You have submitted an indefinite leave to remain application as the spouse of a settled person, this application will be assessed under Appendix FM (5-year route) of the Immigration Rules.
Having assessed your immigration history, the Home Office has deemed the application you have submitted as incorrect. In order to qualify for indefinite leave to remain under Appendix FM you are required to complete either at least 60 months under this route, as stated in section E-ILRP.1.3 of Appendix FM below:
E-ILRP.1.3. (1) Subject to subparagraph (2), the applicant must, at the date of application, have completed a period of continuous residence in the UK of at least 5 years (60 months)
Any previous leave granted under the Points Based System cannot be included in the qualifying period for ILR under Appendix FM, therefore, you have not completed the required period of 60 months under Appendix FM.
My Wife's immigration history as follows:
- Entered the United Kingdom on the 15 February 2017.
Then on the 01 September 2017 an application as Tier2 SW Dependent Partner Joining Relatives for further leave to remain (LTR) was received which was valid from 07 September 2017 until 07 September 2020.
On the 28 July 2020 we made a further application as a Tier2 SW Dependent Partner Joining Relatives for LTR. Which was granted and valid from 24 November 2020 until 24 November 2023.
Then on 03 September 2023 we applied as a Spouse of Settled Person for Indefinite Leave to Remain (ILR) under Appendix FM of the Immigration Rules was received.
Please confirm what we should do? Home office is asking us to apply to extend the leave further but we already extended twice and staying in UK for more than 5 years. Shall we apply the ILR under set O?
Note - I was in ILR up until June this year and now a British Citizen.
