Tier 1 Dependent -> FLR(M) -> SET(M) Help

[vaidy]

Hello

My immigration history is as follows

• I entered the UK in January 2013 with a Tier 1 Partner visa. This was valid until 02 May 2014.

• On 1 May 2014, I applied under FLR (M) as my husband had by then settled in the UK. I know now that I should've extended the Tier 1 Partner visa instead. I was granted leave to remain from 16 June 2014 to 16 December 2016.

• I then applied for an extension to FLR(M) in November 2016, which was granted from 25th Jan 2017 to 13 August 2019.

• I hadn't realised that I had switched from Tier 1 dependent to Spouse visa and applied for a SET(M) in April 2018 (as I thought I completed 5 years). I got a letter from the Home Office explaining that I hadn't completed 5 years under FLR(M). And had my visa extended until December 2020.

I applied for a Priority service to get my ILR done end of November as I have completed 60 months under the FLR (M) / Spouse route. However, I got the following response from the Home Office.

I refer to your recent application for Indefinite Leave to Remain (ILR).

We have considered your case and believe that were we to proceed you would not qualify for ILR on the basis of insufficient time on route and English Language qualification.

Normally at this point we would consider you for a grant of Further Leave to Remain which would require the payment of an IHS fee of £1000. However, I note that you still have leave remaining on your previous grant until December 2020. Therefore it is out intention to discontinue your ILR application and refund your application fee of £2408.20 which will be returned to your credit/debit card within 28 days. Your SPV fee of £800 will be retained as we have fully considered your case within the 24 hour timescale.

You now have leave until December 2020 and if you are now unclear when you can apply for ILR again I recommend you approach an accredited immigration advisor for help.

Do I have to wait until December 2020 as I have completed over 60 months under my current route? That doesn't seem right. Can I appeal? Any help here would be appreciated.

Also, the English language test is the Cambridge ESOL from April 2014 and I have successfully used it for the last two applications. Does it have an expiry date? If so, I can take it again.

Regards
Vaidy

[aman90]

• I hadn't realised that I had switched from Tier 1 dependent to Spouse visa and applied for a SET(M) in April 2019 (as I thought I completed 5 years). I got a letter from the Home Office explaining that I hadn't completed 5 years under FLR(M). And had my visa extended until December 2020.

Ur timeline is off. Can’t be April 2019.
It seems ur ILR clock was reset due to ur applying early. What does the decision letter say for ur last FLR(M) application.

[aman90]

You were eligible for ILR :
16 JUN 19 minus 28 days and ur FLR(m) before last was valid till 13 August 19?

[vaidy]

• I hadn't realised that I had switched from Tier 1 dependent to Spouse visa and applied for a SET(M) in April 2019 (as I thought I completed 5 years). I got a letter from the Home Office explaining that I hadn't completed 5 years under FLR(M). And had my visa extended until December 2020.

Ur timeline is off. Can’t be April 2019.
It seems ur ILR clock was reset due to ur applying early. What does the decision letter say for ur last FLR(M) application.

Sorry, that should be April 2018. As the decision letter is 3 pages long, I'm pasting the relevant section,

As you have not completed 60 months leave, it is therefore considered that you have failed to meet the requirements of Section E-ILRP.1.3 of Appendix FM of the Immigration FM.

As you do not meeting the above eligibility requirements your application for indefinite leave to remain is refused under paragraph D-ILRP.1.3 of the immigration rules.

Reasons you would qualify for a grant of limited leave to remain

Your application has been considered for limited leave to remain under the Immigration Rules, including the partner routes contained within Appendix FM.

We are satisfied that you would meet the requirements of Paragraph R-LTRP.1.1 (a), (b) and (d) of Appendix FM.

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 the UK.

[vaidy]

You were eligible for ILR :
16 JUN 19 minus 28 days and ur FLR(m) before last was valid till 13 August 19?

Yes, I would be eligible for ILR then. However, as I mistakenly applied for ILR in April 2018, I received a new BRP with an end date of December 2020. As the category hasn't changed from FLR(M) from June 16th 2014, I don't know why they feel that I haven't spent sufficient time (60 months) on the route.

