ILR Rejection for Spouse

[bruce.wayne]

Hi Experts,

I am a naturalised British Citizen. I moved to UK in 2009, got my ILR in February 2014 and citizenship in 2016.
My Wife moved to the UK on a Dependent Visa in 2014 December (I already had my ILR by then).
In April 2020 we applied for her ILR (since she has been here for over 5 years). After about 7 months we finally heard from the Home Office and we received a Rejection letter stating "Your application does not meet our requirements to grant you indefinite leave to remain as you have only been a Tier 2 dependant for 3 years not the 5 years required. We cannot take into consideration the time you were in the UK as a Spouse/CP. "

Her first visa between 10/2014 and 07/2017 was Spouse/CP and that was extended in 08/2017 up to 08/2020 as PBS Dependent Leave to Remain. We had applied for Set O dependent. Could you advise where we went wrong and what could be the best way forward?

[vinny]

I think they made a mistake.

319E(d)(ii)

(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules, and

permits the consideration of the initial period as a spouse/CP of a settled partner.

[bruce.wayne]

Many thanks Vinny. This is great help. Do you think it is okay to write back to the case worker citing this Immigration Rule or would you suggest I hire a solicitor at this point?

[vinny]

Yes. There should be a right of an AR or appeal. Apply for it and quote the rules.

Why is your circumstances different from your previous topic?

[bruce.wayne]

Thanks Vinny.

Regarding the prior post (a couple of them in last few months), I had posted it on behalf of my dear friend who was struggling to create an Immigration Forum ID. Since I had an ID for a long time, thought of helping him out. In case that was an improper use of the forum, I apologise.

[bruce.wayne]

Thanks Vinny.
We have responded to the email quoting the details, now awaiting an outcome. Since we did not receive a rejection letter, rather an email indicating potential rejection, we did not have an opportunity for AR yet.
In your experience, are decisions once made reconsidered by the home office or it is most likely that it will be rejected no matter what? Because they did mention in the email that we can vary the application to PBS dependent by paying I.H.S fees. So worst case that will be our go to option.

[vinny]

If they realized that they made a mistake, then they should correct it.

[mysara81]

Can I just ask why did she went from Spouse visa to Dependent visa? Why not extend the same Spouse visa?

[CULLINAN]

Can I just ask why did she went from Spouse visa to Dependent visa? Why not extend the same Spouse visa?

She never went for a PBS dep visa. HO made an error in evaluation somehow.

[bruce.wayne]

Hi Experts,
My wife had applied for ILR as a PBS Dependant 5 year route in April 2020. We received an email in November indicating her application will be refused because the first 2 years she was on a Spouse / CP visa, so she has an opportunity to vary the request to PBS Dependant extension. Based on advice received from this forum we replied to UKVI requesting to reconsider their decision, we are still waiting to hear. (Ref Thread: indefinite-leave-to-remain/ilr-rejectio ... 08782.html).

Questions at this point:
1. In case UKVI refuses the application, what happens to “right of work” during refusal letter received and date of submission of appeal or new application? (Any link to Gov.uk sites would be great, I could find right to work during application and during appeal but not the days in between. Reason I ask is there is a potential of change of job during this period seeking a new position).

2. From your experience, if any, how long does the Home Office usually take to respond to some emails which they had originally initiated?

Many thanks in advance.

[vinny]

Posts merged.

[vinny]

Note that applications from 1 December 2020,

Relationship requirement for a dependent partner of a Skilled Worker

SW 29.1. The applicant must be the partner of a person (P) where one of the following applies:
(a) P has permission on the Skilled Worker route; or
(b) P is, at the same time, applying for (and is granted) entry clearance or permission on the Skilled Worker route; or
(c) P is settled or has become a British citizen, providing P had permission on the Skilled Worker route when they settled and the applicant had permission as P’s partner at that time.

fails, if an applicant did not have permission as P’s partner at that time when P was granted ILR.