Dantean wrote: ↑Thu Mar 11, 2021 2:49 am
biziguy22 wrote: ↑Wed Mar 10, 2021 9:37 pm
As a matter of fact and embarrassment, we both lost our jobs due to Corona situation last August.
If you both had jobs, did you include your partner's income on the application? It wasn't clear from your previous posts whether you were only including only your own income.
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Hi Moderators,
Here is the whole email from Case Worker. Sorry, I didn't want to bombard you with long and clumly email, hence was writing in points. But now I think it's better if I provide the entire case infront of you beautiful people
Please have a read. We are still hopeful the case worker may have made an error.
*** I have anonymised the names of applicants and employers for confidentiality***
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UK Visas and Immigration
PO Box 700
SALFORD
M5 0PS
Tel 0300 123 2241
Web
www.gov.uk/uk-visas-immigration
Served via email
UAN xxxxxxxx
Date 08 March 2021
Dear Mrs xxxxxx
Re: Mrs xxxxx and Dependant
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 their 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) of Appendix FM, 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 discontinued 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 £2000 by 29 March 2021.
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 discontinued. This means that you will not be granted limited leave to remain and your application fee will not be refunded. You will not be able to appeal this decision and you may be liable for removal from the United Kingdom.
Further information
You have 10 working days from the date of this letter to pay the immigration health surcharge.
Yours sincerely,
Mr. Xxxxxxx
Marriage & Family Team - Manchester
UK Visas and Immigration
ANNEX A
UAN: xxxxxxxxxxx
Date of decision: 08 March 2021
Detailed consideration
Immigration History
• You entered United Kingdom on 23 January 2014 with entry clearance as a Tier 1 General Partner of Mr xxxxx. This was granted from 14 October 2013 to 07 May 2015.
• On 23 March 2015 you applied for limited leave to remain as the spouse of a British Citizen. This was granted from 05 June 2015 to 05 December 2017 under D-LTRP.1.1. (the 5-year route of Appendix FM).
• On 14 October 2017 you applied for limited leave to remain as the spouse of a British Citizen. This was granted from 18 November 2017 to 04 June 2020 under D-LTRP.1.1. (the 5-year route of Appendix FM).
• On 24 May 2020 you applied for indefinite leave to remain as the spouse of a British Citizen.
Reasons you would not qualify for a grant of indefinite leave to remain (ILR)
As the spouse of a person present and settled in the United Kingdom seeking indefinite leave to remain, your application falls for consideration under Section R-ILRP of Appendix FM of the Immigration Rules which states:
R-ILRP.1.1. The requirements to be met for indefinite leave to remain as a partner are that-
(a) the applicant and their partner must be in the UK;
(b) the applicant must have made a valid application for indefinite leave to remain as a partner;
(c) the applicant must not fall for refusal under any of the grounds in Section S-ILR: Suitability for indefinite leave to remain;
(d) deleted
(e) the applicant must meet all of the requirements of Section E-ILRP: Eligibility for indefinite leave to remain as a partner.
In order to meet the requirements of R-ILRP.1.1 (e), you must demonstrate that you meet the requirements of Section E-LTRP: Eligibility for limited leave to remain as a partner.
Section E-LTRP.3.1. states:
E-LTRP.3.1. The applicant must provide specified evidence, from the sources listed in paragraph E-LTRP.3.2., of-
(a) a specified gross annual income of at least-
(i) £18,600;
(ii) an additional £3,800 for the first child; and
(iii) an additional £2,400 for each additional child; alone or in combination with
(b) specified savings of-
(i) £16,000; and
(ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income from the sources listed in paragraph E-LTRP.3.2.(a)-(f) and the total amount required under paragraph E-LTRP.3.1.(a); or
(c) the requirements in paragraph E-LTRP.3.3.being met, unless paragraph EX.1. applies.
In this paragraph “child” means a dependent child of the applicant or the applicant’s partner who is-
(a) under the age of 18 years, or who was under the age of 18 years when they were first granted entry under this route;
(b) applying for entry clearance or leave to remain as a dependant of the applicant or the applicant’s partner, or is in the UK with leave as their dependant;
(c) not a British Citizen or settled in the UK; and
(d) not an EEA national with a right to be admitted to or reside in the UK under the Immigration (EEA) Regulations 2006.
E-LTRP.3.2.
