ILR refused because of E-ILRP.1.3.

[amirhazz]

Hi,

my wife came to the UK in 2013 in a spouse visa and we applied for IRL in august 2018 after 5 years or 50 months but we received a letter today saying she is refused because of E-ILRP.1.3:

As you have only previously been granted 60 months of leave to remain on the basis as a parent under paragraph D-LTRP.1.2, you fail to meet the requirement of E-ILRP.1.3 of Appendix FM. In order to qualify for settlement you must have completed a continuous period of at least 120 months in the route that you were last granted under.

As you do not meet the above eligibility requirement your application for ILR is refused under paragraph D-ILRP.1.3 of the Immigration Rules

But I do not understand somewhere in the letter they said:

E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:

(a) at least 60 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);

She is here for 6 years or more than 60 months why they refused her application and granted limited leave to remain again.

Any idea why because I do not understand this.
Thanks in advanced.

[CR001]

You need to list her full UK immigration history, including all application, visa start and end dates and the type of application or form she used to apply.

[amirhazz]

Thanks for the reply but they already know that.

They have listed it themselves

• On the 10 October 2013 you were granted entry clearance as spouse

• On 31 May 2016 you were granted leave to remain from 29 September 2016 to 29 March 2019 as spouse

• You applied for spouse of settled person ILR on 7 August 2018

does this help?

[amirhazz]

Hi,

my wife came to the UK in 2013 in a spouse visa and we applied for IRL in august 2018 after 5 years or 50 months but we received a letter today saying she is refused because of E-ILRP.1.3:

As you have only previously been granted 60 months of leave to remain on the basis as a parent under paragraph D-LTRP.1.2, you fail to meet the requirement of E-ILRP.1.3 of Appendix FM. In order to qualify for settlement you must have completed a continuous period of at least 120 months in the route that you were last granted under.

As you do not meet the above eligibility requirement your application for ILR is refused under paragraph D-ILRP.1.3 of the Immigration Rules

But I do not understand somewhere in the letter they said:

E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:

(a) at least 60 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a parent granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a parent granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);

She is here for 6 years or more than 60 months why they refused her application and granted limited leave to remain again. Also what is "as a parent" i think they meant partner but is this showing they are wrong or they did not consider the application properly?

Any idea why because I do not understand this.
Thanks in advanced.

[aman90]

Hi,

my wife came to the UK in 2013 in a spouse visa and we applied for IRL in august 2018 after 5 years or 50 months but we received a letter today saying she is refused because of E-ILRP.1.3:

As you have only previously been granted 60 months of leave to remain on the basis as a parent under paragraph D-LTRP.1.2, you fail to meet the requirement of E-ILRP.1.3 of Appendix FM. In order to qualify for settlement you must have completed a continuous period of at least 120 months in the route that you were last granted under.

As you do not meet the above eligibility requirement your application for ILR is refused under paragraph D-ILRP.1.3 of the Immigration Rules

But I do not understand somewhere in the letter they said:

E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:

(a) at least 60 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a parent granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a parent granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);

She is here for 6 years or more than 60 months why they refused her application and granted limited leave to remain again. Also what is "as a parent" i think they meant partner but is this showing they are wrong or they did not consider the application properly?

Any idea why because I do not understand this.
Thanks in advanced.

Seems likely. You could appeal.
But you could still for the benefit of this forum state the immigration history as advised.

[CR001]

On 31 May 2016 you were granted leave to remain from 29 September 2016 to 29 March 2019 as spouse

What application form was used for this application??

Which application form did you use for ILR?

[amirhazz]

Thanks guys,

We applied online but I am sure it was form SET(M) because they already mentioned we have applied for ILR.

I have written a letter to the home office in manchester, the place they sent the letter from and asked for reconsideration and highlighted their mistake.

In the letter they also written parent not partner. I am sure thay made a mistake.

here is another link which i found similar to my case:

weblink removed by moderator

[amirhazz]

Immigration History:

On the 10 October 2013 you were granted entry clearance as spouse
On 31 May 2016 you were granted leave to remain from 29 September 2016 to 29 March 2019 as spouse
You applied for spouse of settled person ILR on 7 August 2018

Seems likely. You could appeal.
But you could still for the benefit of this forum state the immigration history as advised.