[aman90]

Even though you had extant leave (a valid visa) till
13 AUG 2019, you accepted their offer and paid the IHS fee ?
‭
By paying the IHS fee you accepted the new visa and effectively reset ur ILR clock..

If I was you.. I would write a serious heavy handed complaint for giving you the run around!
It’s not their fault either but they knew better than to put you on a new visa..
What they have offered now could have been done when you mistakenly applied for ILR earlier.

[vaidy]

Does that mean the ILR clock has been reset from April 2018?

How do I go about writing a complaint letter? Who do I write it to?

[aman90]

Does that mean the ILR clock has been reset from April 2018?

How do I go about writing a complaint letter? Who do I write it to?

I’m not sure tbh.. it could be from April 2018 plus 60 months or it could be from Ur previous FLR(M) issued on 25 Jan 2017 plus 60 months..
perhaps a moderator can confirm.

But I read of a case that was overturned on a complaint and ILR was granted..
let me look into it and revert back.

[CR001]

What does your letter say you received with your last visa?? This will clearly state under which immigration rules you were given an extension.

[zimba]

I hadn't realised that I had switched from Tier 1 dependent to Spouse visa and applied for a SET(M) in April 2018 (as I thought I completed 5 years). I got a letter from the Home Office explaining that I hadn't completed 5 years under FLR(M). And had my visa extended until December 2020.

This looks familiar. You accepted the UKVI's offer which generally means that they then put you under the 10 year family route FLR(FP) in 2018 which resets the ILR clock under SET(M). This seems to be the reason why you were refused ILR. What did the decision letter in 2018 say ?

[aman90]

This looks familiar. You accepted the UKVI's offer which generally means that they then put you under the 10 year family route FLR(FP) in 2018 which resets the ILR clock under SET(M). This seems to be the reason why you were refused ILR. What did the decision letter in 2018 say ?

What does your letter say you received with your last visa?? This will clearly state under which immigration rules you were given an extension.

As you have not completed 60 months leave, it is therefore considered that you have failed to meet the requirements of Section E-ILRP.1.3 of Appendix FM of the Immigration FM.

As you do not meeting the above eligibility requirements your application for indefinite leave to remain is refused under paragraph D-ILRP.1.3 of the immigration rules.

Reasons you would qualify for a grant of limited leave to remain

Your application has been considered for limited leave to remain under the Immigration Rules, including the partner routes contained within Appendix FM.

We are satisfied that you would meet the requirements of Paragraph R-LTRP.1.1 (a), (b) and (d) of Appendix FM.

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 the UK.

[vaidy]

The letter dated April 2018 states the following

Dear XXX

Thank you for your application for indefinite leave to remain. Your application has not been considered by the Secretary of State personally, but by an official acting on her behalf.

We have considered your application and you do not qualify for indefinite leave to remain. The reasons for this are set out 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 (d), were you to make a valid application for such leave. The detailed reasons for this are set out in Annex A.

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 £500 by 07 May 2018.

Annex B to this letter sets out what the surcharge is for, how the amount you must pay has been calculated and how you must pay it.

What this means for you

If you do not pay the immigration health surcharge by the specified date, your application for limited leave to remain will be treated as invalid. This means that you will not be granted limited leave to remain and your application fee will not be refunded.

Further information

You have 10 working days from the date of this letter to pay the immigration health surcharge.


Yours sincerely,
XXX

[zimba]

My assumptions are correct. You are currently under the 10 year partner route FLR(FP) and your 5 year ILR clock was reset in 2018. This means the earliest to get ILR would be under long residence in 2023. As you can see poor planning and not seeking correct advice can delay your ILR by years

Requirements to be met for leave to remain under the 10-year partner route are set out in paragraph R-LTRP.1.1.(a), (b) and (d) of Appendix FM.

https://assets.publishing.service.gov.u ... 3.0ext.pdf

[seagul]

Despite a mistake by the applicant but it was an unfair trick by UKVI as why they have offered to reissue another type of visa when her existing visa hasn't yet expired. They should have simply rejected the application with an advise to reapply in June 2019. But unfortunately its too late to challenge it.

[vaidy]

Thank you all for your responses. Is there anything that can be done now? Or will I have to wait until 2023 to go through the 10-year route?

