ILR refused with 322 but 30 months visa granted

[PoojaL]

hello members,

my husband applied for ilr in may 2016 on 5 years route (tier1 general) then varied to long residency in sep 2017 and mine varied to set m. but unfortunately they refused ilr due to tax ammendments and offered 30 months visa outside the rules for considering our daughter's medical condition , as she is an autistic & born in the uk & she is 5 yrs 11 months now. they asked us to apply visa for our daughter asap & pay ihs for my husband. which we paid.
my question is now they gonna give flr (fp) outside rules to my husband then how its gonna work on my pending application.
and if we all going to switch by them to flr (fp) then when we all will be able to make ilr application.
my husband came first time on - 27th sep 2007
i came first time - 05 feb 2012
our daughter born - 13th feb 2013

please help

thank you

[Napoleon77]

Hello

Please did you make Home Office aware of your daughters condition when you initially submitted your application or you sent the information later?

I ask because I am in a similar situation

[PoojaL]

Hello

Please did you make Home Office aware of your daughters condition when you initially submitted your application or you sent the information later?

I ask because I am in a similar situation

hi,
when they sent us questionnaire back in march 2017, that time we notified them about our daughter with birth certificate and all other medical evidences which they fully considered now and offered 30 months flr (fp)

[PoojaL]

can someone help please?
it would be appericiated...
thanks

[PoojaL]

hello,

we recieved brp card today for my husband, in remarks at front its written work permitted and at the back nothing... does ut mean there is no restrictions for public funds?

[Shanu111]

Hi
I don't think he can get any public fund.they considered your child medical situation.it is not a permanent resident it is leave to remain visa.you can't take any public fund.

[CR001]

Hi
I don't think he can get any public fund.they considered your child medical situation.it is not a permanent resident it is leave to remain visa.you can't take any public fund.

Certain FLR(FP) visa holders CAN claim public funds. It is wholly dependent on their circumstances etc.

[RAZ1985]

hello,

we recieved brp card today for my husband, in remarks at front its written work permitted and at the back nothing... does ut mean there is no restrictions for public funds?

Sometimes it depends on your last leave conditions, if you were entitled to claim public funds in your last leave then they put the same conditions on your flr fp.
But it should be mentioned if you are not entitled then it should show ‘no recourse to public funds’
But please confirm with home office directly , as may be you are not entitled to claim public funds and then you claim, it can create problem when you will apply for extension.

[PoojaL]

thanks for the reply... in our previous all visa category's it was mentioned on card that no public funds.... but now there is nothing like that thats why i am bit confused.... we will still not get any benefits as we both work full time... but if we are entitled may be we can think over child benefits & disability allowance for my daughter as her social worker & health visitor keep ask me to do that.

can anyone please also reply that when we will be able to apply ilr again.

thanks

[RAZ1985]

Did they ask you to sign any letter which shows you cannot go to any other route,
On parent route you have to complete 5 years to get settlement,
As he is already spend 10 years lawfully i think he can try again to remove 322(5).
But please check with a person of law or solicitor first.

[PoojaL]

Did they ask you to sign any letter which shows you cannot go to any other route,
On parent route you have to complete 5 years to get settlement,
As he is already spend 10 years lawfully i think he can try again to remove 322(5).
But please check with a person of law or solicitor first.

hi,
no they didnt asked for any sign.... can i complete my 10 years all together and apply for ilr.
i was on pbs dependent since feb 2012
and now completed 7 years

[RAZ1985]

Did they ask you to sign any letter which shows you cannot go to any other route,
On parent route you have to complete 5 years to get settlement,
As he is already spend 10 years lawfully i think he can try again to remove 322(5).
But please check with a person of law or solicitor first.

hi,
no they didnt asked for any sign.... can i complete my 10 years all together and apply for ilr.
i was on pbs dependent since feb 2012
and now completed 7 years

Once you are on parent route then you have to complete 5 years on parent route before applying for settlement, open the flr fp guidance on google , it clearly says you cannot mix different type of leave to get settlement, if you had completed your 10 years before your new parent route then you can claim your past 10 years you have built in UK. But in your case you have not completed your 10 years so you must have to complete your 5 year route to get settlement.

[PoojaL]

hi evreyone,
i got my visa and documents back today
they put me on 10 years partner route on exceptional circumtances with no public funds
and it is also mentioned that i have to apply for my leave no more than 28 days before expiry or indefinate leave to remain if i complete 10 years lawful residence.

