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spouse ilr not given plz help

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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jevan
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spouse ilr not given plz help

Post by jevan » Mon Jul 07, 2014 4:36 am

dears all
i got ilr in jan 14 on long residency .my wife came in 04.2011 as tier 1 partner as i was tier 1 genral visa at tht time.she spent 3 years in uk with me.i applied for her ilr last week as she lived nearly 3 years as partner.but they refused to give ilr as 6 april rule changed .so they gave Flr m visa for 2.5 years .now my question is will my wife eligibile after 2 more years spouse completing 5 years.including her tier 1 partner visa starting from 04.2011.i mean in 5 years rule will they calculate her tier 1 partner entry clearance visa of 2011

aravindb4u
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Posts: 184
Joined: Wed Dec 15, 2010 5:59 pm

Re: spouse ilr not given plz help

Post by aravindb4u » Mon Jul 07, 2014 11:23 am

Hi mate,

As far as I know, if your wife is with you as dependant for 2 years (given that your wife entered as dependant on Apr 2011, so still old rules of 2 years apply), she should be eligible for ILR.

I dont see why her ILR was rejected? She entered in Apr 2011, so still old rules of 2 years apply, unless I am missing anything?

Any body can clarify? gurus?

aravindb4u
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Posts: 184
Joined: Wed Dec 15, 2010 5:59 pm

Re: spouse ilr not given plz help

Post by aravindb4u » Mon Jul 07, 2014 11:27 am

Oh just found this....

http://www.immigrationboards.com/indefi ... 86417.html

Tough luck mate

nadeem toheed
Member
Posts: 140
Joined: Sat Jan 19, 2013 2:48 pm

Re: spouse ilr not given plz help

Post by nadeem toheed » Mon Jul 07, 2014 12:08 pm

jevan wrote:dears all
i got ilr in jan 14 on long residency .my wife came in 04.2011 as tier 1 partner as i was tier 1 genral visa at tht time.she spent 3 years in uk with me.i applied for her ilr last week as she lived nearly 3 years as partner.but they refused to give ilr as 6 april rule changed .so they gave Flr m visa for 2.5 years .now my question is will my wife eligibile after 2 more years spouse completing 5 years.including her tier 1 partner visa starting from 04.2011.i mean in 5 years rule will they calculate her tier 1 partner entry clearance visa of 2011
Hi
This is 3rd example what i know
As i've been to PEO Croydon last week for my wife ILR(SET m) and initially they were not ready to grant us but after having a hard debate with case worker lastly they grant ILR
but the message to convey is , Home Office trying to put the track on 5 years route
Nadeem

jevan
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Posts: 8
Joined: Mon Jul 07, 2014 4:12 am

Re: spouse ilr not given plz help

Post by jevan » Mon Jul 07, 2014 2:29 pm

nadeem toheed wrote:
jevan wrote:dears all
i got ilr in jan 14 on long residency .my wife came in 04.2011 as tier 1 partner as i was tier 1 genral visa at tht time.she spent 3 years in uk with me.i applied for her ilr last week as she lived nearly 3 years as partner.but they refused to give ilr as 6 april rule changed .so they gave Flr m visa for 2.5 years .now my question is will my wife eligibile after 2 more years spouse completing 5 years.including her tier 1 partner visa starting from 04.2011.i mean in 5 years rule will they calculate her tier 1 partner entry clearance visa of 2011
Hi
This is 3rd example what i know
As i've been to PEO Croydon last week for my wife ILR(SET m) and initially they were not ready to grant us but after having a hard debate with case worker lastly they grant ILR
but the message to convey is , Home Office trying to put the track on 5 years route
Nadeem

to be honest with u i had hard debate with case worker.she said hold on i go snd ask manager inside.she came back and said rules changed on 6 april 14.i said read part 8 of immigration rule.she went in csme back with same argument.so i decided to take flr m 2.5 yrs visa instead loosing 1493 pounds.now could any one answer my question that .whn is my wife due for ilr.