[aman90]

Not really.. but if you have the time and energy, you must complain.
Send in a reconsideration stating exactly what transpired. How you mistakenly applied under flr m when you could clearly apply under pbs.. and
How HO could have been kind enough in April 2018 and returned the fee and asked you to bide ur time. As you’ve already spent more than 60 months on a spouse visa legally.. it’s unfair that u should be penalised like this.
Anything and everything is at their discretion.
It’s ridiculous that you have to spend so much time to get ILR on something which should have been straight forward.
Ho needs to be more clear in their communication. An applicant should not need to frequent forums or engage lawyers to understand and deal with the intricacies of immigration laws and spend 1000s of pounds to be refused on technicalities such as in ur case which could have easily been avoided.
Yours is not the first case I’ve read who has been burnt like this.
Feedback is very important for necessary change to take place.

[zimba]

Despite a mistake by the applicant but it was an unfair trick by UKVI as why they have offered to reissue another type of visa when her existing visa hasn't yet expired. They should have simply rejected the application with an advise to reapply in June 2019. But unfortunately its too late to challenge it.

The caseworkers follow procedures as described in Appendix FM of the rules. That is why they are required to offer the family route visa. The OP should have refused the offer and applied for FLR(M) when visa was about to expire. Unfortunately sometimes timely advice is key.

[seagul]

The caseworkers follow procedures as described in Appendix FM of the rules.

I understand that it was op mistake who accepted that offer and challenging it now is too late. But what UKVI had done wasn't official & legal and was also not in compliance of their own policy of Appendix FM where usually flrfp visa under 10 years of route is offered when EX1(b) and EX.2 applies which is totally irrelevant in op's case as OP's visa wasn't expired/cancelled/curtailed.

[vaidy]

Thank you for all your comments. Sorry for the questions, I'm trying to see what my best course of action is

• Is there any way in which I can challenge the decision made?

• Does that mean I am now under the FLR(FP) route? If so, as it's a 10-year route, does the clock begin from the time I entered the country (Jan 2013) or from April 2018 when I was switched to the FLR(FP) route?

• Is there any way to check when my ILR clock was reset? I don't want to find out in 5 years that I need another 5 years under the FLR(FP) route. Should I switch to FLR(M) again or wait out on the FLR(FP) route?

• How do I tell which route I am in? My BRP just says Spouse/Parter Leave to remain. Which is exactly the same text as when I was under the FLR(M)

Regards
Vaidy

[aman90]

Read Zimbas & Cr001s posts.
1. You can apply via 10 year route on completion of tenth anniversary of ur ENTRY date to UK. 2023

2. According to Zimba, you’ve been put on the 10 year FLR(FP) route due to insufficient time on FLR(M) route in April 2018.

3. The above is the reason of refusal in 2019

4. Even IF you were put on the 5 year route on April 2018.. you’ll naturally complete 5 years 2023.

5. HO has done everything by the book. You can challenge if they didn’t apply the rules not discretion.

6. Again, a complaint is in order.

[seagul]

• How do I tell which route I am in? My BRP just says Spouse/Parter Leave to remain. Which is exactly the same text as when I was under the FLR(M)

Regards
Vaidy

It should be FLRfp visa under 10 years of route because if they had granted your FLRfm then you shouldn't have been refused for SET M - ILR.

[vaidy]

Thank you all for your help! Looks like I'm stuck in the 10 year route. I have written a complaint and emailed HO, will update this thread if anything comes out of it.

For me, in terms of next steps

• In December 2020, I'll use the FLRfp to extend my current stay, which should be extended by 2.5 years until middle of 2023.

• In Jan 2023 (when I complete 10 years), I can then use the SET(LR) form to apply for ILR.

Does that sound right?

Regards
Vaidy

[CR001]

For me, in terms of next steps
In December 2020, I'll use the FLRfp to extend my current stay, which should be extended by 2.5 years until middle of 2023.
In Jan 2023 (when I complete 10 years), I can then use the SET(LR) form to apply for ILR.
Does that sound right?

Yes.

[seagul]

Also see a recent experience:



indefinite-leave-to-remain/hi-guys-my-w ... 93652.html