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.
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.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.
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