ILR refused and fall to grant of limited leave to remain!!!

[Microlam]

Dear all,
I need someone can give me advice. my spouse visa issued from Jan 2012 is under old rules
I receive the letter from HO about my ILR application was not qualify. the reason is not meet the requirement to demonstrate "adequate maintenance under Paragraph 287(a)(V)
it means my husband income is not enough support and they satisfied that I would fall to a grant of limited leave to remain FLR(FP)and will give granted 30 months limited leave to remain in the uk.
I would like to know after this 30 months can i apply ILR again or I have to wait other 10 years because I don't really understand what exactly is FLR (FP)

my other question is can I appeal this decision because my husband he is self-employed and he has two company. when we submit the application he just provide the income from the first company to the HO because the new company is not run enough one year could not work out how much can earn on that moment. that's why I didn't provide.i just mention the new company is start running in the cover letter. last 2 months the new company already done the tax return and total income is more enough qualify the income support equivalent and i can provide the evidence now he is qualify the income support.

in this case Can I appeal and provide new matter or evidence in court?

hope anyone could give me some advice!!

[Obie]

I think you will need to challenge it, via judicial review or an appeal, as they are putting you on a different route and this is unfair.

If no appeal right, you will need to challenge it.

What is your husband's earning?

[Microlam]

hi Obie
thanks for reply and I think this is not fair too.
on the letter HO ask us to pay the immigration health surcharge within 10 days and will be granted 30 months limited leave to remain. if we do not pay that surcharge by the specified date. the limited leave to remain will be trated as invalid and I may be liable for removal from the UK.

if I going to appeal or judicial review. do i still need to pay the immigration health surcharge first and get the granted limited leave to waiting the appeal result. i just worries if i pay that charge and get the limited leave to remain means I already accept the 10 routes and no right to appeal

total income equivalent weekly amount is £292.52 and my spouses visa under old routes before july 2012

[jojybaba]

Sorry to read this news;
You can may help me as my case is similar to you.

I got british on 5 years tier 1 basis,my wife going to apply pbs to ilr tomorrow but I am scared for maintenance, although she got £3000 in her account for last 12 month s but today one immigration advisor told me to put my earning details in 5.5 page 18 bottom along with benifit details but have you put same?

My wife(ilr applicant) not claiming any benifit in her name however I do

So please help me what should I put and how HO calculate old rule maintenance?

Thanks

[Obie]

On the basis of JH(zimbabwe ) , that is the wrong approach.

It is unlawful to refuse a lawful ILR application and charge an ILR fee and then tell the applicant to pay a further fee for NHS surcharge which they don't need anyway.

If the requiremen's are unmet for ILR , then refuse it.

You must stand your grounds and don't pat it, file a PAP as you made a lawful ILR application. She has not overstated. Section 3C is applicabe.

This is totally outrage.

[Microlam]

may i ask how to appeal. what is the first step to notice this appeal case. do i need to write the letter UK Visas and immigration in sheffield?

many thx

[Obie]

may i ask how to appeal. what is the first step to notice this appeal case. do i need to write the letter UK Visas and immigration in sheffield?

many thx

I am so outraged by what they have done.

You need to challenge them with legal action.

Send a pre-action protcool to litigation hub in middlesex

[Microlam]

thanks you so much for your help and my last question is
if at the end my appeal lose and what other type of visa can she apply on that moment.
will she really need to get the 10 years routes to apply ILR at the end?

actually my son he is 4 years now but he is not born in uk but he got British citizen when he 1 years old.
any chance can she apply with parents to get ILR?