refused under Part 9: grounds for refusal.

Immigration Rules Part 9 ground for Refusal


Suitability requirements apply to all routes and must be met in addition to validity and eligibility requirements.
Where this Part applies a person will not meet the suitability requirements if they fall for refusal under this Part.
9.1.1. Part 9 does not apply to the following:
(a) Appendix FM, except paragraphs 9.2.2, 9.3.2, 9.4.5, 9.9.2, 9.15.1, 9.15.2, 9.15.3, 9.16.2, 9.19.2, 9.20.1, 9.23.1 and 9.24.1. apply, and paragraph 9.7.3 applies to permission to stay; and paragraph 9.8.2 (a) and (c). applies where the application is for entry clearance; and
(b) Appendix Private Life, except paragraphs 9.6.1. and 9.6.2.; and
Involvement in a sham marriage or sham civil partnership grounds
9.6.1. An application for entry clearance, permission to enter or permission to stay may be refused where the decision maker is satisfied that it is more likely than not that the applicant is, or has been, involved in a sham marriage or sham civil partnership.
9.6.2. Entry clearance or permission held by a person may be cancelled where the decision maker is satisfied that it is more likely than not the person is, or has been, involved in a sham marriage or sham civil partnership.

My 1st question is, that in case of long residence

Will it come under FM Appendix or Appendix Private Life ?

The background for this question involves my marriage in 2012, which eventually broke down. When the Home Office requested information, I was unable to provide it, and as a result, the Home Office refused my application.
Subsequently, I reapplied in 2013 with the same partner as things had improved between us. However, my partner then left the country, and I filed for divorce. I informed the Home Office of my partner's departure and the divorce filing before they made a decision on my second application.
And home office put me on Harm Matrix B attempted to obtain leave by deception
Which i was remain unaware until i requested SAR from home office for my ILR
I believe this does not impact on 10 years partner ILR settlement as they take into account only 10 year qualifying period
but i 'm not sure if i go for long residence home office may refuse this even though this was in past 2012 - 2013
And i have granted 10 year partner route in july 2014
Can you please advise thanks

[vinny]

My 1st question is, that in case of long residence

Will it come under FM Appendix or Appendix Private Life ?

Appendix Long residence is neither Appendix FM nor Appendix Private Life.

[AAZY]

thanks understood
but what about paragraph 9 ground of refusal
LR 2.1. The decision maker must be satisfied that the applicant should not be refused under Part 9: grounds for refusal.

9.1.1. Part 9 does not apply to the following:
(a) Appendix FM, except paragraphs 9.2.2, 9.3.2, 9.4.5, 9.9.2, 9.15.1, 9.15.2, 9.15.3, 9.16.2, 9.19.2, 9.20.1, 9.23.1 and 9.24.1. apply, and paragraph 9.7.3 applies to permission to stay; and paragraph 9.8.2 (a) and (c). applies where the application is for entry clearance; and
(b) Appendix Private Life, except paragraphs 9.6.1. and 9.6.2.; and
(c) DELETED
(d) Appendix EU; and
(e) Appendix EU (Family Permit); and
(f) Paragraph DWMS 2.1, except paragraphs 9.2.1(c), 9.2.2, 9.3.1, 9.3.2, 9.4.1(b), 9.4.1(c), 9.4.2, 9.4.5, 9.7.1, 9.7.2, 9.7.3, 9.9.1, 9.9.2. 9.16.2, 9.20.1, 9.23.1, 9.24.1; and
(g) Part 11 (Asylum), except Part 9 does apply to paragraphs 352ZH to 352ZS, and 352I to 352X; and
(h) applications for entry clearance or permission to stay granted by virtue of the ECAA Association Agreement, except that in relation to permission granted under the Agreement paragraphs 9.2.2, 9.3.2, 9.4.2, 9.4.5, 9.6.2, 9.7.3 and 9.21.2 apply where the criminal offence or adverse conduct occurred after 11pm on 31 December 2020; and
(i) applications for permission to stay under Appendix ECAA Extension of Stay, except paragraphs 9.2.1, 9.3.1, 9.4.1, 9.4.3, 9.6.1, 9.7.1, 9.7.2, 9.11.1, 9.12.1 and 9.21.1, and in relation to such permission paragraphs 9.2.2, 9.3.2, 9.4.2, 9.4.5, 9.6.2, 9.7.3 and 9.21.2 apply where the criminal offence or adverse conduct occurred after 11pm on 31 December 2020; and
(j) Appendix S2 Healthcare Visitor; and
(k) Appendix Service Providers from Switzerland.
(l) Appendix Ukraine Scheme, except paragraphs 9.2.1 to 9.7.3, 9.8.1 to 9.8.8, 9.9.1 to 9.9.2, 9.10.1 to 9.10.2, 9.14.1 to 9.20.2, 9.23.1 and 9.24.1 and
(m) Appendix Settlement Protection; and
(n) Appendix Settlement Family Life, except paragraphs 9.6.1. and 9.6.2; and
(o) Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery except paragraphs 9.2.2, 9.3.2, 9.4.2, 9.4.5, 9.5.2, 9.7.3, 9.18.1, 9.20.1, 9.20.2 and 9.23.1; and
(p) Appendix Electronic Travel Authorisation; and
(q) Appendix Adult Dependent Relative, except paragraphs 9.2.2, 9.3.2, 9.4.5, 9.9.2, 9.15.1, 9.15.2, 9.15.3, 9.16.2, 9.19.2, 9.20.1, 9.23.1 and 9.24.1. apply, and paragraph 9.7.3 applies to permission to stay; and paragraph 9.8.2 (a) and (c). applies where the application is for entry clearance.
9.1.2. Part 9 applies to the following:
(a) Appendix Victim of Domestic Abuse, except paragraph 9.8.4.(a)

and there is no Appendix Long residence
is that means it applies on appendix long residence
and home office can refuse ilr application
(b) Appendix Bereaved Partner, except paragraph 9.8.4.(a)
(c) Appendix HM Armed Forces
(d) Appendix International Armed Forces and International Civilian Employees
(e) Appendix Adoption.

