Category confusion

[Ruv]

Hi all, hope someone can help.
I applied for my ILR via the Super priority 24hr route. I went for my biometrics on Croydon on Saturday 20th April, today morning at 4pm I received the below
Thank you for your recent application for Indefinite Leave to Remain, using the Super Priority Visa service.

We have attempted to process your application within the 24 hour service standard, unfortunately it appears it will not be processed within the 24 hour target. This is because your application raises exceptionally complex issues and we require further time to consider the case thoroughly and reach a decision.

If there is anyone who ever received this, can you advise how long it took before your received your outcome via email or letter please? Thanks

[CULLINAN]

Hi all, hope someone can help.
I applied for my ILR via the Super priority 24hr route. I went for my biometrics on Croydon on Saturday 20th April, today morning at 4pm I received the below
Thank you for your recent application for Indefinite Leave to Remain, using the Super Priority Visa service.

We have attempted to process your application within the 24 hour service standard, unfortunately it appears it will not be processed within the 24 hour target. This is because your application raises exceptionally complex issues and we require further time to consider the case thoroughly and reach a decision.

If there is anyone who ever received this, can you advise how long it took before your received your outcome via email or letter please? Thanks

What is your visa category?

[Ruv]

I am on a 5 year route family visa.

[CR001]

I am on a 5 year route family visa.

How did you meet the financial requirement?

Did you submit B1 and LIUK tests?

Did you submit 2 years evidence of cohabitation from numerous sources?

Any adverse immigration issues in the past, i.e. out of time application or refusals??

[Ruv]

I am on a 5 year route family visa.

How did you meet the financial requirement?

Did you submit B1 and LIUK tests?

Did you submit 2 years evidence of cohabitation from numerous sources?

Any adverse immigration issues in the past, i.e. out of time application or refusals??

I submitted my savings showing last 6 months bank statement which are more than the required amount. I also submitted my 6 months saving which also meet the minimum requirement. On top of this, I submitted my partner’s one year dividends, bank statement and payslip as a company director. He’s has a Ltd company.

Yes I submitted my life in the UK certificate which I got 5 years ago. I did my degree and MBA here in the UK, so I submitted my certificates.

I submitted 5 years evidence of living together with my British partner in the form of 9 letter with both our names spread out through the years. I have two British children with my partner, so I also submitted their birth certificates and passports.

In the past my visas were refused on two separate occasions when I was a student, which I appealed, went to court and visas were granted in the end.

[CR001]

Why did you complicate the application by submitting savings and self employment?

What was the savings amount you used to meet the requirement?

[CR001]

You cannot combine savings and self employed income, Appendix 1.7 is very clear on this, page 18 in the below link, hence you might have simply complicated your application by providing unnecessary documents.

https://assets.publishing.service.gov.u ... ext_1_.pdf

[Ruv]

You cannot combine savings and self employed income, Appendix 1.7 is very clear on this, page 18 in the below link, hence you might have simply complicated your application by providing unnecessary documents.

https://assets.publishing.service.gov.u ... ext_1_.pdf

Thanks CR001. I hadn’t realised. It’s so annoying that I missed this.

[Ruv]

Why did you complicate the application by submitting savings and self employment?

What was the savings amount you used to meet the requirement?

I used £80,000. I’m thinking of emailing back the case worker and telling him to just use the savings. I don’t know if that will help. What do they tend to do if they receive both savings and self employment?

[Ruv]

Hi all,

Desperately need help with this. Hope someone can help.

I applied for ILR under set (M) and just got my application response yesterday saying unsuccessful. I’m so confused as that’s the category I was referred to on line.

I’m a non EEA on a family visa with a EEA national (Spouse). During my 5 year family visa time he changed his citizenship to become British.

My family visa was till 28th April. I made an application on the 16th April and attended my biometric appointment on 20th April. I got a response letter yesterday 4th saying application has been refused as I applied under the wrong category but I’m can be considered for the 30 month where I need to pay £1000 surcharge. Is this correct or is it a HO error? Looks like I can’t even appeal. Please help?

[zimba]

What was your visa ? Did you have 5 years under family route FLR(M) or did you have an EEA residence permit ?

[CR001]

Topics Merged

[CR001]

I am on a 5 year route family visa.

You initially were not very clear on your visa category when you were asked.

As a person holding an EEA RC as the spouse of an EU citizen, you did not qualify for ILR on form SET(M) - which needs a Spouse Settlement visa for 5 years NOT an EEA RC.

Your should have applied for PR (£65) under the EEA rules or apply for the EU Settlement Scheme.

[Ruv]

What was your visa ? Did you have 5 years under family route FLR(M) or did you have an EEA residence permit ?

I have 5 years under the family route.

[CR001]

What was your visa ? Did you have 5 years under family route FLR(M) or did you have an EEA residence permit ?

I have 5 years under the family route.

Note that there is more than one visa category under the 'family route' so you need to be VERY specific on what it is you hold.

[Ruv]

I am on a 5 year route family visa.

You initially were not very clear on your visa category when you were asked.

As a person holding an EEA RC as the spouse of an EU citizen, you did not qualify for ILR on form SET(M) - which needs a Spouse Settlement visa for 5 years NOT an EEA RC.

Your should have applied for PR (£65) under the EEA rules or apply for the EU Settlement Scheme.

Is there anything I can do now as my family visa has just expired?

[CR001]

Apply under the EU Settlement Scheme for Settled Status.

If you hold an EEA Residence Card, note that it NOT a 'visa', it is a residence card, which is not mandatory to hold under the EU regulations.

[Ruv]

Apply under the EU Settlement Scheme for Settled Status.

If you hold an EEA Residence Card, note that it NOT a 'visa', it is a residence card, which is not mandatory to hold under the EU regulations.