[CR001]

Immigration History:

On the 10 October 2013 you were granted entry clearance as spouse
On 31 May 2016 you were granted leave to remain from 29 September 2016 to 29 March 2019 as spouse
You applied for spouse of settled person ILR on 7 August 2018

Why did you apply for ILR so early on 7th August when she didn't qualify for ILR yet??

What date did your spouse ENTER the UK in 2013 on the spouse settlement visa??

She is here for 6 years or more than 60 months

You also state she has been here for more than 6 years?? How and on what visa??

[amirhazz]

Why did you apply for ILR so early on 7th August when she didn't qualify for ILR yet??

What date did your spouse ENTER the UK in 2013 on the spouse settlement visa??

She is here for 6 years or more than 60 months
You also state she has been here for more than 6 years?? How and on what visa??

Thanks for prompt reply:

She had 2 times 2.5 year visa and 7th August was the date according to her lawyer we were good to go and apply.

She is already here since October 2013 so 5 years and 2 months.

[CR001]

Why did you apply for ILR so early on 7th August when she didn't qualify for ILR yet??

What date did your spouse ENTER the UK in 2013 on the spouse settlement visa??

She is here for 6 years or more than 60 months
You also state she has been here for more than 6 years?? How and on what visa??

Thanks for prompt reply:

She had 2 times 2.5 year visa and 7th August was the date according to her lawyer we were good to go and apply.

She is already here since October 2013 so 5 years and 2 months.

Something is NOT adding up here. What date did she enter the UK on her spouse entry clearance visa she got in October 2013??

You said she has been here for 6 years, on what route?? October 2013 to October 2018 is only 5 years or 60 months NOT 6 years.

You need to provide EXACT dates please but it appears you applied for ILR way too early as I cannot work out why you believe she qualified to apply on 7th August.

[amirhazz]

Something is NOT adding up here. What date did she enter the UK on her spouse entry clearance visa she got in October 2013??

You said she has been here for 6 years, on what route?? October 2013 to October 2018 is only 5 years or 60 months NOT 6 years.

You need to provide EXACT dates please but it appears you applied for ILR way too early as I cannot work out why you believe she qualified to apply on 7th August.

Ignore the top answers. Lets start again: ((( i made a typo before. couldn't edit )))

• On the 10 October 2013 you were granted entry clearance as Spouse/CP - Granted Entry Clearance from 14 August 2013 to 14 May 2016

• On the 31 May 2016 you applied for leave to remain as spouse of a settled/Refugee/HP Person on you were Granted Leave to remain from 29 September 2016 to 29 March 2019 as Spouse of a settled person

• You applied for spouse of a settled person ILR on 07 august 2018

Any idea why? Do you think we applied early?
They sent us a letter on 21st December and by that time my wife is here for 5 years and 2 months. August is 2 months before her complete 5 years or 60 months.

[CR001]

• On the 10 October 2013 you were granted entry clearance as Spouse/CP - Granted Entry Clearance from 14 August 2013 to 14 May 2016

So which date did she ENTER the UK??? I have asked this more than once already.

• You applied for spouse of a settled person ILR on 07 august 2018

If her entry clearance visa she applied for from home country was issued on 14th August and she only entered the UK in October, then YES, you applied too early. Her residence clock for ILR starts from the date she ENTERED the UK and not from visa issue date.

[amirhazz]

If her entry clearance visa she applied for from home country was issued on 14th August and she only entered the UK in October, then YES, you applied too early. Her residence clock for ILR starts from the date she ENTERED the UK and not from visa issue date.

She entered to the UK in 21st September 2013

It is 5 years COMPLETE.

[CR001]

If her entry clearance visa she applied for from home country was issued on 14th August and she only entered the UK in October, then YES, you applied too early. Her residence clock for ILR starts from the date she ENTERED the UK and not from visa issue date.