[amjadleeds]

Hi
Good afternoon, If do not mind to share with me, that you have paid all outstanding tax liability and still they have refused your visa,
Many thanks
amjad from leeds

[PoojaL]

Hi
Good afternoon, If do not mind to share with me, that you have paid all outstanding tax liability and still they have refused your visa,
Many thanks
amjad from leeds

hi,

we did paid all taxes and they still refused by saying that we didnt paid in time .

[PoojaL]

hello,

i need help please ...
as i applied first for ILR in may 2016 then switched to Set M in sep 2017
so first i paid £1875 for ILR
then i didnt paid anything but the fees for set M was around £995 so my solicitor said they will refund rest of the money once the decision is made. but i havent recieved any letter regarding my refund. now how shall i get my refund from ukvi? please provide some information & proceedure to get refund...

Thank You

[magee]

Hi
Good afternoon, If do not mind to share with me, that you have paid all outstanding tax liability and still they have refused your visa,
Many thanks
amjad from leeds

Hi
I too fall in the same category applied ILR on tier 1 gen basis in nov 2016 and varied to 10 years route ,
Now they have given settlement for spouse and son ,but are giving me 30 months with the reason 322 .
Please can some one advise can i go for administrative review before they send me the visa or after i get my FLR FP visa .
Please advise urgently should i pay the IHS surcharge and wait ??

I have paid all outstanding taxes

[PoojaL]

Hi
Good afternoon, If do not mind to share with me, that you have paid all outstanding tax liability and still they have refused your visa,
Many thanks
amjad from leeds

Hi
I too fall in the same category applied ILR on tier 1 gen basis in nov 2016 and varied to 10 years route ,
Now they have given settlement for spouse and son ,but are giving me 30 months with the reason 322 .
Please can some one advise can i go for administrative review before they send me the visa or after i get my FLR FP visa .
Please advise urgently should i pay the IHS surcharge and wait ??

I have paid all outstanding taxes

hello,

the best option is to pay ihs and get your visa, and read it in your letter carefully because in my husband's letter it was mentioned that you cannot apeal on decision as you have been given leave to remain.

[magee]

Hi
Good afternoon, If do not mind to share with me, that you have paid all outstanding tax liability and still they have refused your visa,
Many thanks
amjad from leeds

Hi
I too fall in the same category applied ILR on tier 1 gen basis in nov 2016 and varied to 10 years route ,
Now they have given settlement for spouse and son ,but are giving me 30 months with the reason 322 .
Please can some one advise can i go for administrative review before they send me the visa or after i get my FLR FP visa .
Please advise urgently should i pay the IHS surcharge and wait ??

I have paid all outstanding taxes

hello,

the best option is to pay ihs and get your visa, and read it in your letter carefully because in my husband's letter it was mentioned that you cannot apeal on decision as you have been given leave to remain.

Thanks for your reply.
Yes it says the same in my letter too.so paid the IHS and waiting.
What was the decision for You?

[us3r]

Hi Pooja,

Thanks for sharing your experience. Can I ask now that you have limited leave to remain, does that mean that you have to complete 10 years from this year onwards, or what? When will you be eligible to apply for your ILR?

Thanks.

[PoojaL]

Hi Pooja,

Thanks for sharing your experience. Can I ask now that you have limited leave to remain, does that mean that you have to complete 10 years from this year onwards, or what? When will you be eligible to apply for your ILR?

Thanks.

hello,

as per my understanding because my husband is a main applicant and his ILR they refused so he has to start his fresh 10 years to qualify again and i came in the uk in feb 2012 as a dependent so i still have chance to apply for ILR once i complete my10 years.

[PoojaL]

Hi
Good afternoon, If do not mind to share with me, that you have paid all outstanding tax liability and still they have refused your visa,
Many thanks
amjad from leeds

Hi
I too fall in the same category applied ILR on tier 1 gen basis in nov 2016 and varied to 10 years route ,
Now they have given settlement for spouse and son ,but are giving me 30 months with the reason 322 .
Please can some one advise can i go for administrative review before they send me the visa or after i get my FLR FP visa .
Please advise urgently should i pay the IHS surcharge and wait ??

I have paid all outstanding taxes

hello,

the best option is to pay ihs and get your visa, and read it in your letter carefully because in my husband's letter it was mentioned that you cannot apeal on decision as you have been given leave to remain.

Thanks for your reply.
Yes it says the same in my letter too.so paid the IHS and waiting.
What was the decision for You?

hi,

they gave me same 30 months leave to remain on partners route because i didnt finished my 10 years yet, i will be eligable in jan 2022.