Thank you for your help. Can I still apply even though my 5 year family visa ran out a week ago? So I just wasted my £3000 which I can’t even get back?

[CR001]

Thank you for your help. Can I still apply even though my 5 year family visa ran out a week ago?

Yes you can.

So I just wasted my £3000 which I can’t even get back?

Unfortunately yes.

What did the refusal letter state exactly, if you could type the words without personal details?

[Ruv]

Thank you for your help. Can I still apply even though my 5 year family visa ran out a week ago?

Yes you can.

So I just wasted my £3000 which I can’t even get back?

Unfortunately yes.

What did the refusal letter state exactly, if you could type the words without personal details?

word for word the letter said the below

Your application has not been considered. We have considered your application and you do not qualify for the indefinite leave to remain. Reasons set in Annex A to this letter.

However, we are satisfied that you would fall to be granted limited leave to remain of 30 months on the basis of R-LTRP.1.1 (a), (b) and (c) of Appendix FM, were you to make a valid application for such leave.

In these circumstances, in accordance with the consent you gave on the application form, we are now treating your application as an application for limited leave to remain. However, under paragraph 6(1)(c)(ii) of the immigration (Health Charge) Order 2015, we will be obliged to treat your application for limited leave to remain as invalid if you do not comply with a requirement to pay an immigration health surcharge by the date specified. In respect of your application, in order for it to be valid and for you to be granted limited leave to remain, you must pay an immigration health surcharge of £1000 by May 2019.

ANNEX A
On the 10th Feb 2014 you applied for an EEA Residency card as spouse of XXXX XXXX and was granted Residency card from 28 April 2014 to 28 April 2019.

On 8th April 2019, an application for IRL on the spouse/partner route was submitted.

Reasons you would not qualify for a grant of indefinite leave to remain (ILR) are

As the spouse of a person and settled in the United Kingdom seeking indefinite leave to remain, your application falls for consideration under Section R-ILRP of Appendix FM of the immigration Rules which states:

R-ILRP.1.1 The requirements to be met for limited leave to remain as a partner are-

(a) the applicant and their partner must be in the UK;

(b) the applicant must have made a valid application for limited or indefinite leave to remain as a partner;
(c) the applicant must not fall for refusal under any of the grounds in Section S-LTR: Suitability for indefinite leave to remain;
(d) deleted
(e) the applicant meets all of the requirements of Section E-LTRP: Eligibility for indefinite leave to remain as a partner.
In order to meet the requirements of R-ILRP.1.1 (e), you must demonstrate that you meet the requirements of Section E-ILRP: Eligibility for indefinite leave to remain as a partner.
Section E-ILRP.1.3 states:
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);
(1A) In respect of an application falling within sub- paragraph (1)(a) above, the applicant must meet all of the requirements of section E-LTRP: Eligibility for leave to remain as a partner (except that paragraph E-LTRP.1.2. cannot be met on the basis set out in sub-paragraph (c) of that paragraph, and in applying paragraph E-LTRP.3.1 (b)(ii) delete the words “2.5”).
(1B) In respect of an application falling within sub-paragraph (1)(b) above:
(a) the applicant must meet all the requirements of paragraphs E-LTRP.1.2.-1.12. (except that paragraph E-LTRP.1.2. cannot be met on the basis set out in sub-paragraph (c) of that paragraph) and E-LTRP.2.1. -2.2.; and
(b) paragraph EX.1.must apply
As you have only previously been granted an EEA Residency Card as a non EEA family member 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 continues period of at lease 60 months in the route that you were last granted under.
In order to qualify for settlement you would need to show that you meet all the requirements of R-ILRP.1.1. Full consideration has not been given to all of the requirements of R-ILRP.1.1 (e), this includes the financial requirement set out in E-LTRP 3.1 to 3.4. You have failed to demonstrate that you meet the requirement of R-ILRP.1.1 (e) with reference to E-ILRP.1.3. (a) and (b). Your application for indefinite leave to remain is therefore refused regardless of whether you can demonstrate that you meet the financial requirements or not.
As you do not meet the above eligibility requirements your application for indefinite leave to remain is refused under paragraph D-ILRP. 1.3 of the Immigration Rules.

question is- what are my options going forward? Even this letter was confusing for me just as the process.
How soon can i apply under PR?

Your help is much appreciated!

[CR001]

When did you marry your EU spouse?

When did you move to the UK on an EEA ?

What date was your EEA residence card issued?

[Ruv]

When did you marry your EU spouse?

When did you move to the UK on an EEA ?

What date was your EEA residence card issued?

We are not married. I qualified for the EEA residence card as an unmarried partner. I was on tier 4 student visas before that since 2001.

I applied for the EEA just before my Tier 4 expired here in the UK

My EEA was issued from 28th April 2014 to 28th April 2019.

[CR001]

What date did your student visa expire?

You should apply for the EU Settled Status when you have 5 years residence as an EEA EFM.

You stated yesterday that it was a SPOUSE?? Are you now married or still unmarried??

I’m a non EEA on a family visa with a EEA national (Spouse).

[Ruv]

What date did your student visa expire?

You should apply for the EU Settled Status when you have 5 years residence as an EEA EFM.

You stated yesterday that it was a SPOUSE?? Are you now married or still unmarried??

I’m a non EEA on a family visa with a EEA national (Spouse).

My student visa expired around August 2013.

We are still unmarried but we have been living like a husband and wife and we also have 2 British kids together. Both born after I got my residence card.

[CR001]

You do realise that the time between your student visa expiring and the issue date of your RC means you had no legal status in the UK.

That aside, you should not pay the IHS as this will change your immigration route. Simply apply for the EU settled scheme now,