She entered to the UK in 21st September 2013

So she still didn't qualify to apply on 7th August then. Have you asked the 'lawyer' who advised you she can apply on 7th August??

August is 2 months before her complete 5 years or 60 months.

She did not complete 60 months in August. You cannot calculate her 'residence' based on visa issue date. It is entry to UK date that starts the clock for ILR.

[amirhazz]

So she still didn't qualify to apply on 7th August then. Have you asked the 'lawyer' who advised you she can apply on 7th August??

August is 2 months before her complete 5 years or 60 months.
She did not complete 60 months in August. You cannot calculate her 'residence' based on visa issue date. It is entry to UK date that starts the clock for ILR.

Yes we actually applied through lawyer and he said August is one month before she completes her 5 years residency. So you are saying the lawyer made a mistake?

[CR001]

Yes, the lawyer did.

If she entered the UK on a spouse visa on 21st September 2013, she should only have applied for ILR within 28 days before 21st September 2018, which is no sooner than 24th August 2018 that she should have applied.

https://www.timeanddate.com/date/datead ... ad=28&rec=

Note that it is ONLY Points Based System Dependents that can apply for ILR based on visa issue/start date and NOT spouse settlement visa holders.

[amirhazz]

Yes, the lawyer did.

If she entered the UK on a spouse visa on 21st September 2013, she should only have applied for ILR within 28 days before 21st September 2018, which is no sooner than 24th August 2018 that she should have applied.

https://www.timeanddate.com/date/datead ... ad=28&rec=

Note that it is ONLY Points Based System Dependents that can apply for ILR based on visa issue/start date and NOT spouse settlement visa holders.

Thanks for that. So what do you think we should do.
If we get the limited leave to remain again, can we apply for ILR as soon as possible again or shall we wait until this visa runs out again and apply for ILR? What I mean is if she applies now again, is she eligible?

[amirhazz]

Anyone?

[CR001]

Anyone?

Please bear in mind that we are unpaid volunteers (with normal day jobs and families) on the forum before bumping your topic after less than 20 minutes.

She can apply again and will have to pay again.

A letter to the caseworker might be useful though or Administrative Review if you have been given that option.

[amirhazz]

I understood.

Thank you very much for your great help and merry christmas and happy new year to the family.

You helped me a lot. These helps are great because it's like giving hope to the people with no idea.

[bluebird12]

Hi amirhazz,

You have to check your letter which says you have granted limited leave to remain , in what basis you have been granted LTR is it on 10 years route or 5 years Spouse route ? If you have granted LTR on 10 years route then might be your existing spouse LTR has ended because of LTR switch , I am just thinking and I might be wrong ? Let’s someone else more experience person explain it ?

However, if your existing spouse leave has not ended due to leave switch then you can apply again ILR after paying fees again and on completion of 5 years period .

[vinny]

If her entry clearance visa she applied for from home country was issued on 14th August and she only entered the UK in October, then YES, you applied too early. Her residence clock for ILR starts from the date she ENTERED the UK and not from visa issue date.

She entered to the UK in 21st September 2013

It is 5 years COMPLETE.

If she satisfied the requirements on the date of the decision (Option 2), then they should have granted ILR.

Apply for a reconsideration or AR or apply for SET(M) again.

Or contact the reasonable Home Secretary

[amirhazz]

Thanks guys.

Happy new year

[amirhazz]

Hi guys,

I finally received an email from caseworker as below:

Thank you for your letter I can confirm that there has been an administrative error on the letter you received and you application is as a spouse partner not a parent I do apologise for this. The reason still stands that you have not completed 60 or 120 months continuously as a partner in one route you are currently on the 10 year settlement route so will need to complete 120 months in this route or 60 months continuously on the 5 year route before you can apply for ILR. I can resend the letter if required. You will still need to make the I H S payment so that your application can be considered.

I still am a bit confused on the highlighted text. 60 or 120 months.
I guess we applied a bit earlier. If I apply again and pay, will they give ILR?

Thank you in advance.