ILR Rejected

[jigars143]

Team, my friend applied for ILR but it got rejected or should I say they are putting her on 5 year route. The timeline provided by Home Office is below.

• You applied for Entry Clearance as the spouse of XXX on 19 December
2013. This was granted on 10 January 2014 until 10 October 2016
• You entered the United Kingdom on 26 January 2014
• You applied for Leave to Remain as the spouse of XXX on 10 October 2016.
This was granted on the 10 year Family and Private Life route on 05
December 2016 until 05 June 2019
• You applied for Leave to Remain as the spouse of XXX on 19 December
2017. This was granted on 5 year route on 19 December 2017 until 17 July
2020
• You applied for Indefinite Leave to Remain on 22 June 2020


Can you please advise if this means that she will be due ILR in December 2022? Couple of solicitors advised that because she came in 2014 as a Spouse she will be able to get ILR after 5 years but it seems not to be the case. They are now giving her 30 months extension and below is what they said:

"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) of Appendix
FM, were you to make a valid application for such leave."

She will have to pay IHS of £1,000 in next two weeks.

Does this mean she will need another extension in July 2022 until Dec 2022?

Your help is always appreciated.

[CR001]

She cannot combine the 5 year route with the 10 year route visa to make 5 years for ILR. They fall under different immigration rules.

If she was put on the 10 year route, and then applied for the 5 year route, she has to wait 5 years on the new 5 year route before she can apply for ILR.

[jigars143]

Thank you CR001 as always

So am i correct in saying she will be due december 2022?

Rgds

[seagul]

Thank you CR001 as always

So am i correct in saying she will be due december 2022?

Rgds

In my opinion, her ILR clock has once been resetted and the earliest time of her ILR could be around 2023-2024 depending on the date of her arrival which you haven't disclosed under 10 years of long residence route.

[jigars143]

@Seagul: she arrived in january 2014 under spouse visa. Her 5 year clock in my opinion started on 19 december 2017 as per timelines provided by home office.

[seagul]

Her 5 year clock in my opinion started on 19 december 2017 as per timelines provided by home office.

they said:

"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) of Appendix
FM, were you to make a valid application for such leave."

She will have to pay IHS of £1,000 in next two weeks.

Does this mean she will need another extension in July 2022 until Dec 2022?

Your help is always appreciated.

Correct, but it will now be resetted again against the offer of new leave under 10 years of route which could otherwise be shrugged off if her visa wont have been expired yet.

[jigars143]

I think the conclusion is that she was granted further leave to remain in December 2017 and she has not completed 60 months of valid stay which will be completing in December 2022. It probably is a good idea if she asks the question to home office what she is now entitled to do

[seagul]

I think the conclusion is that she was granted further leave to remain in December 2017 and she has not completed 60 months of valid stay

correct

which will be completing in December 2022.

No because a new 10 years of ILR clock will be started ticking.

It probably is a good idea if she asks the question to home office what she is now entitled to do

No harm in re-enquiring the same which they have already divulged.

[vinny]

• You applied for Entry Clearance as the spouse of XXX on 19 December
2013. This was granted on 10 January 2014 until 10 October 2016
• You entered the United Kingdom on 26 January 2014
• You applied for Leave to Remain as the spouse of XXX on 10 October 2016.
This was granted on the 10 year Family and Private Life route on 05 December 2016 until 05 June 2019

Ask the Home Office what requirements under the 5-year route didn’t she satisfy in 2016?

[jigars143]

• You applied for Entry Clearance as the spouse of XXX on 19 December
2013. This was granted on 10 January 2014 until 10 October 2016
• You entered the United Kingdom on 26 January 2014
• You applied for Leave to Remain as the spouse of XXX on 10 October 2016.
This was granted on the 10 year Family and Private Life route on 05 December 2016 until 05 June 2019

Ask the Home Office what requirements under the 5-year route didn’t she satisfy in 2016?

Apparently at that time they did not have some documents ready of the business so home office put her on 10 yr route and then she appealed (according to her) so home office put her on 5 yr route in 2017. Couple of solicitors said that if she combined 2.5yr pre 2016 and 2.5 yrs post 2017 she will get ilr.

But they were wrong as her visa resetted in 2017 so she has to spend 60 months post 2017 if i am correct

[vinny]

Did they ask her for the missing documents, in line with the rules D at the time?

• You applied for Leave to Remain as the spouse of XXX on 19 December
2017. This was granted on 5 year route on 19 December 2017 until 17 July

If she reapplied for FLR(M) in 2017, then they probably didn’t admit that they made a mistake in 2016.

Else,

then she appealed (according to her) so home office put her on 5 yr route in 2017.

if they had switched her back onto the 5-year route in 2017, after a reconsideration or something, without her making another FLR(M) application at that time, then they may have implicitly admitted that they shouldn’t have put her on the 10-year path in 2016.

Note that they are now proposing to switching her back onto the 10 year path again.

[seagul]

In my view, if the OP has fulfilled the income and English language criteria when had applied the SETM on 22nd June 2020, then the grant under 5 years of route (FLRM), now should vigorously be requested to keep the ILR clock unharmed.

[jigars143]

Did they ask her for the missing documents, in line with the rules D at the time?

• You applied for Leave to Remain as the spouse of XXX on 19 December
2017. This was granted on 5 year route on 19 December 2017 until 17 July

If she reapplied for FLR(M) in 2017, then they probably didn’t admit that they made a mistake in 2016.

Else,

then she appealed (according to her) so home office put her on 5 yr route in 2017.

if they had switched her back onto the 5-year route in 2017, after a reconsideration or something, without her making another FLR(M) application at that time, then they may have implicitly admitted that they shouldn’t have put her on the 10-year path in 2016.

Note that they are now proposing to switching her back onto the 10 year path again.

Thank you vinny. I should give this feedback to her. Fair point by you.