there is no Appendix long residence or any exception for long residence in the list
LR 2.1. The decision maker must be satisfied that the applicant should not be refused under Part 9: grounds for refusal.
so this will apply on long residence ?
and home office can refuse the application on these grounds?

[vinny]

Well spotted.

I guess this is what happens when they were tasked with simplifying the rules, but failing miserably?

Part 9 applies to other Parts (and Appendixes) when these referenced Part 9. They may have forgotten to add Appendix Long Residence in 9.1.2. when they recently created Appendix Long Residence?

IMHO, 9.1.2. (c), (d) and (e) may be redundant, if there are no exceptions to any particular sections in Part 9 that do not apply.

I wouldn’t get my hopes up that Part 9 do not apply to Appendix Long Residence when LR 2.1. and LR 10.1. referenced Part 9.

[AAZY]

If I make this simple just for my understanding if I apply on long residence

& Even though I have completed my 10 yrs as lawful residence on my current route

home office can refuse my application based on things or issues happened in the past prior to qualifying period of Long residence ?

[AAZY]

home office can refuse my application based on things or issues happened in the past even prior to qualifying period of Long residence ?

[zimba]

I noticed that you are applying under the family route rather than private life, so you should see priority options

[AAZY]

yes previously, I was applying under the family route 10 year partner settlement but cant not find priority option
and through standard can take 6 months home office does not offer priority service for 10 yr family route

that's why I m considering my other option which is long residence

hence the question is if I choose to go for Long Residence option

home office can refuse my application based on things or issues (discussed in previous post) which happened in the past even prior to qualifying period of Long residence ?

[zimba]

First of all, the priority visa service has no guarantees. So even if you manage a priority option, it does NOT mean you 100% get a decision within the priority timeframe. Your application can be held if deemed necessary, so you need to keep that in mind.

I am not sure what grounds for refusal you are worried about. I believe part 9 applies to the long residence but what part of the grounds for refusal are you worried about ??

[AAZY]

I am not sure what grounds for refusal you are worried about. I believe part 9 applies to the long residence but what part of the grounds for refusal are you worried about ??

The background for this question involves my marriage in 2012, which eventually broke down. When the Home Office requested information, I was unable to provide it, and as a result, the Home Office refused my application.
Subsequently, I reapplied in 2013 with the same partner as things had improved between us. However, my partner then left the country, and I filed for divorce. I informed the Home Office of my partner's departure and the divorce filing before they made a decision on my second application.
And home office put me on Harm Matrix B attempted to obtain leave by deception

paragraph 9 as it applies on long residence

Involvement in a sham marriage or sham civil partnership grounds
9.6.1. An application for entry clearance, permission to enter or permission to stay may be refused where the decision maker is satisfied that it is more likely than not that the applicant is, or has been, involved in a sham marriage or sham civil partnership.

9.6.2. Entry clearance or permission held by a person may be cancelled where the decision maker is satisfied that it is more likely than not the person is, or has been, involved in a sham marriage or sham civil partnership.

office can refuse my application based above even though this was prior to qualifying period of Long residence ?

[zimba]

Mandatory refusal applies only when you are applying for an entry clearance or permission to enter. Paragraph 9.8.7, sets the relevant time period to up to 10 years since the deception. After that, any refusal will be discretionary.

For permission to stay on the other hand and as per paragraph 9.8.3, the refusals are ONLY discretionary.
So if the breach happened over 10 years ago, then there is no reason why this should affect your ILR at all, unless UKVI has some other reason to refuse your ILR under part 9 of the rules.

Previous breach of immigration laws grounds
9.8.1. An application for entry clearance or permission to enter must be refused if:
(a) the applicant has previously breached immigration laws; and
(b) the application is for entry clearance or permission to enter and it was made within the relevant time period in paragraph 9.8.7.

9.8.2. An application for entry clearance or permission to enter may be refused where:
(a) the applicant has previously breached immigration laws; and
(b) the application was made outside the relevant time period in paragraph 9.8.7; and
(c) the applicant has previously contrived in a significant way to frustrate the intention of the rules, or there are other aggravating circumstances (in addition to the immigration breach), such as a failure to cooperate with the redocumentation process, such as using a false identity, or a failure to comply with enforcement processes, such as failing to report, or absconding.

9.8.3. An application for permission to stay may be refused where a person has previously failed to comply with the conditions of their permission, unless permission has been granted in the knowledge of the previous breach.

9.8.3A. Unless 9.8.1. applies, an application for entry clearance, permission to enter or permission to stay may be refused where a person used deception in relation to a previous application (whether or not successfully).

https://www.gov.uk/guidance/immigration ... or-refusal