nadeem toheed
Member
Posts: 140
Joined: Sat Jan 19, 2013 2:48 pm

Re: spouse ilr not given plz help

Post by nadeem toheed » Mon Jul 07, 2014 2:50 pm

jevan wrote:
nadeem toheed wrote:
jevan wrote:dears all
i got ilr in jan 14 on long residency .my wife came in 04.2011 as tier 1 partner as i was tier 1 genral visa at tht time.she spent 3 years in uk with me.i applied for her ilr last week as she lived nearly 3 years as partner.but they refused to give ilr as 6 april rule changed .so they gave Flr m visa for 2.5 years .now my question is will my wife eligibile after 2 more years spouse completing 5 years.including her tier 1 partner visa starting from 04.2011.i mean in 5 years rule will they calculate her tier 1 partner entry clearance visa of 2011
Hi
This is 3rd example what i know
As i've been to PEO Croydon last week for my wife ILR(SET m) and initially they were not ready to grant us but after having a hard debate with case worker lastly they grant ILR
but the message to convey is , Home Office trying to put the track on 5 years route
Nadeem
to be honest with u i had hard debate with case worker.she said hold on i go snd ask manager inside.she came back and said rules changed on 6 april 14.i said read part 8 of immigration rule.she went in csme back with same argument.so i decided to take flr m 2.5 yrs visa instead loosing 1493 pounds.now could any one answer my question that .whn is my wife due for ilr.
Hi Jevan,
What i understand is, now once you get 2.5 years so you fall in 5 years route and need to complete full session as the clock starts now
Jevan, case worker gave me two option , either to withdraw a case or she will refuse the case but i said to her, okay in case of refusal (as i have a time on my visa till Sep 2015) i will go for judicial review so i think it worked
Nadeem

Amber
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Re: spouse ilr not given plz help

Post by Amber » Mon Jul 07, 2014 3:25 pm

5 years after being granted FLR(M), I'm afraid.
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jevan
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Re: spouse ilr not given plz help

Post by jevan » Mon Jul 07, 2014 10:27 pm

thanks

can i take my decsion to judiciary review if so how.i think the case worker mis lead me and they have taken 1493 pounds set M fee not refunded any amount and gave visa flr m which fee is 600 i beleive

jevan
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Re: spouse ilr not given plz help

Post by jevan » Mon Jul 07, 2014 10:31 pm

[quote="Amber_"]5 years after being granted FLR(M), I'm afraid.[/quot


so they wont consider the period since 2011

Amber
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Re: spouse ilr not given plz help

Post by Amber » Tue Jul 08, 2014 7:12 am

You may apply for JR if you believe they have acted ultra vires, within the time limit. No, you can't combine leave under Appendix FM with PBS dep leave.
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nadeem toheed
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Re: spouse ilr not given plz help

Post by nadeem toheed » Tue Jul 08, 2014 6:10 pm

jevan wrote:thanks

can i take my decsion to judiciary review if so how.i think the case worker mis lead me and they have taken 1493 pounds set M fee not refunded any amount and gave visa flr m which fee is 600 i beleive
Hi Jevan
Its entirley up to you but if i was on your place than i definately go for JR (its my opinion) coz i was saying to case worker when i was arguing with her ,
its better to use options instead for 5 years spouse visa
Good luck for future
Nadeem

jevan
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Posts: 8
Joined: Mon Jul 07, 2014 4:12 am

Re: spouse ilr not given plz help

Post by jevan » Wed Jul 09, 2014 4:25 pm

nadeem toheed wrote:
jevan wrote:thanks

can i take my decsion to judiciary review if so how.i think the case worker mis lead me and they have taken 1493 pounds set M fee not refunded any amount and gave visa flr m which fee is 600 i beleive
Hi Jevan
Its entirley up to you but if i was on your place than i definately go for JR (its my opinion) coz i was saying to case worker when i was arguing with her ,
its better to use options instead for 5 years spouse visa
Good luck for future
Nadeem

hi all
just a quick one.now wife is on 5 yr route ignoring past 3.5 years spent as tier 1partner visa.could any one tell what kind of benefits i can take which cannot affect my wife next extension after 2.5 yrs.we got child british citizen also we living on private rent