When determining whether the financial requirement in paragraph E-LTRP. 3.1. is met only the following sources may be taken into account-
(a) income of the partner from specified employment or self-employment;
(b) income of the applicant from specified employment or self-employment unless they are working illegally;
(c) specified pension income of the applicant and partner;
(d) any specified maternity allowance or bereavement benefit received by the applicant and partner in the UK or any specified payment relating to service in HM Forces received by the applicant or partner;
(e) other specified income of the applicant and partner;
(f) income from the sources at (b), (d) or (e) of a dependent child of the applicant or of the applicant’s partner under paragraph E-LTRP.3.1. who is aged 18 years or over; and
(g) specified savings of the applicant, partner and a dependent child of the applicant or of the applicant’s partner under paragraph E-LTRP.3.1. who is aged 18 years or over.
In support of your application, you have provided evidence of your sponsors employment over the 12 months prior to the date of your application.
This evidence shows that your sponsor has been employed by ABC Company since May 2019 and therefore falls to be considered under category A as stated in paragraph 5.1 of the immigration directorate instructions-
Category A: With current employer for 6 months or more – person residing in the UK
Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in salaried employment at the date of application and has been with the same employer for at least 6 months prior to the date of application, they can count their gross annual salary towards the financial requirement. In doing so they must have been paid throughout the period of 6 months prior to the date of application at a level of gross annual salary which equals or exceeds the level relied upon in the application.
Gross income from non-salaried employment will be counted on the same basis as income from salaried employment where the person has been with the same employer for 6 months or more at the date of application.
The amount demonstrated from the employment with ABC Company is £17398.95.
The evidence shows that your sponsor is also currently employed by XYZ School since February 2020 and therefore this employment will fall to be considered under category B as specified in paragraph 5.3 of the immigration directorate instructions-
Category B: Less than 6 months with current employer or variable income – person residing in the UK
This category can be used where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in salaried or non-salaried employment at the date of application, but has not been with the same employer and/or not earning the income level relied upon in the application for at least 6 months prior to the date of application. It can therefore be used by those who have been with their current employer for less than 6 months, or who have been with their current employer for at
least 6 months but earning a variable income and wish to be considered in this category rather than under Category A.
The amount demonstrated from employment at XYZ School is £2636.03.
However, as stated in paragraph 4.1.2 of the immigration directorate instructions, these two categories cannot be combined.
The evidence also shows that you are employed by XYZ School since February 2019, and this income has been considered under category A (Non-salaried).
The demonstrated earnings from this, amounted to £1737.26, and if combined with the sponsors income it demonstrates earnings of £19,136.21.
Therefore, as you have only demonstrated earnings of £21,772.24 over the 12-month period prior to your application, you fail to meet the requirements of R-ILRP.1.1. (e) with reference to E-LTRP.3.1. of the Immigration Rules.
As you do not meet the above eligibility requirements your application for indefinite leave to remain is refused under paragraph E-LTRP.3.1. 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.
As you have a parental relationship with children who are British citizens, we are satisfied that you would meet the requirements of paragraph R-LTRP.1.1 (a), (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 the UK.
ANNEX B - THE IMMIGRATION HEALTH SURCHARGE
UAN: xxxxxxxxx
Date of decision: 08 March 2021
The Immigration Act 2014 received Royal Assent on 14 May 2014. Section 38 of the Act provides the power by Order for migrants to pay a surcharge as part of their immigration application. The surcharge is a financial contribution to the National Health Service (NHS). Once you have paid the surcharge and your immigration application is successful, you will be able to access the NHS in the same way as a permanent resident for as long as your leave to remain is valid. This means you will receive NHS care free of charge, except for those services a permanent resident would also pay for.
How the surcharge you must pay has been calculated
The surcharge is £400 per person per year. Applicants are required to pay for the maximum period of leave that can be granted based on the application which they have made.
You are being considered for a grant of 30 months and must therefore pay a surcharge of £1000 each for both yourself and your dependant.
When and how you must pay the surcharge
You must pay the surcharge within 10 working days from the date of this letter.
You must pay the surcharge by accessing the online immigration health surcharge (IHS) payment portal via the gov.uk web pages at the following address:
https://www.immigration-health-surcharg ... ment/start where you must enter your details and select the FLR (FP) category. Please do not select any other category, as this will not calculate the correct amount.
The portal will provide you with a unique IHS reference number. You do not need to contact us with this reference number. We will check the portal after 10 working days to check that you have paid, before completing a decision on your application.
A failure to pay the immigration health surcharge will mean your application for limited leave to remain will be treated as invalid, we will not be able to grant you limited leave to remain and your application fee will not be refunded. You will not be able to appeal this decision and you may be liable for removal from the United Kingdom.
