ILR refused 58 instead of 60 months (spouse visa)

[Samsam121]

Hi guys,
hope you could help me

i have been on spouse visa for 5 years and am short of 2 months, probably my fault i did not realise the 5 my immigration details are:
granted leave to enter on 30 Jan 2014 (to 30 Oct 2016), entered UK on 24 June 2014.
further leave to remain (5 year route) granted on 11 Oct 2016 to 30 April 2019. Applied for ILR on 20 April 2019. HO replied with letter stating i do not qualify since it has only been 58 months and offered me further leave to remain for 30 months provided i pay the NHS surcharge by 16 May 2019. The letter says this:

Your application has been considered for limited leave to remain under the immigration rules, including the partner routes contained in appendix FM.As you have a parental relationship with children (children named with DOBs) who are british citizens, we are statisfied that you would meet the requirement of paragraph R-LTRP. 1.1 (a) and (b) and (d) of Appendix FM (10 year route) because of your family life. Once you have paid the immigration health surcharge, your application will be treated as a valid application for limited leave to remain and you will be granted 30 months' limited leave to remain in UK.

My questions are: i was under the 5 year route as clearly stated in this letter and previous application for further leave to remain in 2016, are they now placing me under the 10 year route because i am 2 months short of 60 month rule? or are simply offering me further 30 months now, and i could re apply in 2 months from now once i have fulfilled the 60 month clause?

your help is much apprecited. thank you

[aman90]

Hi guys,
hope you could help me

i have been on spouse visa for 5 years and am short of 2 months, probably my fault i did not realise the 5 my immigration details are:
granted leave to enter on 30 Jan 2014 (to 30 Oct 2016), entered UK on 24 June 2014.
further leave to remain (5 year route) granted on 11 Oct 2016 to 30 April 2019. Applied for ILR on 20 April 2019. HO replied with letter stating i do not qualify since it has only been 58 months and offered me further leave to remain for 30 months provided i pay the NHS surcharge by 16 May 2019. The letter says this:

Your application has been considered for limited leave to remain under the immigration rules, including the partner routes contained in appendix FM.As you have a parental relationship with children (children named with DOBs) who are british citizens, we are statisfied that you would meet the requirement of paragraph R-LTRP. 1.1 (a) and (b) and (d) of Appendix FM (10 year route) because of your family life. Once you have paid the immigration health surcharge, your application will be treated as a valid application for limited leave to remain and you will be granted 30 months' limited leave to remain in UK.

My questions are: i was under the 5 year route as clearly stated in this letter and previous application for further leave to remain in 2016, are they now placing me under the 10 year route because i am 2 months short of 60 month rule? or are simply offering me further 30 months now, and i could re apply in 2 months from now once i have fulfilled the 60 month clause?

your help is much apprecited. thank you

Yes unfortunately..it was ur fault.
You could have extended and varied to ILR once you were within 28 days of ENTRY date.

Whats the date on the refusal letter?

[Samsam121]

it was on 2nd May, received it on 9th May.

If i go ahead with 10 year route parental, can i then apply for 5 year route after 60 months? is the answer still no?

thanks for your time

[Samsam121]

am i still within grace period where i could apply for an extension and re apply for ILR under 5 year route all over again?

[aman90]

it was on 2nd May, received it on 9th May.

If i go ahead with 10 year route parental, can i then apply for 5 year route after 60 months? is the answer still no?

thanks for your time

As per my understanding, ur current visa has expired and HO instead of refusing you have suggested to place you on a 10 year route. Effectively reset ur ILR clock( it’s insane).
You could probably apply under Long residence after you complete another 5 years if you accept this.

Keep in mind ur eligible to apply for ILR from 27th May 2019 onwards.
I’m just thinking if you reapplied within 14 days under 39 E from the date of the letter for an extension on the spouse visa.

I’m not certain but it doesn’t seem the visa they’ve offered above allows you to apply for ILR on the previous 5 year route.


39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

[Samsam121]

39E indeed permits me to apply for an extension. i genuinely appreciate this.
I can file for another application (extension) before 16 May (to be safe) and within 12 days of that, i would be (in principle at least) already eligible for ILR.
I find the offer for 10 year route extremely unjust to describe it mildly.

[aman90]

39E indeed permits me to apply for an extension. i genuinely appreciate this.
I can file for another application (extension) before 16 May (to be safe) and within 12 days of that, i would be (in principle at least) already eligible for ILR.
I find the offer for 10 year route extremely unjust to describe it mildly.

By the 15th of May.

[Samsam121]

i am grateful for the help. thanks a lot