nadeem toheed
Member
Posts: 140
Joined: Sat Jan 19, 2013 2:48 pm

Re: spouse ilr not given plz help

Post by nadeem toheed » Wed Jul 09, 2014 4:59 pm

jevan wrote:
nadeem toheed wrote:
jevan wrote:thanks

can i take my decsion to judiciary review if so how.i think the case worker mis lead me and they have taken 1493 pounds set M fee not refunded any amount and gave visa flr m which fee is 600 i beleive
Hi Jevan
Its entirley up to you but if i was on your place than i definately go for JR (its my opinion) coz i was saying to case worker when i was arguing with her ,
its better to use options instead for 5 years spouse visa
Good luck for future
Nadeem

hi all
just a quick one.now wife is on 5 yr route ignoring past 3.5 years spent as tier 1partner visa.could any one tell what kind of benefits i can take which cannot affect my wife next extension after 2.5 yrs.we got child british citizen also we living on private rent
Hi Jevan,
I know, one of my friend who got smilar problem, initially the Home office issued a 2.5 years visa to his spouse but after that he went to home office again with covering letter and Home office grant a ILR
if you need, i can give you the details
Nadeem

jevan
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Posts: 8
Joined: Mon Jul 07, 2014 4:12 am

Re: spouse ilr not given plz help

Post by jevan » Wed Jul 09, 2014 5:58 pm

Hi Jevan,
I know, one of my friend who got smilar problem, initially the Home office issued a 2.5 years visa to his spouse but after that he went to home office again with covering letter and Home office grant a ILR
if you need, i can give you the details
Nadeem[/quote]


yes please give me details .it will helpful.also i went to HO again yesterday asked them to satisfy me howcome she is not eligibile for ilr and i asked them to send me written proof on wht grounds or rules she is not eligible.

nadeem toheed
Member
Posts: 140
Joined: Sat Jan 19, 2013 2:48 pm

Re: spouse ilr not given plz help

Post by nadeem toheed » Wed Jul 09, 2014 6:16 pm

jevan wrote:Hi Jevan,
I know, one of my friend who got smilar problem, initially the Home office issued a 2.5 years visa to his spouse but after that he went to home office again with covering letter and Home office grant a ILR
if you need, i can give you the details
Nadeem

yes please give me details .it will helpful.also i went to HO again yesterday asked them to satisfy me howcome she is not eligibile for ilr and i asked them to send me written proof on wht grounds or rules she is not eligible.[/quote]
Hi
Just let me know please,
did you apply your FLR(m) before April 2014? or you straight gone for ILR for your wife?
Nadeem

jevan
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Posts: 8
Joined: Mon Jul 07, 2014 4:12 am

Re: spouse ilr not given plz help

Post by jevan » Wed Jul 09, 2014 7:20 pm

nadeem toheed wrote:
jevan wrote:Hi Jevan,
I know, one of my friend who got smilar problem, initially the Home office issued a 2.5 years visa to his spouse but after that he went to home office again with covering letter and Home office grant a ILR
if you need, i can give you the details
Nadeem

yes please give me details .it will helpful.also i went to HO again yesterday asked them to satisfy me howcome she is not eligibile for ilr and i asked them to send me written proof on wht grounds or rules she is not eligible.
Hi
Just let me know please,
did you apply your FLR(m) before April 2014? or you straight gone for ILR for your wife?
Nadeem[/quote]


i went for ilr 14 june 2014 peo but they didnt take application and instead gave me flr m form to fill on same day and issued spouse visa for 2.5 yrs

jevan
Newly Registered
Posts: 8
Joined: Mon Jul 07, 2014 4:12 am

Re: spouse ilr not given plz help

Post by jevan » Wed Jul 09, 2014 7:29 pm

jevan wrote:
nadeem toheed wrote:
jevan wrote:Hi Jevan,
I know, one of my friend who got smilar problem, initially the Home office issued a 2.5 years visa to his spouse but after that he went to home office again with covering letter and Home office grant a ILR
if you need, i can give you the details
Nadeem

yes please give me details .it will helpful.also i went to HO again yesterday asked them to satisfy me howcome she is not eligibile for ilr and i asked them to send me written proof on wht grounds or rules she is not eligible.
Hi
Just let me know please,
did you apply your FLR(m) before April 2014? or you straight gone for ILR for your wife?
Nadeem

i went for ilr 14 june 2014 peo but they didnt take application and instead gave me flr m form to fill on same day and issued spouse visa for 2.5 yrs[/quote]


yes it was first flr m ever applied on 14 june 14 be
fore it wss tier 1 partner since 2011

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