Home office Update

[sedof21lara]

Good day everyone, I don't know maybe this best place to post this. my wife will be completing her (4x30) discretional leave to remain this month but within the 120month we got married and i am British and the children are British as well. please which Form should we use for her ILR.

[zimba]

The form she uses depends on why she got Discretionary Leave. Was it because her asylum application was refused or was it due a non-asylum application being refused ??

[sedof21lara]

thanks for the reply it was due to due a non-asylum application being refused.

[zimba]

Apply using SET(O)

[sedof21lara]

Thanks for the reply but i notice that the set(o) does not have the priority service at the end .

[sedof21lara]

Please this was the email that was sent us .

You applied for leave to remain on 07 October 2022 under the Appendix FM 5-year partner route.
However we have decided that you meet the requirements of the 10-year partner route under paragraphs R-LTRP.1.1.(a), (b) and (d) of Appendix FM. You have been granted on this route under EX.1 as we are satisfied from the information you have provided that you meet the relevant eligibility and suitability requirements and you have a parental relationship with a child / children and it is not reasonable to expect that child / children to leave the United Kingdom.
Accordingly you have been granted a period of 30 months limited leave to remain on the 10-year partner route under paragraph D-LTRP.1.2. of Appendix FM.
We have decided that you do not meet the requirements for a grant of leave under the 5-year partner route under paragraphs R-LTRP.1.1.(a), (b) and (c) for the following reasons:
You have not provided evidence that you have achieved a qualification in English to level A1 of the Common European Framework of Reference for Languages as stated in Appendix O of the Immigration Rules. It is noted that none of the exceptions detailed in E-LTRP.4.1 to E-LTRP 4.2 apply in your case. You therefore fail to fulfil E-LTRP.4.1 to E-LTRP 4.2 of Appendix FM of the Immigration Rules.

please let me know ur opinion on this

[zimba]

Then why did you say she was granted discretionary leave ??? She was in fact granted leave under the 10-year family route.
Adults under the 10-year route should use the 'adult settlement' form: https://visas-immigration.service.gov.u ... t-relative

[sedof21lara]

please help to explain this question
"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? Yes or No

[zimba]

please help to explain this question
"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? Yes or No

Did your wife get this visa before you got ILR or becoming British ?

[sedof21lara]

thanks for the reply the Answer is "No"

[sedof21lara]

please i don't understand this question.
Have you had 6 years or more of discretionary leave, following refusal of a non-asylum application, at the time of submitting this application?

[zimba]

The answer is No

[sedof21lara]

Thanks for your answer.
Please are no priority service again Bcos I have been for one for over 2weeks now, I couldn't get one . please anyone know how i get one please .

[CR001]

5 day priority is only available for certain routes, ie work visa routes. Private life is not one of them.

Likely private life route doesn't have the super priority option either.

[sedof21lara]

We are considering your application for leave to remain and it has been noted you have completed 10 years continuous residency in the UK. You may therefore wish to apply for leave to remain under 10 year long residency.

Further information on the 10 year long residency route can be found at the below:

https://www.gov.uk/guidance/immigration ... -residence

If you wish to apply on the above route you would need to vary your application you would need to submit a new application, enrol new bio metrics and paying an additional fee for this new application.

If you choose to vary, a refund of the original application fee will be requested.

We would advise you contact an independent immigration advisor before you made a decision on the above.

If you wish to vary your application or remain on this route please advise via email too:

[zimba]

What did you do after that, as per advice above ?

[sedof21lara]

Thanks for the quick response. We got the email today i have not reply them yet.

[zimba]

Thanks for the quick response. We got the email today i have not reply them yet.

What application form did you use ? Which application is that ?? What did you do after the last year advice ??

[sedof21lara]

ILR on Set (o).

[zimba]

Then why did you say she was granted discretionary leave ??? She was in fact granted leave under the 10-year family route.
Adults under the 10-year route should use the 'adult settlement' form: https://visas-immigration.service.gov.u ... t-relative

I thought you varied your application last year, why did you not do that ??

[sedof21lara]

Yes i did last year when i was submitting, but I use Set(o) for the ILR, And the just got back to me about the application 2day ago. for me to vary the application for the long residency.

[zimba]

Yes i did last year when i was submitting, but I use Set(o) for the ILR, And the just got back to me about the application 2day ago. for me to vary the application for the long residency.

What is the point of advice if you do not bother to act on it ?